RE: Prem22 Jul 2023 15:23
Good afternoon Acker,
PREM are relying on 2 parts of section 12.1 of the offtake agreement as a cause for FM:
(viii) disruption or breakdown of storage plants, terminals, equipment, machinery, or other facilities, which are not in the ordinary course of business.
(vii) Shortages, failure, unavailability, or inability to obtain machinery, materials, supplies, plant or equipment, water, fuel, transportation or power, which are not in the ordinary course of business.
In RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd and Another Appeal SGCA 39
The defendant relied on Clause J of their agreed contract for a state of FM, that clause stated:.
In the event of any circumstance constituting Force Majeure, which is defined as act of God, or due to any cause beyond The Supplier’s control, such as market raw material shortages, unforeseen plant breakdowns or labour disputes, the duty of the affected party to perform its obligations shall be suspended or limited until such circumstance ceases. In any event, The Supplier shall not be liable in any way for loss or damage arising directly or indirectly through or in consequence of such events or happenings.
The 2 contain similar