VIS MAJOR Clause Samples

VIS MAJOR. In todays modern life, the majority of agreements contain a vis major clause (also known as force majeure or Act of God). The main purpose of a vis major clause, is to regulate an effort to protect against the potential risk of an occurrence, through no fault or act of either of the parties, which may render the performance of contractual obligations impossible. In order to rely on a vis major as a ground for non-performance, a contracting party must determine whether the agreement contains such provision, and if so, must be able to prove that the event or occurrence preventing performance: Must not be within such party’s reasonable control; Could not have been avoided or mitigated in any reasonable manner; and Was not due to a result of such a party’s own doing or fault or willful conduct or default. The starting point will always be how the lease agreement is worded and interpreted. One who wishes to rely on vis major must give proper notice to the other contractual party and must ensure that the current event, such as the COVID-19, is covered by the events listed in such clause. An example of such exclusions of liability will be worded as follows: “The lessor shall not be responsible for any damage or inconvenience which the lessee may suffer owing to any interruption from time to time in the supply of electricity or other amenities, nor shall the lessee be entitled to cancel this lease or to an abatement or remission of rent in respect of any such occurrence whether vis major or any other cause whatsoever.” Unfortunately, in most written lease agreements the landlord will exclude liability in their lease agreements and will ensure that even if this event occur, the tenant will remain liable to perform in terms of the lease agreement. What if your lease agreement does not contain a vis major provision, is it the end of the road for you as a tenant? In such instance, parties can rely on the principle of supervening impossibility. A supervening impossibility, in terms of the South African common law, is where the performance in terms of a contract becomes impossible through no fault of either of the parties. The standard is high to prove that where performance can still be made, albeit at a higher cost or with economic hardship, the courts are unlikely to consider this to be a supervening impossibility. Case law has indicated that performance needs to be more than just more difficult or more onerous, it must be objectively impossible. On the other hand, t...

VIS MAJOR. 11.1. If a Party is prevented in whole or in part from carrying out its obligations under this Agreement (other than an obligation to pay monies which are due and payable) as a result of vis major, it will promptly notify the other Party accordingly. The notice must: - 11.1.1. specify the obligations it cannot perform; 11.1.2. fully describe the event of vis major; 11.1.3. estimate the time during which the vis major will continue; and 11.1.4. specify the measures proposed to be adopted to remedy or ▇▇▇▇▇ the vis major. 11.2. Following this notice, and while the vis major continues, the obligations which cannot be performed (other than an obligation to pay monies which are due and payable) because of the vis major will, subject to clause 11.6 below, be suspended. 11.3. The Party that is prevented from carrying out its obligations under this Agreement as a result of vis major will remedy the vis major to the extent reasonably practicable and resume performance of its obligations as soon as is reasonably possible. 11.4. The Party that is prevented from carrying out its obligations under this Agreement as a result of vis major will take all reasonable and practicable action to mitigate any loss suffered by a Party as a result of its failure to carry out its obligations under this Agreement. 11.5. The Parties are not required under clause 11.3 or 11.4 to settle any labour dispute against its will or to test the validity or refrain from testing the validity of any law, order, rule or regulation. 11.6. If a Party is prevented from carrying out its obligations under this Agreement as a result of vis major for a period of 12 (twelve) months the other Party may terminate this Agreement in respect of that Party by giving 60 (sixty) days’ notice to the Party claiming vis major without prejudice to any of the rights of either Party accrued before the date of termination as well as the rights and obligations towards the other Parties which are not affected by the subsistence of the vis major. 11.7. For the purposes of this Agreement vis major relates to any act, event or circumstance or any combination of acts, events or circumstances, which:- a) is beyond the reasonable control of the affected Party; and b) is without fault or negligence on the part of the affected Party or its contractors and is not the result of a breach by the affected Party of any of its obligations under this Agreement or applicable law; and c) was not foreseeable, or if foreseeable, could not ha...

