What does the contract clause "Force Majeure" mean?
May 7, 2024 | 30,00 EUR | answered by Mia Schulz
Dear lawyer,
I am reaching out to you today as I am uncertain about a contract clause and require your expertise. The clause in question is "Force Majeure" in a contract I recently entered into.
The situation is as follows: I have entered into a contract with a supplier for the delivery of raw materials. Due to the current global situation and the associated restrictions, I am concerned about whether the supplier will be able to meet the agreed delivery dates. In this context, I noticed the "Force Majeure" clause included in the contract.
Currently, the supplier has not yet announced any delays, but due to the current circumstances, I am worried that there may be delivery shortages. Therefore, I want to be prepared and understand the potential impact of the "Force Majeure" clause in this case.
My concerns mainly lie in the fact that I am not sure what the clause means and how it affects my rights and obligations as a contracting party. I therefore ask for clarity regarding this clause and possible solutions if delivery delays do occur.
My specific question is: What does the "Force Majeure" contract clause mean in my contract and what are the consequences in the event of unforeseen circumstances such as the current global situation? How can I protect myself as a contracting party in this case and what options are available to me?
Thank you in advance for your support and expertise.
Sincerely,
Marco Karpinski
Dear Mr. Karpinski,
Thank you for your inquiry regarding the "Force Majeure" clause in your contract with your supplier. I understand your concerns regarding possible delivery delays due to the current global situation and I will gladly provide you with all the information regarding this clause.
The "Force Majeure" clause is a common contract clause that covers unforeseen and extraordinary events that are beyond the control of the parties to the contract. Such events may include natural disasters, wars, political unrest, strikes, epidemics, or pandemics. The purpose of this clause is to relieve the parties from their obligation to fulfill the contract if the performance of the contract becomes impossible or unreasonable due to such events.
In the case of delivery delays due to the current global circumstances, the "Force Majeure" clause could come into play. Your supplier could invoke this clause to suspend or delay their delivery obligations if they can prove that the current circumstances are considered force majeure.
As a contracting party, you should protect yourself by reviewing the exact wording of the "Force Majeure" clause in your contract. Typically, force majeure must be unforeseeable, unavoidable, and beyond the control of the parties to the contract. Additionally, you should check if the clause is specific enough to cover the current global circumstances.
If there are indeed delivery delays, it is advisable to contact your supplier early and clarify the situation. Together, you can work on possible solutions such as alternative sources of supply, extending delivery deadlines, or adjusting contract terms.
Overall, it is important that you inform yourself in a timely manner about your rights and obligations in the event of unforeseen events and, if necessary, seek legal advice to protect your interests.
I hope this information was helpful to you. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Mia Schulz
