Contracts: Force Majeure
If you are currently being served by a third party supplier you have a "Force Majeure" (superior force) clause in your contract. This clause releases both parties from the expectation of consumption and supply in the event of natural disasters like hurricanes or earthquakes.
Third party suppliers do not own the assets required to deliver electricity or natural gas and therefore can not accept the liability for a failure to deliver during a Force Majeure event. On the customer side during a Force Majeure event the business is released from the liability of out of bandwidth consumption.
If your business or property has been affected by Hurricane Irene call your supplier to discuss your situation and when you expect to operations to return to normal. This phone call will help the supplier balance the deliveries to the distribution system during the upcoming days.
If you would like help in interpreting your contract contact Howell Energy Consulting at 860-205-3863 for a free contract review.
|