Section XXXII. Force Majeure Art. 85 85.1 The clause of force majeure of the International Chamber of Commerce, in force at the date of con...
Section XXXII. Force Majeure Art. 85 85.1 The clause of force majeure of the International Chamber of Commerce, in force at the date of conclusion of the contract, shall be an integral part of the present Rules. 85.2 The party invoking the clause of force majeure shall notify the other party, as soon as possible and by telecommunication, of the impossibility of fulfilling its obligation, indicating the reasons. If the notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, this party is liable for damages resulting from such non receipt. If the event of force majeure lasts longer than 2 months, both parties will be entitled to dissolve the agreement. In that case, neither party will be required to pay any damages to the other party. Section XXXII. Compensation 86
.1 The Parties are required to limit as much as possible the damage with regard to the products delivered about which a complaint is filed to the Seller. 86.2 The amount of compensation cannot exceed the invoice value of the consignment plus justified, direct and documented costs (costs resulting from the shipment and return of the seeds including customs duties when these cannot be refunded), unless the Arbitration Tribunal decides otherwise. Section XXXIII. Dispute Resolution Art. 87 87.1 Any dispute, controversy or claim arising out of or in connection with transactions started or concluded on the basis of the present Rules, or the breach, termination or invalidity thereof, can be settled amicably or by mediation and conciliation as provided for in the ISF Procedure Rules for Dispute Settlement or by binding arbitration in accordance with the ISF Procedure Rules for Dispute Settlement, with the exclusion of ordinary judicial procedure. 87.2 Application for arbitration written in English shall be made in conformity with the provisions of the ISF Procedure Rules for Dispute Settlement and no later than 365 days after the first communication between the parties concerning the dispute, except if arbitrators decide or parties have agreed otherwise.
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