Joke Collection Website - Blessing messages - What does it mean to inform the customer to pick up the goods by himself due to force majeure?
What does it mean to inform the customer to pick up the goods by himself due to force majeure?
Logistics reminds consumers that we must enhance the risk awareness of force majeure. Force majeure is caused by both natural causes and human and social factors.
The former are earthquakes, floods and droughts, while the latter are wars, government bans and strikes. Force Majeure means that after the signing of the sales contract, events that cannot be foreseen, avoided and overcome by both parties at the time of signing the contract are not due to the fault or intention of one party, so that the contract cannot be performed or can not be performed as scheduled.
On this basis, the party suffering from force majeure can be exempted from the responsibility of performing the contract or postpone the performance of the contract, and the other party has no right to claim compensation.
Extended data:
The so-called force majeure refers to the objective situation that cannot be foreseen, avoided and overcome when concluding a contract. Including natural disasters, such as typhoons, earthquakes, floods and hail; Government actions, such as expropriation and requisition; Social anomalies, such as strikes and riots.
The event referred to by force majeure must be unforeseeable by both parties at the time of conclusion of the contract, and it is purely accidental after the conclusion of the contract.
Of course, this kind of sudden accident is not an event that the parties can't imagine completely, and some accidents are not completely unpredictable by the parties. However, due to the extremely small probability of its occurrence, it is ignored by the parties and excluded from the normal situation. However, as a result, this accidental event really appeared, and this kind of event is still an unpredictable event.
Under normal circumstances, there are two different standards to judge whether it can foresee an event:
One is the objective standard, that is, under certain circumstances, the parties to a contract should foresee what the average sane person can foresee. If the foresight of such an event requires certain professional knowledge, then the parties to the contract should foresee the event as long as people with such professional knowledge can foresee it.
The second is subjective criteria, that is, under certain circumstances, according to the subjective conditions of the actor, such as the age, development, knowledge level, professional status, education level and comprehensive ability of the parties to the contract, to judge whether the parties should foresee.
References:
Baidu encyclopedia-force majeure factors
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