Common use of UNFORESEEABLE ACCIDENTS AND FORCE MAJEURE Clause in Contracts

UNFORESEEABLE ACCIDENTS AND FORCE MAJEURE. Any event outside the control of the seller, such as a total or partial general strike, war, embargo, fire, accident, natural or economic disaster, bad weather, explosion, flood, riot, civil unrest, shortage, act of terrorism, epidemic, etc. that prevents, renders economically unprofitable or delays the receipt of raw materials or the production, sale or delivery of the goods, is deemed to constitute a force majeure event, without such event necessarily being unforeseeable, unavoidable, insurmountable or external as understood by the French courts. The seller is responsible for determining whether the occurrence of such a force majeure event constitutes a reason for suspending or extinguishing its obligations. No damages may be owed in the event of a force majeure event as defined above. The seller shall make every effort to warn the buyer by any means and in reasonable time as soon as it becomes aware of the occurrence of a force majeure event.