FORCE MAJEURE EXEMPTIONS. Neither party hereto will be liable for the failure to tender or timely transport freight under this Agreement is such failure, delay, or other omission is caused by strikes, acts of God, war, accidents, civil disorder, or through compliance with legally constituted order of civil or military authorities.
FORCE MAJEURE EXEMPTIONS. The Parties shall not be liable for the non-fulfilment or delay in fulfilment of obligations of Contract, if it is caused by force majeure circumstances not related to the Party, beyond the control of either of the parties, which could not reasonably have been taken into consideration upon conclusion of the Contract or foreseen or prevented by either Party, but has affected the Party, such as fire, flood and other natural disasters and war, mobilization, also restricting decisions by the state and government bodies. In the appearance of the force majeure, one Party shall immediately send a written notice, if possible within 5 (five) business days or if this is not objectively possible, within another reasonable period, to the other Party about the existing circumstances and provide an adequate proof containing information about the way how the Party has been directly influenced of such force majeure circumstances so that this Party was not able to fulfil the obligation on time. In case of failure to notify about the existing circumstances within the specified period the Party in failure to fulfil its obligations shall be liable according to general grounds specified in these Terms and/or Contract. The performance of contractual duties shall be postponed until the end of the force majeure circumstances. If force majeure circumstances last longer than 2 (two) months, the Parties shall agree in written on their further cooperation and adjusted terms of fulfilment the Contract. Strikes, lockouts or delays in transportation of goods are not considered to be the cases of circumstances excluding the liability of the Supplier for a proper and timely delivery. Any circumstances excluding the liability of a customer of the Purchaser in relation to the goods ordered by the Purchaser under a Contract will be considered as excluding the liability of the Purchaser to the Supplier under the Contract (except for the payment of the purchase price for the goods taken over by the Purchaser).
FORCE MAJEURE EXEMPTIONS. Neither party hereto will be liable for the failure to tender or timely transport freight under this Agreement if such failure, delay or other omission is caused by strikes, acts of God, war, accidents, civil disorder, or through compliance with legally constituted order of civil or military authorities.
FORCE MAJEURE EXEMPTIONS. (a) Neither party hereto will be liable for the failure to tender or timely transport freight under this AGREEMENT if such failure, delay or other omission is caused by fire, flood, or other natural disaster, war, embargo, riot, civil disorder, through compliance with legally constituted order of civil or military authorities, provided the party uses best efforts to perform pursuant to the Agreement and provided that the party provide reasonable notice to the other party of the inability to perform.
