Partial performance,
non-performance or delayed performance of a contract can be justified only as a
result of unforeseeable and insurmountable occurrences, but only if these
arise after the conclusion of the contract and before the expiry of the
performance period allowed by the contract. And furthermore only if the seller
informs the buyer as soon as the impediment arises, provides evidence and keeps
the buyer fully informed of developments. In other words, make sure your buyer
knows what you know yourself. Under ECF contracts a successful plea of force majeure can extend the performance time
limit by up to a maximum of 45 calendar days, after which the contract lapses.
Disputes have to be settled by arbitration.
GCA follows the same principle but does not specify any
extension. It also states that in no case shall the seller be excused by any
such causes intervening before arrival of the affected portion of the coffee at
the point of embarkation of the original shipment. Thus, delays within producing
countries do not constitute force majeure.
Disputes dealing with force majeure will by
nature be technical and as such are subject to a one-year filing time limit (See
07.12.01).