Defining liability exemptions and operational protocols during unforeseeable circumstances beyond reasonable commercial control.
Neither SPIRITS AND MALTS INDIA PRIVATE LIMITED (the "Company") nor the authorized buyer shall be held liable, penalized, or deemed to be in breach of contract for any failure or delay in the performance of their respective obligations if such delay or failure is the direct result of unforeseeable circumstances beyond their reasonable control (a "Force Majeure Event").
Force Majeure Events expressly include, but are strictly not limited to, the following categories:
Sudden statutory bans, unnotified regulatory enforcement actions, immediate amendments to the Cigarettes and Other Tobacco Products Act (COTPA), customs delays, or state-level commercial prohibitions.
Acts of God, severe weather events, floods, earthquakes, fires, national health emergencies, or localized pandemics that halt standard commercial operations.
Widespread transport strikes, total logistical network collapses, severe supply chain disruptions, riots, civil unrest, or mass telecommunication infrastructure failures.
In the event of a Force Majeure occurrence, the Company reserves the absolute right to suspend, pause, or entirely cancel pending B2B orders without incurring any legal or financial liability. Any estimated delivery timelines will be automatically extended for the duration of the disruptive event.
The affected party must make reasonable efforts to notify the other party of the disruption within 72 hours. Please note: A Force Majeure Event does not excuse or delay the buyer’s obligation to settle outstanding payments for products that have already been successfully delivered and accepted prior to the event.
Both parties agree to work cooperatively to mitigate the impact of any Force Majeure Event. However, should the disruptive event persist continuously for a period exceeding thirty (30) consecutive days, either party retains the right to terminate the affected order or contract by providing written notice to the other party, without incurring any penalty or liability for said termination.
Contact your dedicated account manager immediately to discuss order holds or routing alternatives.
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