Page 29 - BOSS Today Issue 26

“Businesses should consider

their supply chain risk
management and ensure that

their contracts have

appropriate clauses.”

or furtherance of a dispute; but you may still need to show So, as householders and
or owing to any inability to that you have made reasonable businesses may struggle again
procure materials required for efforts to perform the contract, this winter to deal with power
the performance of the contract. despite the occurrence of the cuts and flood water, this
During the continuance of such force majeure event. is a timely reminder that all
a contingency the Buyer may by Some of your larger businesses should consider their
written notice to the Seller elect to customers may require you supply chain risk management
terminate the contract and pay to have a business continuity and ensure that their contracts
for work done and materials used, plan, or disaster recovery plan. have appropriate clauses to
but subject thereto shall otherwise If you do have one of those, help manage their commercial
accept delivery when available. you may also need to show that risks.
As you can see, this wording you have followed that plan if
covers almost everything that you then need to rely on your n FOR FURTHER ADVICE
you can think of that might force majeure clause to relieve ON THIS SUBJECT, PLEASE
prevent you from being able you of any liability for non- CONTACT THE BOSS LEGAL
to deliver to your customers, performance of the contract. TEAM ON 0845 450 1565.

February/March 2015 | BOSS TODAY 29

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