Force Majeure Clause
Import Export Contract Terms
Force Majeure actually means that the frustration of the contract by the party in question results from natural or social forces which include flood, earthquake, typhoon, fire, war and government decrees of prohibition beyond the control of human beings.
The party who fails to perform sales contract shall be exempted liability for performance of sales contract or be given an option of prolonging the performance...
Force Majeure Overview
- An event that can be neither anticipated nor reduced to control,e.g., an industrial strike that leads to loss of profits.
- Enable a seller to avoid his contractual obligations without paying a compensation or penalty.
- Events include certain natural disasters such as fire, flood, storm, heavy show, earthquake, and social disturbances like war, strike, sanctions,etc.
Force Majeure Clause In Contract
- In case of delayed shipment or non-delivery due to a generally recognized force majeure, the seller must advise the buyer immediately, and within 15 days thereafter the seller must airmail to the buyer a certificate of the incident issued by the competent government authorities or Chamber of Commerce at the place where the incident occurred. The seller shall not be absolved from his responsibility unless such an incident is acknowledged by the buyer.
- In case conditions of force majeure continue to lase over and above 30 days, the buyer shall have the right to cancel the contract. The seller's failure to obtain an export license shall not be considered as force majeure.
- If the shipment of the contracted goods is prevented or delayed in whole or in part due to force majeure, the seller shall not be liable for non-shipment or late shipment of the goods of this contract. However, the seller shall notify the buyer by fax or e-mail and furnish the latter within 15 days by registered airmail with a certificate issued by the China Council for the Promotion of International Trade attesting such event or events.
- If the shipment of the contracted goods is prevented or delayed in whole or in part by reason of war, earthquake, flood, fire, storm, heavy snow, the seller shall not be liable for non-shipment of the goods of this contract. However, the seller shall notify the buyer by fax or e-mail and furnish the latter within 15 days by registered airmail with a certificate issued by the China Council for the Promotion of International Trade attesting such event or events.
- If the shipment of the goods is prevented or delayed in whole or in part by reason of war, earthquake, flood, fire, storm, or other reasons, the seller shall not be liable for non-shipment or late shipment of the goods of this contract. However, the seller shall notify the buyer by fax or e-mail and furnish the latter within 15 days by registered airmail with a certificate issued by the China Council for the Promotion of International Trade attesting such event or events.
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