General Conditions of Contract

40. Force Majeure

40.1   

Force Majeure means an event beyond the reasonable control of the affected party which does not relate to its fault or negligence. Force Majeure includes (without limitation) acts of God, expropriation or confiscation of facilities, any form of Government intervention, war, hostilities, rebellion, terrorist, activity, local or national emergency, sabotage or riots, and floods, fires, explosions or other catastrophes, power shortages and computer viruses. Force Majeure does not include:

40.1.1            

failure by the affected party to adequately test equipment supplied by a third party or other service component before installation, or any consequence of the failure;

40.1.2            

strikes or other industrial action by employees of the affected party or its sub-contractors.

40.2   

Neither party shall be responsible for failure to carry out any of its duties (save as to payment) under the Contract to the extent to which this is caused by Force Majeure (as defined in this Clause 40) provided that the affected party:

40.2.1            

has taken all reasonable steps to prevent and avoid the Force Majeure;

40.2.2            

carries out its duties to the best level reasonably achievable in the circumstances of the Force Majeure;

40.2.3            

takes all reasonable steps to overcome and mitigate the effects of the Force Majeure as soon as reasonably practicable, including actively managing any problems caused or contributed to by third parties and liaising with them;

40.2.4            

on becoming aware of the Force Majeure promptly informs the other party in writing that something has happened which is a Force Majeure, giving details of the Force Majeure, which obligations have been affected, together with a reasonable estimate of the period during which the Force Majeure will continue;

40.2.5            

within seven calendar days of becoming aware of the Force Majeure provides written confirmation and reasonable evidence of the Force Majeure; and

40.2.6            

tells the other party when the Force Majeure has stopped.

40.3   

The charges for work affected by a Force Majeure shall be reduced or waived by a reasonable amount to be agreed between the parties to reflect the extent and standard to which the affected work is being provided. If a Force Majeure results in suspension of all of the Services or in the Services being provided to a level of negligible value to the Council, the Council shall not be liable to pay for the Services.

40.4   

If the Force Majeure results in suspension of all work or in work being provided to a level of negligible value to the Council and this continues for more than five calendar days, the Council may terminate this Contract by giving thirty calendar days' written notice to the Contractor.

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