It is interesting to note that while the above clause was interpreted by the Court as a force majeure
clause, it did not expressly include the words "force majeure
It should be made clear in both purchase and sale agreements and tolling agreements whether either (1) the withdrawal of an authorization due to government action or (2) the revocation of an authorization due to the actions of another customer or buyer in the same facility constitutes an event of Force Majeure
Therefore, international contractors are entitled to claim force majeure
as a defense of nonperformance.
Nova Chemicals has issued force majeure
notices to Lanxess regarding the raw material supply since October 2005.
However, New York Courts take a strict view of force majeure
clauses as well.
The force majeure
will remain in affect until advised otherwise by Sartomer.
The settlement amounts to the re-pricing and re-phasing of the delivery of the shortfall of 750,000 tonnes of coal previously notified in UK Coal's force majeure
has declared force majeure
on production of its Ultem polyetherimide and placed customers on allocation following an "unforeseen malfunction" at its plant in Mt.
Provided they are made correctly and in time, US and European coffee trade rules permit declarations of force majeure
to delay shipment for a certain time until the situation blocking delivery is resolved.
Most standard contracts include a force majeure
clause, which basically protects the supplier/manufacturer from unexpected circumstances ( something which experts at Eversheds believe the last-minute change in date would be classed as.
A force majeure
event that has a material impact on the performance of the services for a minimum period (usually this is a termination right for the customer only, and a force majeure
event should not relieve the provider from activating a disaster recovery or business continuity plan if otherwise part of the agreed-upon services); and
Airline labour agreements contain force majeure
clauses that give carriers the flexibility to lay off workers without adhering to strict seniority provisions during unexpected crises.