Common use of Force Majeure and Termination Clause in Contracts

Force Majeure and Termination. 12.1. In this terms and conditions, force majeure on the side of Prodim Int. BV refers to war, threat of war, natural disasters, an excessive temporary increase in demand, disturbances, transportation barriers, government regulations, weather conditions, failure in or a delayed delivery, or not fully delivered to Prodim Int. BV of goods or services ordered by third parties, strikes, company obstacles, punctuality actions, breakdown at Prodim Int. BV, the presence of EMC pollution on the supply network of the other party, nuclear reactions, molestations, as well as any circumstances beyond the control of Prodim Int. BV – irrespective of the fact whether this was foreseeable at the time of the conclusion of the agreement – that prevents the performance of the agreement temporarily or permanently or makes it considerably more difficult or more expensive. 12.2. If Prodim Int. BV is, as a result of force majeure, not able to meet its obligations, the company shall be entitled to postpone the supply of goods or the performance of operations, without being in default, until the force majeure situation has ended. 12.3. in the event of force majeure, Prodim Int. BV has the right to terminate the agreement, without being liable for damages resulting thereof. Prodim Int. BV, cannot be settled by deduction from and / or withholding from the invoiced amount, but should be demanded separately.