17.1 Suspension of obligations

Neither party is liable for failure or delay in performing its obligations, other than an obligation to pay money already due, where that failure or delay results from an event beyond its reasonable control.

17.2 Events covered

Such events include, without limitation:

•  act of God, flood, drought, earthquake, cyclone, extreme weather or other natural disaster;

•  epidemic, pandemic, quarantine or public health emergency, and any government measure taken in response;

•  war, armed conflict, terrorism, civil unrest, riot or threat of any of them;

•  crop failure, blight, pest infestation, or failure of the potato, vegetable or other agricultural raw material harvest;

•  any law, order, embargo, sanction, export or import restriction, or refusal or revocation of a licence or permission by any authority;

•  port closure, port congestion, vessel rollover, container or reefer equipment shortage, blank sailing or carrier failure;

•  interruption or failure of power, refrigeration infrastructure, cold storage capacity, fuel supply or utilities;

•  strike, lockout or industrial action, whether at our facilities, our suppliers', or in the transport or port sector;

•  fire, explosion, plant breakdown, or accident causing damage to production or storage facilities;

•  collapse of a building, or failure of telecommunications or information technology infrastructure.

17.3 Procedure

The affected party notifies the other in writing as soon as reasonably practicable, describing the event and its likely effect and duration. It uses reasonable endeavours to mitigate the effect and resumes performance as soon as the event permits. Obligations are suspended for the duration of the event, and the time for performance is extended accordingly.

17.4 Prolonged events

Where a force majeure event continues for more than sixty consecutive days, either party may terminate the affected order by written notice, without liability, save that the buyer remains liable for goods already despatched and for irrecoverable costs already incurred on its behalf, including custom packaging and product produced to its specification.

17.5 Allocation

Where a force majeure event reduces our available supply, we may allocate available product between our customers on a fair and reasonable basis, and we are not liable for any resulting shortfall.