Force majeure is a contract clause that suspends or excuses a party’s obligations when extraordinary events entirely beyond its control, such as armed conflict, natural disaster or port closure, make performance impossible or unlawful.
In trade practice
In agricultural trade contracts, the clause typically lists qualifying events, sets a notice period within which the affected party must inform the other, and specifies whether the contract is suspended, extended or terminated if the event persists beyond a defined duration. Ukrainian exporters have had to invoke force majeure provisions related to infrastructure disruption, making precise drafting of notice and evidence requirements especially important. Buyers should require the affected party to provide documentary evidence, such as a chamber of commerce certificate, rather than accepting a self-declaration. Seasonal produce contracts often include tighter time limits because a delayed shipment may have no commercial value once the processing window closes.
In a specification
A purchase contract should define force majeure exhaustively or by category, state the notice period and required evidence, and specify whether undelivered volumes are cancelled, carried forward or subject to renegotiation.