Common use of Non-availability Clause in Contracts

Non-availability. The agreed contract price of the compound feed which is the subject of this contract depends upon the necessary ingredients continuing to be available to the Seller. Should “force majeure” be invoked against the Seller by any of his own suppliers and the ingredient in question not be replaceable at a similar price, the Seller will immediately inform the buyer and offer him either replacement of the ingredient in question from a different source but at a contract price adjustment to be agreed or reformulation of the compound feed maintaining the original price. If the ingredient is not replaceable at all and the Buyer will not accept reformulation, the Seller can himself invoke the Force Majeure clause in this contract as also if the parties are unable to agree a new price prior to manufacture of the compound feed to which this contract refers.