About inadmissibility of abuse of force-majeure notices

 

Due to an increasing number of force-majeure notices from our suppliers, R&P POLYPLASTIC reminds its partners, that:

1. Force-majeure includes only emergency situations beyond somebody’s control appearing during fulfillment of contractual obligations. Such circumstances could not have been reasonably foreseen at the signing of the contract.
2. Force-majeure must be formally confirmed by a certificate issued by the country’s Chamber of Commerce or any other duly authorized authority. Only in this case force-majeure circumstances are deemed to be proved.
3. With this notice R&P POLYPLASTIC informs its suppliers of the requirement to attach official confirmations to letters of force-majeure. In other cases, we will not recognize such letters as notifications of force-majeure. Supply restraints will be considered as breach of contractual obligations.
4. R&P POLYPLASTIC is aware of the current situation with supplies of polymeric raw materials. But all the same, we urge our partners not to abuse declaration of force-majeure as logistical challenges, crisis financial and economical situation and fall of production levels does not constitute circumstances of force-majeure, which is expressly stated in the contracts. In the event such abuse is discovered R&P POLYPLASTIC reserves the right to implement any available judicial and media tools to bring such situations to the notice of official authorities and general public.
5. Being the leader of Russian polymer industry and the supplier of a number of large Russian and international manufacturers of automobiles, household appliances, construction materials and cables R&P POLYPLASTIC despite unbiased difficulties does not disengage itself from any contractual obligations and does not declare force-majeure. We call upon all participants of the supply chain to make every effort to fulfill their contractual obligations to business partners.