Invoking Force Majure clause in contracts for COVID-19

If force majure is cited as one of the reason for cancellation of the contract, then the vendor can do so depending on the nature of the supplies and the effect on business. You can discuss with your customer for the need of invoking the clause. Generally in a contract force majure is for the benefit of the supplier in case the supply of the service is delayed. Please read the contract carefully. more  

Vinita Agarwal, thanks for your upvoting my comments above. Now, first read my following attachment from beginning to end which I have received from purported top Chinese Communist Party's boss as follows" First read the message I received from some purported high ranking Chinese Communist Party officer on the fact of corona virus, how the world common public is kept in the dark what is the fact behind the spread of coronavirus, and how the world leaders though in opposition to each other are actually the friends. The story is attached with appeal to please read it from beginning to end and give comments liberally: "#Coronavirus {"If this is true,it is end time", comments of a reader; 👇👇👇👇👇👇👇👇👇 "I am a senior Chinese military intelligence officer and I know the truth about the coronavirus outbreak. It is far worse than the media are telling you. I am a Chinese citizen in Wuhan who occupies — or perhaps occupied — a high-ranking position in military intelligence. I am also a member of the Chinese Communist Party. As a senior official near the top of the Party, I have access to a great deal of classified information and I have been involved in many top secret government projects. I have a doctorate from a leading university in a western country, which is why I am able to write my account in English. "I have information that I believe could lead to the overthrow of my government. It is also relevant to billions of people outside of China, all of whom are now in existential peril. It will not surprise you to hear that if my identity were to be revealed, my life would be in grave danger, as would those of my wife and son. I ask you to respect the fact that I have stripped out of this account all facts that would make it easy to identify me. "By now you will be familiar with the recent outbreak of 2019-nCoV, also known as NCP, or simply "coronavirus". You will have heard that it originated in Wuhan, an industrial city in China, and that it came from an animal — most likely a bat or a pangolin — that was sold in a wild animal market. You will have been told that it is an influenza-like illness that can in severe cases cause pneumonia, respiratory failure and death. Finally, you may have heard that although the disease is highly infectious, it is dangerous only to the elderly or to those who have a compromised immune system. The official lethality rate is approximately 2% or so. "All of that is a bunch of lies concocted by the Chinese state with the tacit support of the U.S. deep state and its friends in the European Union, Russia and Australia, and spread by the docile media in all of those countries. "Let me start by telling you that the world does not operate the way you think it does. Although countries like the US and China vie for global dominance, that competition is restricted to certain limited areas. In most ways, the two countries are more interested in cooperation so that they can stop other competing countries from gaining more power. They also have a shared interest in keeping real power out of the hands of their "ordinary" citizens. To this end, they have many different mechanisms by which they control the overwhelming majority of their media outlets. The Americans in particular have perfected the art of creating made-up "divisions" between their two main parties which are designed to hide the fact that both serve the same masters. "These same nations also posses technology that is far more advanced than you can imagine and which is kept carefully hidden from public view. This includes advanced artificial intelligence capable of undermining and deciding any election in the world; biological and chemical agents that can manipulate and control the thinking patterns and behaviours of citizens to terrifying degrees; highly sophisticated manipulation techniques using hypnotic practices entirely unknown to the public; and other things that I will not go into now. My point is that the great nations do not compete so much as work together. Their principal goal is to shield the true workings of the world from the "uninitiated" public. "Just to give you one example, there aren’t actually any nuclear weapons anywhere in the world. The U.S. and the Soviet Union scrapped them all in the 1970s, as did their client states. Everyone realised that those weapons could not be used without destroying the whole world, so there was no need for them; but by pretending that they still had them, the big players were able to keep the non-nuclear powers in line. Let me return to the virus. "Last year, large-scale anti-government protests erupted in Hong Kong. The Standing Committee of the Chinese Communist Party considered these to be a grave threat to the integrity and stability of the motherland. The U.S. government and the EU both knew that the Chinese were secretly working on a biological agent that was supposed to make the protesters docile and obedient. Without going into detail, I worked on that project. We tried to develop a sort of spray that could be dispersed from helicopters or drones and that would lead to mental retardation and behavioural change. "Naturally, as Hong Kong is one of the most open and international cities in the world, the Party decided that it was too risky to release the agent in Hong Kong without first testing it. For this, it needed a