The following cases of force majeure are assimilated by contract and constitute grounds for cancellation or suspension of quadrimex chemical`s obligations, without the buyer resorting to them: accidents affecting the production and storage of products at sellers or suppliers, total or partial cessation of the supply of raw materials or energy to its sellers or suppliers, in particular the failure of the carrier, fire, flood, material damage, total or partial strike, injunctions of the authorities, faults of third parties, war and any external event that delays or hinders the performance of the obligations of QUADRIMEX CHEMICAL or makes economically exorbitant the performance of these obligations. This list is neither exhaustive nor exhaustive. Product specifications are subject to change without notice. For more information, see the Change Control Agreement. Among our main product markets are pharmaceuticals, agrochemicals, detergents, photography, body care, food and perfumes, all highly regulated industries that are characterized by a high demand for quality and consistency. The products in our wide range are available in all areas, from antibiotics and market-leading high blood pressure medicines to photo paper and salted potato chips and vinegar. The parties shall endeavour to reach an out-of-court settlement prior to the appeal. In the absence of an amicable settlement within a reasonable time, the parties undertake to mediate with the economic mediator: www.economie.gouv.fr/mediateur-des-entreprises CONSIDERING that SunPower wishes to ensure long-term delivery of the product (as defined below) and agrees to this effect SunPower to pay a DCC deposit (as defined below) for the product to be delivered by DCC, which will commence once the facility is scheduled for December 31, 2007 or around December 31, 2007; and these conditions of sale, the order accepted by QUADRIMEX CHEMICAL in writing and all other documents issued by QUADRIMEX CHEMICAL that are relevant to the subject of the contract, including, for example, special conditions, constitute the contract, to the exclusion of any other document issued by QUADRIMEX CHEMICAL and which have only an indicative value. Any modification or cancellation of the order desired by the buyer must be expressly approved by QUADRIMEX CHEMICAL. Such a request from the buyer can only be taken into consideration if it reaches QUADRIMEX CHEMICAL at least seven (7) days before the shipment of the goods. After the production of 3 batches, SunPower converts them into ingots for evaluation, and then the parties may, by mutual agreement, modify these specifications in writing.
(b) Delivery, cancellation and modification by the customer – The products are shipped to the destination indicated by the customer, F.O.B. The seller has the right, after his choice, to make partial deliveries of the products and to invoice each shipment separately. . . .