12. Force Majeure

12. Force Majeure

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12.1 : The Seller shall not be in breach of the Contract or otherwise liable to the Buyer for any failure to perform or delay in performing its obligations under the Contract to the extent that such failure or delay is due to a Force Majeure Event.
12.2 : A “Force Majeure Event” means acts of God, fire, accidents, strikes, lockouts or industrial disputes (whether such strikes, lockouts or industrial disputes affect the workforce of the Seller and/or any other person), storm, bad weather, lightening, earthquake, war, insurrection, riot, civil commotion, acts or threats of terrorism, Government regulations or interference, theft, malicious damage, shortage of labour, materials, fuel, utilities or transport, breakdown or failure of plant or machinery, defective materials, delay or non-performance by third parties or suppliers, delay or failure by the Buyer in giving instructions or any other cause whatsoever beyond the Seller’s control.
12.3 : In the event of a Force Majeure Event which gives rise to relief from liability under Condition 12.1 continuing for a period of more than 3 months, either party shall be entitled to cancel or suspend the whole or any part of any delivery, having given not less than 14 days’ notice in writing to that effect to the other party.
12.4 : The Buyer will continue to pay the Price for any Goods it receives notwithstanding the occurrence of the Force Majeure Event.

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