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Force Majeure clause in the contract drafting

Time:2014-03-13 Hit:200


Force Majeure clause in the contract drafting

  1. If a contract cannot be performed due to the Force Majeure, all or part of the obligation shall be relieved, depending on the impact of the Force Majeure event, unless otherwise stipulated in the law, the seller shall not be responsible for late delivery or non-delivery of goods.
  2. If a party fails to perform a contract owing to Force Majeure, it shall inform the other party promptly, so as to reduce the possible damages inflicted on the other party, and shall also provide a certificate of non-performance owing to Force Majeure within a reasonable time.
  3. The seller shall not be responsible for the delay of shipment or non-shipment in the following events of Force Majeure, including fires, floods, earthquakes, war and strikes.
  4. The prevented party shall notify the other party of the occurrence of the Force Majeure event by telex within the shortest possible time and shall, within thirty days thereafter send by airmail to the other party for confirmation a certification issued by competent government authorities of the place where the accident occurs as evidence thereof.
  5. Party claiming inability to perform due to the event of Force Majeure shall take appropriate means to minimize or remove the effects of the event of Force Majeure and, within the shortest possible time, attempt to resume performance of the obligation affected by the event of Force Majeure.  
  6. Force Majeure shall not include the following:
  • Late delivery of materials by the seller’s supplier.
  • The contractual commitment made by the seller to third parties which limit the seller’s ability to provide materials or equipment.
  • The financial distress of the seller, subcontractor or manufacturer.

Author: shanghai lawyer


shanghai attorney