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.