Force Majeure Clauses Recommended for Inclusion in Foreign Trade Contracts

Example of a Detailed Clause on force majeure:
"The Parties shall bear no responsibility for any complete or partial failure to fulfil the contractual obligations, if it‘s been caused by an "insurmountable force" (force majeure)."

An "insurmountable force" (force majeure) means a circumstance (event) of an extraordinary nature, which occurred after concluding the Contract, was impossible to predict and did not depend on the goodwill of the Parties, for instance: fire, industrial accidents, military actions, natural disasters – storms, torrential rains, floods, hail, earthquakes, iced-up areas, drought periods, landslides and other acts of God, embargoes, government bans, strikes, riots, disturbances, etc.

The Party, which became incapable of fulfilling its obligations due to the occurring force majeure circumstance, shall be obliged, within 10 days, to inform the other Party in writing about the occurrence of the force majeure and about the supposable period of duration and ending of the force majeure circumstance.

Any "insurmountable force", which has occurred, shall be certified by a Force Majeure Certificate, issued by the Bulgarian Chamber of Commerce and Industry.

Example of a Short Clause on force majeure: "Either Party shall be absolved of the responsibility for any complete or partial failure to execute the Contract, if it’s been caused by an "insurmountable force" (force majeure) and the Party in question has notified the other Party thereof and presents a Force Majeure Certificate, issued by the Bulgarian Chamber of Commerce and Industry."