Force Mejure
Force Mejeure
Force Majeure Policy for Atlantis Logistics:
1. Purpose
The purpose of this Force Majeure policy is to outline Atlantis Logistics’ approach in the event of unforeseeable circumstances beyond the company’s control that prevent the fulfillment of contractual obligations. This policy applies to all operations within India and international transactions involving the Indian business units.
2. Definition of Force Majeure
Force Majeure refers to any event or circumstance that is unforeseeable, unavoidable, and beyond the reasonable control of Atlantis Logistics. These events or circumstances may include but are not limited to:
- Natural Disasters: Earthquakes, floods, cyclones, tsunamis, landslides, or other extreme weather conditions.
- Government Actions: Changes in laws or regulations, expropriation, nationalization, or government embargoes.
- Acts of War or Terrorism: War (declared or undeclared), riots, civil disturbances, insurrections, acts of terrorism.
- Strikes and Labor Disruptions: Bandhs, labor strikes, lockouts, or other industrial actions that disrupt operations.
- Pandemics or Epidemics: Outbreaks of diseases, health emergencies, or government-mandated shutdowns (e.g., COVID-19 lockdowns).
- Disruptions in Transportation or Communication: Blockage of roads, railways, ports, or airports, or communication failures due to external causes.
- Any Other Event: Any other unforeseen or uncontrollable event as defined under applicable Indian law.
3. Impact of Force Majeure on Atlantis Logistics’ Operations
In the event of a Force Majeure occurrence, Atlantis Logistics may be unable to fulfill contractual obligations, including but not limited to:
- Shipping Delays: Delays in transportation or delivery of goods due to port or customs closures, road blockages, or transportation disruptions.
- Warehousing Disruptions: Inability to store or handle goods due to the closure of facilities or damage caused by a Force Majeure event.
- Service Interruptions: Inability to provide logistics, shipping, or customer support services due to communication outages or workforce unavailability.
4. Responsibilities and Obligations
a. Notification
Atlantis Logistics will notify its clients, partners, and stakeholders of the occurrence of a Force Majeure event as soon as possible. The notification will include:
- A description of the event.
- The anticipated impact on contractual obligations.
- The steps being taken to mitigate the disruption.
b. Suspension of Obligations
Upon notification of a Force Majeure event, Atlantis Logistics will be entitled to suspend the performance of affected contractual obligations for the duration of the event. This suspension will not result in any breach of contract or liability for damages during the period of Force Majeure.
c. Mitigation
Atlantis Logistics will make all reasonable efforts to mitigate the impact of the Force Majeure event, including:
- Seeking alternative shipping routes or methods.
- Engaging third-party service providers if possible.
- Communicating with government authorities to facilitate the continuation of operations.
5. Limitations
Force Majeure shall not include:
- Situations caused by negligence or failure to take reasonable care.
- Economic hardship, market fluctuations, or financial inability to perform obligations.
6. Termination of Force Majeure
Once the Force Majeure event has ended, Atlantis Logistics will resume its contractual obligations as soon as reasonably possible. In the event that a Force Majeure event continues beyond a reasonable period, either party may seek to terminate the contract without further liability, provided that the other party is given sufficient notice.
7. Governing Law and Jurisdiction
This Force Majeure policy is governed by and construed in accordance with the laws of India. Any disputes arising from the application of this policy will be subject to the exclusive jurisdiction of the courts of [City, India].
8. Conclusion
Atlantis Logistics is committed to minimizing disruptions during Force Majeure events. However, when such events occur, this policy ensures that all parties are aware of their rights and obligations, maintaining transparency and cooperation during challenging times.