The First Demonstration Of Force Majeure In Shaoxing Textile Industry
On the afternoon of February 3rd, the Shaoxing City Council for trade promotion issued the first certificate of force majeure of Shaoxing's first coronavirus pneumonia to Zhejiang Kell Hai knitting garments Co., Ltd., which helped enterprises to minimize the responsibility of failing to fulfill the contract because of the epidemic situation and to safeguard the legitimate rights and interests of enterprises.
It is reported that the company customized 200 thousand sets of work clothes for the international fast food chain brand Burger King North America new store, affected by this epidemic situation, unable to deliver products to overseas customers on time. If we fail to provide timely legal proof that the reason for the contract can not be fulfilled, the enterprise should not only bear the direct contract losses worth tens of millions of dollars, but may also be recovered due to more losses caused by the other party's failure to start using the uniform on schedule. The impact of goodwill is immeasurable.
The company applied for certification of force majeure and provided relevant materials on the online certification platform of the China Council for the promotion of trade in the morning of February 3rd. Through online submission and online examination, after the certificate was made by the Council, it was sent back to the company by express delivery on the same day.
In order to help enterprises effectively cope with the adverse effects of the epidemic and provide more convenient services for enterprises, China Council for promotion and development (CCPIT) has reformed the certification platform (www.rzccpit.com/) since January 26th, adding the online application function of force majeure proof. The fact proof of force majeure belongs to the factual proof behavior in the field of commercial proof. It refers to the proof that the CCPIT and its authorized sub branches and the claimants should apply to the applicant for the facts related to the force majeure. After the issue, the parties may be partially or totally exempt from performing the obligations of not performing, performing and performing the contract. The fact proof of force majeure has been recognized by governments, customs, chambers of Commerce and enterprises in more than 200 countries and regions all over the world.
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