Supply Agreement Italiano

Anglo-Saxon legal orders, and in particular the courts, rarely recognize force majeure as a defence against a breach of action and generally interpret force majeure clauses quite strictly. On the other hand, in the past, Chinese courts have interpreted the notion of force majeure with great generosity and have even sometimes considered payment problems (partly self-inflicted) as a case of force majeure. Tokyo, Japan, Feb. 27, 2020/PRNewswire/ — Sungrow, the global leader in inverter solutions for renewable energy, has signed a 100 MW agreement with renowned Japanese group YUASA on the distribution of global photovoltaic and energy storage solutions throughout Japan during World Smart Energy Week 2020, expanding its market position in the development of renewable energy and the decarbonization of the local economy. The assessment of the legal impact of the coronavirus pandemic on international delivery contracts depends, on the one hand, on the law applicable to the delivery contract and, on the other hand, on the provisions made on a case-by-case basis in the relevant contract. Many international supply contracts contain so-called force majeure clauses which, in the event of force majeure, regularly suspend contractual obligations. In the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG), these cases are resolved in accordance with the rules of exemption provided for in Article 79 CISG. When assessing the legal impact of the coronavirus pandemic on international delivery contracts, UN sales law in principle provides for no-fault liability on the part of the seller. In principle, therefore, the seller`s liability does not matter whether or not he is responsible for improper filling or not. In order to mitigate this legal consequence, Paragraph 79 ciSG provides for an exclusion of liability, so that a party is not held liable for non-compliance with any of its obligations where it demonstrates that the non-compliance is due to an obstacle that is not within its influence and that it was not reasonably possible to expect that it had taken into account or avoided the obstacle at the time of the conclusion of the contract or that it had overcome it or has overcome its consequences. An exemption under Paragraph 79 of the CISG is therefore possible for events occurring after the conclusion of the contract which, as a result of a case of force majeure, have an external influence on the performance of the debtor and are therefore not represented by the debtor. In the goods and supplies sector, in the short term, force majeure clauses have been established in supply contracts, which regulate unforeseen events and the resulting interruptions in the supply chain.

This avoids disputes or the risk of interpretation. Such a clause should replace existing positive law. While the first part of the clause regularly contains a definition of force majeure, the second concerns the legal consequences envisaged. These may vary in scope and may include, for example, a right of withdrawal or termination, a right of temporary suspension of delivery, an exclusion of liability for damage, the possible granting of additional time or the obligation to negotiate and sign ancillary agreements. . . .