Original article published only in Chinese
Below is a machine-translated version
On the morning of February 2nd, the China Council for the Promotion of International Trade issued the country’s first factual certificate of force majeure of a new type of coronavirus pneumonia to an auto parts manufacturing company in Huzhou, Zhejiang Province, helping enterprises to minimize the responsibility of failing to perform the contract due to the epidemic situation, and safeguarding the legitimate rights and interests of the enterprise.
It is reported that the company is a supplier of steering gear casings for the French factory of Peugeot in Africa. Due to the impact of this epidemic, it was unable to deliver products to overseas customers on time. If the legal proof of the failure to perform the contract cannot be provided in time, the enterprise not only has to bear direct contract losses worth 2.4 million yuan, but may also be recoverable due to the suspension of the production line of the other party for about two weeks and the damage to goodwill. It is even more immeasurable.
The company applied for factual proof of force majeure on the online certification platform of CCPIT on February 1 and provided corresponding materials. After online submission and online review, the company received the certificate on February 2. Force majeure factual proof is a factual proof act in the field of commercial proof, which refers to the application by the CCPIT and its authorized branches and branches to prove the facts related to force majeure. Relieves of non-performance, incomplete performance and delayed performance of the contract.
Yan Yun, deputy director of the CCPIT Commercial Certification Center, said that force majeure factual proof has been recognized by governments, customs, chambers of commerce and enterprises in more than 200 countries and regions around the world, and it has a strong enforcement force outside the region. In order to help enterprises effectively respond to the adverse effects caused by the epidemic situation and provide more convenient services for enterprises, the China Council for the Promotion of International Trade (CCPIT) has reformed the certification platform (http://www.rzccpit.com/) since January 26, adding new fact-proven Online application function. In addition, nearly 1,000 companies have conducted online consultation with CCPIT for factual proof of force majeure.
According to international trade practices and the “Promotions of the China Council for the Promotion of International Trade”, the CCPIT can issue force majeure certificates. Affected by the new coronavirus-infected pneumonia epidemic, enterprises that are unable to perform on time or fail to perform international trade contracts can apply to them for factual proof related to force majeure to reduce losses.