Common use of Inability to Supply Clause in Contracts

Inability to Supply. 15.1 Without prejudice to any other condition hereof should the manufacture, supply or despatch of the whole or any part of the Goods contracted for be interrupted, prevented or hindered by any cause or causes whatsoever beyond the Company's confidence the Company shall be entitled to postpone or suspend any delivery or deliveries under the contract until (in the Company's judgement) any such cause has ceased to operate. The Company shall be under no liability whatsoever in respect of such postponement or suspension. 15.2 If delivery is delayed for more than 3 months the Company has the option (without incurring any liability for loss or damage arising there from) of cancelling the contract and refunding any payment made by the Purchaser. 15.3 Without limiting the generality of the cause or causes referred to above the same shall include war, fire, accident, breakdown of plant or machinery, industrial action, disputes (including strikes and lockouts) unavailability of and restrictions on supplies, non-delivery or delay in delivery of any materials or any other circumstances (of whatsoever nature and not limited to the foregoing) which directly or indirectly interrupt or hinder the due performance of the contract.