Force-Majeure

Circumstances of force majeure, i.e. fire, flood, earthquake or other natural disasters, labour strike, war, military operations of any kind, blockades, prohibition of export or import shall relieve the Seller and the Buyer from the responsibility for non-fulfilment in whole or in part of any obligations specified in this Contract in the event and to the extent that the Seller or the Buyer, as the case may be, shall have been delayed, impeded or frustrated in the performance in whole or in part of such obligations. If as a result of such circumstances the quantity of Cement as per Clause 5 of this Contract has not been delivered in any month, the quantity of so short-shipped shall (unless otherwise mutually agreed) be deducted from the total quantity to be delivered under this Contract.

If the said circumstances of force majeure remain operative for a continuous period exceeding 6 months, either Party shall have the right to cease the Contract and in such case neither of the Parties shall have the right to claim losses or damages.

Claims

a) If at the Seller’s or the manufacturer’s fault the quality of the Cement delivered under this Contract is inferior to that stipulated in Clause 2, the Buyer may lodge a claim not later than 45 days from the date of the Bill of Lading. The claim is to be supported by one original and one copy of a Test Report from Harry Stanger Laboratories, London.

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b) In case of the Seller’s refusal or inability to furnish the Cement according to the schedule agreed upon as per Clause 5, the Buyer shall be entitled to claim damages from the Seller at the rate of 4.00 USD per each metric ton not furnished. The Seller shall accept and settle such claim within 30 days from its issue.

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