great number of human guinea pigs. Two groups were identified for this. "First, we rounded up a large number of so-called "islamic radicals" in Xinjiang Province and took them to what we called "training camps". We had already been using these camps for human experimentation for several years, but the Hong Kong protests meant that we redoubled our efforts. We exposed the inmates to various "alpha" experimental agents. As these were odourless and invisible, the subjects were not aware that they were taking part in medical trials. The resulting high rates of cancer, premature dementia, suicidal depression and death by organ failure could easily be suppressed, as the camps are located in very remote parts of our motherland. "Once the initial experiments had yielded a "beta" agent, it was transported to Hubei Province, where it was deployed in a special military testing facility outside the city of Wuhan. This was not even a particularly well-kept secret: the existence of this facility has been reported in international news. Even the fact that it is located close to the wild animal market is a known fact. "By then our President had already introduced a "social credit" system that allowed us to identify disloyal, counter-revolutionary and bourgeois elements in our society. Using the social credit scores — which are taken from online activity, electronic shopping behaviour and reports from informers in civil society — we selected some of the worst offenders. These included human rights lawyers and activists, Christians, homosexuals, artists, intellectuals, people who speak foreign languages, and other undesirables. "Once these troublemakers had been collected and placed in the testing facility, we exposed them to the Agent, which is biochemical in nature and spread in an invisible aerosol, akin to certain viruses. Initial results were encouraging, as we saw significant cognitive decline and reduction in higher mental processing facilities. Essentially, our undesirables were becoming mildly mentally disabled, which is precisely the effect we wanted to produce in order to pacify the restive population of Hong Kong. "Unfortunately, it quickly became apparent that the Agent also had other effects. About one week after the retardation set in, our subjects developed major anxiety and panic attacks. Eventually they developed symptoms akin to those of paranoid schizophrenics. At that point, their bodies rapidly deteriorated. They developed massive internal bleeding; the walls of their arteries dissolved; they bled out of their eyes and orifices, and their tissue disintegrated. To put it in a more direct Western manner, they started to melt. "Death usually occurred through multiple organ failure. This was preceded by at least five days of severe agony which could not be alleviated by painkillers. It was at this time that I first violated our protocol: one subject, an elderly lady who had published defamatory cartoons of our President, begged me for death with such insistence that I took pity and shot her. I was reprimanded, but fortunately the complaint was dropped when I agreed to reimburse the cost of the bullet. I swore to myself never again to show such unnecessary emotion. "We decided that our Agent was unusable. It was far too destructive for our purposes. We wanted the population of Hong Kong to submit to us; we did not want to exterminate it. "Naturally, our American friends had by then taken an interest in our work and asked us for a sample for their own research and testing purposes. They hinted that they wished to use it to resolve certain difficulties in Venezuela. Normally we would have agreed, as we maintain friendly relations with the CIA, but given the extremely toxic nature of the Agent, we declined. "This, as it turned out, was a grave mistake. The CIA was convinced that we had developed something very powerful and wanted to keep it to ourselves. They offered a great deal of money to one of our researchers. Foolishly, he agreed to sell them a specimen. We found out just in time for the handover and tried to stop it from happening. In the ensuing shoot-out — don’t bother to look for it in the news, it was never reported anywhere — several dozen people were killed. "More importantly, however, the Agent escaped. "The shoot-out took place at the wild animal market which has been reported as the location of the "animal to human" transmission that started the outbreak. But of course there was no such transmission; it was just the location where the CIA was supposed to receive the sealed vial containing the Agent. The vial shattered when it was dropped by the traitor who had agreed to sell it to the Americans. "By now I understand you will be sceptical. If I really am who I say I am, why would I be sharing this information on the internet? Let me assure you that I am no friend of the Western system of governance. I love my motherland and I am loyal to the Communist Party. It has lifted hundreds of millions of my compatriots out of squalor and poverty. However, I am also a human being and I have a conscience. "Most importantly, I have a wife and a son. "Once we realised that the Agent had escaped and would start to spread, we swiftly put all of Wuhan into lockdown. I was one of those tasked to manage the fallout of the contamination. Of course we could not keep such a huge undertaking secret, so we decided to order our state media to report that a "coronavirus" had broken out in Wuhan. "In reality, of course, there is no "coronavirus". It was all made up. "It was one of my colleagues who came up with the genius idea of pretending that people with the common flu suffered from the coronavirus. This allowed us to hide the true nature of the disease. Let me explain. "It is currently flu season in China. When we