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Non supply of ordered item by vendor whose plant is located in nepal

(Querist) 28 December 2015 This query is : Resolved 
We have placed an order on a vendor whose factory is located in Nepal.The vendor is not able to supply the ordered items owing to current political situation in Nepal.
Can we do risk purchase and debit the cost from the vendor's security deposit or the vendor can claim benefit of Force Majeure condition.
The Force Majeure clause is not mentioned in the agreement signed with the vendor
Devajyoti Barman (Expert) 28 December 2015
Do not punish the supplier for the fault which is not his own. Rather negotiate and adjust with him.
Sheep (Querist) 28 December 2015
My request is to know the legal position in this case since Force Majeure clause is not mentioned in the Order.Can the vendor claim exemption as per law.
Expert view has been requested since my decision is auditable and complete justification is required.
ADV-JEEVAN PATIL, MUMBAI (Expert) 29 December 2015
To purchase again against order not received is little risky.However u caused loss, u may claim damage then
Rajendra K Goyal (Expert) 29 December 2015
If risk purchase and debit the cost clause is part of agreement, you can proceed.


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