Recommended Force-Majeure clauses for inclusion into foreign trade agreements

Comprehensive Force Majeure Clause – Example:
“The parties do not bear any responsibility for complete or partial failure in the performance of the obligations under the contract if it is due to “unpredictable force” (force majeure).

“Unpredictable force” (force majeure) shall be interpreted as a circumstance (event) of extraordinary nature which has occurred after the conclusion of the contract, could not have been foreseen and is beyond the will and control of the parties such as: fire, industrial accidents, war, natural disasters – storms, downpour, flooding, hail, earthquakes, freezing, drought, landslide and other natural calamities, embargo, governmental restrictions, strikes, riots and turmoil.

The party who allowed the failure in performing its obligations due to the force majeure circumstance should give written notice thereof to the other Party within 10 days of its occurrence as well as the presumed duration and the elimination of the force majeure circumstance.

The certification of the “force majeure” circumstance is accomplished by BCCI issuing a Force Majeure certificate.”

Concise Force Majeure Clause – Example::
“The parties do not bear any responsibility for complete or partial failure in the performance of the obligations under the contract if it is due to “unpredictable force” (force majeure) for which they have duly notified the other Party and submit a Force Majeure Certificate issued by the Bulgarian Chamber of Commerce and Industry”