Page 28 - BOSS Today Issue 26

LEGAL

DISASTER

MOVES

The winter is a particularly important time to consider what might happen

to our customers - and business - in the event of extreme weather.

ast year’s awful weather get materials to you? of your obligations under the Terms and Conditions the force
Land consequential floods Most importantly, what is contract if you fail to perform majeure clause is as follows:
were devastating to many your liability to those customers those obligations due to that The Seller shall be under no
households and businesses that you cannot supply? event. There is no general liability if he shall be unable to
in Somerset and the Thames When a natural disaster concept of force majeure in carry out any provision of the
Valley. Although it seems that happens it is important to English law, so contracts with contract for any reason beyond
it was mostly farmers that know how you can manage your customers need to include his reasonable control including
were affected, the impact on the supply chain, and what express provisions to that (without limiting the foregoing):
the transport network and measures should be included in effect and the event which has Act of God; legislation; war; fire;
infrastructure should not be your contracts to help manage occurred needs to fall within the flood; drought; inadequacy or
underestimated. What do you your risks of liability. definition of force majeure used unsuitability of any instructions,
do if your workforce cannot get in the contract. electronic file or other data or
to work? How do you cope if Force Majeure Accordingly, in determining materials supplied by the Buyer;
the power is out due to trees Force majeure is the idea that, whether a force majeure clause failure of power supply; lock-out,
falling on the electricity cables? if an event outside your control applies, its wording is crucial. strike or other action taken by
What if your suppliers cannot occurs, you will not be in breach For example, in the BOSS Model employees in contemplation

28 BOSS TODAY | February/March 2015

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