This is a broader force majeure clause that protects the supplier from liability if they can't perform their obligations due to unforeseeable events like pandemics, wars, natural disasters, or government actions. It matters because it shifts the risk of catastrophic events from the supplier to you—meaning if a factory burns down, you lose your order and have no legal claim for compensation. In US law, this is sometimes called the "doctrine of impossibility," and in UK law it relates to the concept of "frustration of contract." Without limits, a supplier could invoke this clause for almost any disruption and leave you without goods or remedies.
Negotiate a narrower definition that lists specific events (earthquakes, wars, pandemics) rather than vague language like "any unforeseen circumstance." Require the supplier to prove the event actually prevented performance, and add a termination right: if the disruption lasts 90 days or more, you can cancel and buy from someone else without penalty. ---
Frequently Asked Questions
What does this clause mean in simple terms?
This is a broader force majeure clause that protects the supplier from liability if they can't perform their obligations due to unforeseeable events like pandemics, wars, natural disasters, or government actions.
Why should I care about this clause?
It matters because it shifts the risk of catastrophic events from the supplier to you—meaning if a factory burns down, you lose your order and have no legal claim for compensation.
What are my options?
In US law, this is sometimes called the "doctrine of impossibility," and in UK law it relates to the concept of "frustration of contract." Without limits, a supplier could invoke this clause for almost any disruption and leave you without goods or remedies.