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Editor's Note: This Notice communicates the inability of a supplier to provide products for a period of time due to the novel coronavirus pandemic, and requests that the counterparty enter into an amendment of the contract deadlines so that the supplier may avoid breaching the contract.
FORM OF PANDEMIC FAILURE TO PERFORM NOTICE
Re: Supply Agreement dated [Date]
Ladies and Gentlemen:
[We are writing to confirm the message conveyed in a [Telephone Call or E-Mail] on [Date] to your [Name or Title].]
Please be advised that, due to the spread of the novel coronavirus disease (Covid-19) and its impact on the businesses that supply critical [parts or raw materials] to us, we are currently behind schedule in being able to meet the [Product] demands of our Supply Agreement with you. As a result of these interruptions, which require us to arrange for alternative supplies and which are beyond our control, we request an amendment to our Supply Agreement [in the form attached], so that we may be given additional [number of days/weeks] [for each delivery deadline] in order to fully perform our obligations under the agreement.
Comment: This sample assumes that the agreement at hand does not contain a force majeure provision that the supplier can invoke. There are potentially a number of other defenses beyond force majeure that the supplier may raise. See Overview - Beyond Force Majeure – Other Defenses to Pandemic Performance Failures.
At this time, we anticipate that we will be able to resume delivery of [Product] by [Date]. However, this resumption to normal supply is dependent on our ability to successfully make arrangements with new [describe critical supplies/raw supplies] suppliers. We will provide updates regarding this situation [At Regular Intervals].
Comment: It is in the best interest of the parties to engage in frequent communication regarding the status of the affected party's performance and alternative arrangements.
Please direct any questions about this matter to [Name].