This clause excuses a supplier from delivering goods on time if transport becomes impossible due to events beyond their control—like port strikes, road closures, or severe weather. It matters because without this protection, a supplier could be sued for late delivery even when the delay wasn't their fault. The legal principle is called "force majeure," which means "greater force" in French, and it's recognized in both UK and US law as a way to suspend contract obligations when unforeseen catastrophic events make performance impossible or impracticable. For example, if a shipping company can't deliver your order because a hurricane closes all ports, this clause would protect them from breach of contract claims.
Accept this clause as written, but add a requirement that the supplier must notify you within 48 hours of any disruption and provide evidence (news reports, official statements). Also insist on a time limit—if disruption lasts more than 60 days, you should have the right to cancel the order without penalty and buy elsewhere. ---
Frequently Asked Questions
What does this clause mean in simple terms?
This clause excuses a supplier from delivering goods on time if transport becomes impossible due to events beyond their control—like port strikes, road closures, or severe weather.
Why should I care about this clause?
It matters because without this protection, a supplier could be sued for late delivery even when the delay wasn't their fault.
What are my options?
The legal principle is called "force majeure," which means "greater force" in French, and it's recognized in both UK and US law as a way to suspend contract obligations when unforeseen catastrophic events make performance impossible or impracticable.
How does this affect small businesses?
For example, if a shipping company can't deliver your order because a hurricane closes all ports, this clause would protect them from breach of contract claims.