Explanation of the term “force majeure”
Definition Deutsche Gütegemeinschaft Möbel e. V.
(Member of RAL German Institute for Quality Assurance and Labelling e. V.)
Definition
In general, the term "force majeure" is understood to mean an event that comes from outside, has no operational connection and cannot be averted even by the utmost diligence that could reasonably be expected (instead of many: BGHZ 100, 185). Events such as natural disasters (hurricanes, earthquakes or floods), (local) epidemics, pandemics, wars and political unrest are usually regarded as "force majeure". Official measures and warnings are also a strong indication of the existence of force majeure. 1
The supplier and the customer agree that the following circumstances are also to be attributed to force majeure:
- Transport and freight delays for which the supplier is not responsible (in particular in the event of delayed receipt despite timely handover of the goods from the Supplier to the transport person)
- Operational disruptions for which the supplier is not responsible or pandemic capacity reductions of any kind due to a lack of manpower, energy, preliminary products, raw materials and untimely or improper own preliminary supply of the supplier (interruption of the supply chains), which significantly change the economic significance or the content of the delivery or have a significant effect on the supplier's operations
- Damage at the supplier or his sub-suppliers caused by natural disaster
- Strikes or labour disputes including lawful lockouts
- Attacks on the supplier's IT system which are detrimental to the production process
- Delays for which the supplier is not responsible due to difficulties in obtaining the necessary official approvals
- In case of border closure or official measure, instruction, or warning
Legal consequences due to force majeure as defined under Item 1
A contracting party who is unable to deliver in accordance with the contract due to force majeure shall be obliged to inform the contractual partner immediately of the reason and the expected duration of the delay in delivery. At the request of the contractual partner, the supplier shall be obliged to explain the objective existence of the force majeure and the effects on the ability to deliver.
Contractual delivery periods shall be automatically extended by the duration of the hindrance due to force majeure. Other reasons for delay may not be taken into account. Claims for damages, contractual penalties, or termination/withdrawal from the contract due to the delay in delivery on account of force majeure may not be asserted.
In the event of delays in delivery due to force majeure, the contract shall be adjusted appropriately at the request of either party in good faith. Insofar as this is not economically justifiable from the supplier's point of view, the supplier shall have the right to withdraw from the contract.
Fürth, November 2021
1 Case law Case law has ruled that the term “force majeure” within the meaning of travel law may include war, a terrorist attack, massive violent unrest (LG Frankfurt a. M. RRa 2015, 8; also BT-Drs. 8/2343, p. 12), a reactor accident (BGHZ 109, 224) or the outbreak of an epidemic such as SARS (AG Augsburg 14 C 4608/03).