realised that we could no longer control the spread of the Agent, we sent our men to all the hospitals and instructed all doctors to diagnose every case of the common flu as "coronavirus". We came up with a new name — 2019-nCoV — and handed out "factsheets" that described a made-up illness. "The result of this decision was that tens of thousands of individuals who were simply suffering from a cold or flu were now diagnosed as having a mysterious coronavirus that, although infectious, was not often lethal. While this frightened the public, it allowed us to push the narrative that the disease was not that deadly; it also gave us time to prepare for the catastrophe that was sure to come by imposing a lockdown on Wuhan and other cities in Hubei Province. "You have not heard this in the news — and given the size of Wuhan, with its population of 11 million, it is not known even to many of the residents — but within days thousands upon thousands were infected and before long they suffered the agonising deaths that I have already described. Within a week, there were so many corpses that we did not know what to do with them, so we ordered the surviving social credit prisoners to drive the bodies into the countryside and bury them in mass graves. But it was very difficult to keep this activity secret, and we could not even keep up as there were so many corpses. We planted a story that five million residents had "fled" Wuhan. In reality, of course, many of those people had died from the Agent. "I was working around the clock helping to orchestrate this cover-up. When I think back to my actions now, I feel great shame. At the time I still believed that I was fighting for my motherland and that the rule of the Party was right and just. But deep down, I had already begun to have doubts. "My faith in the Party was shaken even more deeply when I learnt what had happened to "Dr Li Wenliang. He was one of the few doctors who refused falsely to diagnose flu patients with the "coronavirus". As a punishment, he was sent to help transport dead bodies to mass graves. The expectation was that he would be infected with the Agent and die an agonising death, but to our great surprise, he did not contract the illness. "You have of course read that he died of "coronavirus". You have been misinformed. A sergeant of the People’s Armed Police injected him with a mixture of heroin and mercury that caused his lungs to deflate. "When I found out about this I became unsure whether or not I was doing the right thing. While I believe that it is appropriate for a government to rule with a severe hand, I do not think that it was right to kill Dr Li. He was a compassionate and kind man and he cared about his patients; how can our motherland not benefit from having such a doctor? "I shared my concerns with my wife, but she convinced me that I should not say anything to my superiors. She said that it was too dangerous; that they valued loyalty above everything else; and that I would only find trouble if I admitted to my doubts about their practices. She also pointed out that we benefited from priority medical treatment. As senior officials, we received regular supplies of the highly-sophisticated hazmat masks that are the only known technology that can prevent infection. She implored me to think of our son, who is still small. If I spoke out and were caught, our lives would be at risk. "Around the same time, it became clear that the Agent was entirely beyond our control. It was spreading like wildfire throughout Hubei Province and beyond, infecting tens of millions and causing them all to die. "I understand that what I just said is difficult to believe, because you have been told that there have been only about 50,000 infections, and far fewer deaths. But these are the influenza infections that have been falsely passed off as the non-existent "coronavirus". The Agent is far, far more contagious than that, and its fatality rate, unlike the "coronavirus", is not 2%. "No, its fatality rate is 100%. Nobody recovers from it. Everybody who contracts it dies. "And a lot of people are contracting it. Hubei Province lies in ruins. The various travel restrictions and lockdowns that have been imposed were not created to stop the spread of the Agent — none of them can stop it, not embargoes, not face masks or hand sanitiser — but to stop the survivors from seeing the catastrophe with their own eyes. "I am part of the greatest cover-up in human history: the hiding of the deaths of tens of millions. Very soon, Hubei Province will be no more than a giant mortuary, and the truth will come out. "For me, the turning point came when the Party told yet another lie, and that lie was too "dreadful even for me to accept. You may have heard that China built a new hospital, called Huoshenshan Hospital, in Wuhan, in order to provide additional quarantine and isolation facilities for infected patients. You may have heard that they built it in only ten days. "That too is a lie. "Sure, they did build something in six days. But it was not a hospital. The true nature of the building was top secret. Initially, I was naive enough to believe that the Party was demonstrating its compassion and care for the people. But then my superiors sent me to Huoshenshan. I was shown around the installation by a military police officer called Corporal Meng (this is not his real name). It was there that I saw the truth. "As I have mentioned, the only way to protect oneself from the Agent is by wearing a special protective mask that is entirely unlike those available commercially. Even medical professionals do not have access to it. It is available only to biomedical warfare researchers and it contains extremely advanced technology. "These masks need to be kept at a particular temperature to offer