AGB - Conditions

 

7. Force majeure

7.1
Events of force majeure shall entitle GM, to the exclusion of any claims (in particular claims for damages) of the customer, to extend the delivery period by the duration of the hindrance and a reasonable start-up period; or if the event of force majeure lasts for more than four weeks, withdraw in whole or in part from the respective individual contract or standing order. GM will inform the customer in a reasonable period of time about the existence of force majeure and in the event of withdrawal from the contract, possibly. refund any consideration already rendered to the extent required.

7.2
Force majeure is any event that is beyond GM’s control, including but not limited to:

a.
labour disputes of any kind, difficulties in obtaining transport facilities, blocked borders, official orders, export embargoes or other circumstances affecting the operation of GM; or

b.
Natural violence, acts of war, uprisings/revolution, terrorism, sabotage, arson, fire, natural disasters, pandemics as well as national and/or international official measures including all official sanctions to be taken into account for GM (in any case, including US sanctions, insofar as their observance would not be legally impermissible under European law), and border closures, in each case also as a result of pandemics and/or other cases of force majeure (including any direct or indirect effects of COVID-19) and no waiver of required regulatory approvals; or

 

c.

delivery delays or delivery failures of GM’s upstream suppliers, in particular as a result of energy crises or raw material supply crises, or if the procurement of raw materials in terms of price and/or quantity cannot be carried out at economically reasonable conditions and this was not foreseeable for GM when the contract was concluded, as well as for all other reasons for which GM is not responsible.