12.3 Force Majeure不可抗力
Every contract contains some sort of a force majeure clause.Force majeure incidents are unforeseeable circumstances that prevent someone from fulfilling a contract.This term originated from French,which literally means “superior strength”.These incidents can neither be anticipated nor reduced or controlled.It could be a natural disaster such as a major storm,a flood,a heavy snow,an earthquake,a volcanic eruption,etc.,or a human related incident,such as a fire at the exporter’s plant,a civil unrest,a strike at a port that delays the delivery of the goods,an embargo imposed by one country against another,an outbreak of epidemic,etc.A force majeure incident often results in termination or postponement of the contract and partial or total exemption of the affected party from fulfilling his/her liability under the contract.
However,you cannot claim anything of a nature listed above as a force majeure incident.It has to be attested to by a certificate issued by a recognized organization.Plus,a prompt notice must be sent to the importer in line with trade conventions and contract terms.China Council for the Promotion of International Trade(CCPIT)is a recognized organization that can issue such a certificate.When the 2020 COVID-19 pandemic prevented some Chinese plants from performing their contracts,CCPIT issued a certificate of force majeure on February 1st,2020 to a business based in Huzhou,Zhejiang Province,attesting to the pandemic as a force majeure incident.This was the first of such certificates in China since the outbreak of the pandemic.
A force majeure clause in a contract should specify the scope and consequences of the force majeure incident,the allowed period for notifying the other party,the certificate for attesting to such incidents and the organization that issues them.