VIS MAJOR. 21.7.1 Failure to comply with any of the terms and conditions of the Agreement if occasioned by or resulting from an act of nature or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, as well as shortages, interruptions, fluctuations or the unavailability of electrical power, water supply or means of communication or any circumstances of like or different nature beyond the reasonable control of the party so failing ("vis major"), will not be deemed to be a breach of the Agreement, nor will it subject either party to any liability to the other. 21.7.2 Should a party’s performance of an obligation become temporarily impossible owing to vis major, that party shall: 21.7.2.1 as soon as reasonably possible after the vis major sets in notify the other party in writing of the incidence of vis major; 21.7.2.2 be released from performance of the affected obligation for so long as the vis major prevails; 21.7.2.3 use its best endeavours to recommence performance of the affected obligation, to whatever extent reasonably possible, without delay; and 21.7.2.4 co-operate with the other party in implementing such contingency measures as the other party may reasonably require. 21.7.3 Should the circumstances of vis major continue for longer than 30 (thirty) days, the party not relying on vis major shall be entitled to terminate the relevant PO, or if appropriate the Agreement, with immediate effect by written notice.

VIS MAJOR. TIA is not liable delay in performance or nonperformance from any cause beyond TIA’s resonable control including, without limitation: labor trouble, weather, shortage, or inability to obtain materials, equipment or transportation, or orders of courts or agencies. Either party may eliminate quantities affected by such problems from the Order, which Shall then remain in effect as to the remaining goods or services. If our supply of goods to be sold hereunder is limited by any such cause, we reserve the right to prorate our available supply over our own manufacturing requirements and our commitments to our customers as we consider fair.

VIS MAJOR. VIS MAJOR means in relation to the partnership any circumstances beyond the control of the Partnership including but without limitations of God, explosions, food, tempest, fire or accident or sabotage, insurrection civil disturbance, sickness, quarantine, pandemics, Government intervention, weather condition or other unforeseen occurrences. ▇▇▇▇’s Student Hostel shall not be deemed to be in breach of this terms and conditions or otherwise be liable to you by reason of delay of any of its obligations hereunder to the extent that any such delay or non-performance is due to a VIS MAJOR. if, ▇▇▇▇’s Student Hostel is affected by VIS MAJOR which make it impossible to perform in Terms of this agreement it shall be entitled to and may in its sole and absolute discretion vary or cancel any agreements. Payments of any refunds as a result of non-performance of any, ▇▇▇▇’s Student Hostel obligations hereunder shall remain in its sole discretion.

VIS MAJOR. If Caradar is prevented or restricted in any way from carrying out all or any of its obligations under this Contract by reason of vis major (an event or circumstance beyond the control of the Parties, such as a war, strike, riot, crime, or an “act of God” such as flooding or an earthquake which prevents one or both Parties from performing their obligations under the Contract), then Caradar shall be relieved of its obligations to provide Service during such period of vis major, and Caradar shall not be liable for any loss, damage, action or claim which may be brought by the Subscriber or by any other party in consequence of such delay or inability to perform.

VIS MAJOR. 12.1 Sublime shall not be liable for any delay or any failure to perform any obligation under this contract due to any cause beyond Sublimes reasonable control including, but not limited to, lack of instructions from the buyer, stock shortage, failure by any of its suppliers or manufacturers to deliver goods to Sublime, strikes, lock-outs, all other industrial action, government action, acts of God, sabotage, terrorism, civil commotion, riot, war, fire, explosion, natural physical disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 12.2 Upon the occurrence of any delay or failure referred to in 12.1, the provisions of the contract effected shall be suspended for as long as the cause in question continues to operate, provided that if that cause has not ceased to operate within 3 (three) months from when it arose, the contract may be terminated by Sublime upon written notice to the buyer. 12.3 Notwithstanding anything stated in this clause 12, should any delivery of goods be suspended or postponed, the buyer undertakes nevertheless to accept delivery and to pay for any part of the goods that Sublime may be able to deliver. 12.4 Sublime shall not be liable for any loss (including loss of profits) or damages of any kind whatsoever that may be related to any of the events or delays mentioned above.

VIS MAJOR. 8.1 Notwithstanding anything to the contrary, the Carrier shall not be liable in any way whatsoever in the event of it not being prevented from fulfilling its obligations in terms of the contract by any act of God, vis major, casus fortuitous, damnum fatale, and inherent defect vice or weakness or some action of the Goods themselves, civil riot or commotion, labour unrest amongst the ▇▇▇▇▇▇▇’s employees, inevitable accident, in act of State, enemies or any inevitable superior force or any other cause beyond the control of the Carrier.

VIS MAJOR. In the event of compliance with the terms and conditions of this agreement being frustrated or delayed by strikes, riots, lock-outs, trade disputes, vis-major, acts of God or any other cause not within the control of the Company, it is agreed that the Company shall not be held liable for any loss of trade or profit consequent upon such cause.