full protection, and lose their effectiveness very quickly. As I have also already said, one of the benefits of my position was that both my family and I had access to regular supplies, which is why were safe when compared to civilians, doctors and even lower-level government officials, all of whom wore utterly ineffective surgical masks in the misguided belief that they would protect them. "And so, wearing this special equipment, I went to Huoshenshan with Corporal Meng. "Whatever you want to call that place, it is not a hospital. Sure, the entrance looks like a hospital and in the ward at the front of the complex, there are what appear to be normal medical beds. There, thousands of infected patients lie, all of them in the early stages of the disease. I walked along those long, white corridors next to Corporal Meng, his angular face dispassionate in his military fatigues, and saw hundreds upon hundreds of identical hospital beds on which squirmed the terrified and diseased inhabitants of Wuhan. Their cries and pleas haunt me in the long nights in which I now am unable to sleep. "But this was merely the beginning. Eventually the Corporal took me to the rear of this front section. There, locked metal gates led to what he called the "middle section". The patients in the front are unaware of its existence. It is there that the more advanced cases are kept, in what most closely resembles a mental asylum. "Immediately upon entering this part of Huoshenshan I was struck by the dim lighting and stench of vomit and human waste. Here the unfortunates roamed freely, their minds gradually disintegrating in endless panic attacks and psychotic episodes. Here too there were no more doctors, merely gorilla-faced men in black uniforms who belonged to some secret branch of the military police I had never heard of. "They appeared to have been selected for their cruelty, for they beat and degraded the patients in the most sadistic manner. Many of the inmates had regressed to childlike states and lay on the floor weeping like infants and begging for compassion that they did not receive. There was cruel pleasure in the eyes of these thugs as they brutalised the unfortunates. They beat them with batons, sprayed pepper spray into their eyes and kicked them with their steel-capped boots. As I was from military intelligence, the guards did not even attempt to hide their activities. They even invited me to join; in every way, they treated me as one of them. "Yes, one of them. I stood in the grey staff bathroom of Huoshenshan and looked into a cheap mirror and asked myself — is this really what you are? Are you really like them? "But the violence was not merely an expression of sadism, for the poor inmates were not there to be cared for. "They were there to work. "There was one more set of doors, and beyond them lay what the Corporal called the "Core". And it was there that I saw it — piles and piles of dead bodies, stacked on top of one another all the way to the ceiling. There were men, women and children, elderlies and toddlers, rich and poor, beautiful and misshapen, proud and humble. "They were all of them dead. Our Agent made no distinction between any of them. "I gasped when the Corporal led me to the Core. I cannot count how many there were, but it was many, many thousands. And in the midst of the piles of corpses was a kind of path, and I heard a roaring sound in the distance. The miserable patients from the middle section picked up the dead and carried and dragged them away into the dark, even as the guards beat them with truncheons. "It took me a little while before I grasped what was happening. I simply could not believe what lay at the end of that path in the Core. "It was an enormous furnace, with great fires roaring within. "One by one, their minds destroyed and their bodies twisted, the dying men and women carried the corpses to the furnace and cast them inside in a doomed attempt to hide the dreadful truth. I saw several of them collapse from exhaustion only for their lifeless bodies to be added to the mountains of corpses on both sides. In a seemingly endless line they went, their emaciated bodies clad in grey overalls, their backs bent under the weight of their dreadful cargo. Many howled and groaned in terror and their voices joined in a sorrowful cacophony that lingered over the roar of the fires. "In deep shock, I stared at the boundless horror before me. Beside me stood Corporal Meng, his freshly-shaved face as emotionless as before. When I turned to face him, he looked at me. His mouth smiled, but his eyes did not. "We use the energy to operate Huoshenshan," he said. "We save the state considerable resources in this way. And look," — he waved at the gallery of the dead — "there are so many of them here. You could almost describe it as renewable energy." He laughed and waved his hand in a strangely camp gesture. "I stood speechless and stared at the infernal scenes before me. Men in black uniforms screamed like daemons at the wretches who were disposing of the corpses for them. They stripped the dead of anything that had value — jewellery, cash, expensive clothing — and tossed these items onto an enormous pile next to the furnace. When I asked the Corporal what would be done with the items, they said that they would be used to pay for the "healthcare expenses" incurred by the patients’ stay in Huoshenshan. "I vomited in the toilet. When I flushed and came out of the stall, Corporal Meng stood by the door and looked at me. His face was as blank as before, but in his eyes I thought I registered a very faint trace of contempt. You are ten years my senior, the look said, but you are soft. "I thanked him for his service and went home. "When I arrived, I saw that I had received hundreds of updates on the encrypted device the Party uses to communicate to insiders. The news were unimaginably grim. The State Legal and Economic Commission had allocated funds for the construction of dozens of facilities like Huoshenshan all throughout China. The Agent had spread not only to every single province of the motherland, but to most other nations in the world. Fortunately, we had agreements in place with other governments — they agreed to pretend that the infections were due to a coronavirus. They were just as worried as we were that a panic might break out in their countries. The Americans in particular were terrified that the S&P 500 might decline. This, they said, would be unacceptable in an election year, so we could count on their full support. "Of course the World Health Organisation also helped us. For a long time, the only issue with the WHO has been that we have been locked in a contest with the Americans about who bribes them more. They released all sorts of sophisticated misinformation about having decoded the DNA of the so-called coronavirus. All this has allowed us to stave off a global panic. "For now. "Yet the situation was worsening with astonishing speed. I am reluctant to reveal too much on this point, as it would make it too easy for my enemies to identify me, but we quickly began to implement measures to protect our most senior leaders. If you look at the world news, you will see that Xi Jinping, our President, disappeared for approximately one week after the outbreak, before being seen again with the leader of Cambodia. "You should know that the person who met the Cambodian leader was not President Xi. It was a body double who had, for many years, been trained to look and sound just like our President. President Xi is of course not careless enough to risk his own death. He is safely ensconced in a secret bunker underneath Zhongnanhai, the headquarters of the Party in Beijing. "Nor was he the only leader who is in hiding. In fact, I can assure you that over half of all senior Party members are currently being imitated by trained actors who are following instructions given to them via special implants. Do you really think that our Prime Minister would risk his life by going to Wuhan? All of this means that our government has become utterly paralysed and the functions of the state have been taken over by the military. "It became clear to me that our efforts were pointless. Yes, the lockdowns, travel bans and targeted assassinations of rebellious journalists allowed us to hide the true situation in Wuhan; but I knew that this would not last. Once the mass deaths begin in the rest of the world — in our estimation, this should happen within the next week or so — everyone will know the truth. It will become clear that we cannot protect ourselves from the Agent. Surgical masks, hand sanitiser, gloves — nothing can stop it. Nothing except the special hazmat masks, but those cannot be produced in anything like sufficient quantities. You, an ordinary person, will never even receive one, let alone a sufficient number to see you through the coming holocaust. "For those of you reading this, therefore, all I can suggest is that you keep your loved ones close to you. Hug them, tell them what they mean to you. Enjoy the time you have left with them. It is not typical in Chinese culture to express one’s feelings in this way, but I have learnt the importance of such gestures. "I promised my wife that I would show this document to her before I posted it. "Yet I broke my word. "I hear her weep in loud, hoarse sobs in the bedroom, and the keyboard of my laptop is wet with my own tears. Not long ago, we received results of the regular tests that are part of our "priority medical treatment", and we learnt that my son had been infected with the Agent. "The military police that has supplied me with the special protective mask had been giving expired and ineffective masks to my son, masks that senior officials had already worn and then discarded when they ceased to protect them. My own masks, on the other hand, had always been of the necessary quality. "I suppose they decided that my son was of lower priority than me. I suppose my son could not help them with their cover-up. "We had long ago decided that we would be different — we would be honest with him, always. And so when he asked us, we told him the truth. We told him that he was very sick. He asked more, and we told him he would not get better. "He continued asking, and we told him that he would die. He is very small, but he was old enough to understand. "His terrified wails will haunt me for the rest of my miserable days in this world." I am inclined to believe that the story is true. Recently the Chinese have declared that they have completely wiped out the coronovirus and that the hospitals they had 'constructed in just 10 days' have also been destroyed (the, so called hospitals with the front facade of a hospital, but inside were the dead bodies of victims of the invisible and odorless gas) after disposing off the dead bodies. I am really scared of the governments internationally working behind the curtains. more  

Advisable to go through the Agreement, in-between lines..... more  

Please review your contract - normally force majeure can only be invoked by the Supplier to get the customer to condone delay in supply ... it is NOT something the customer can invoke to revoke the supply contract. Whether or not Covid 19 is a force majeure situation, and it certainly is, it cannot be used by a customer to reject supply of goods or services if provided by the vendor. more  

Unless, what you are selling is food items. Is 'outbreak of an epidemic' is covered in your force majure clause? Rest of the comments I stand by Mr Bharat Mittal's comment - what he has explained above. more