Against a backdrop of rising commodity prices and shortages that have seriously affected the operating conditions and economic balance of several business sectors, the French State published a circular on 29 September 2022 (with immediate effect) allowing buyers to derogate from certain contract clauses.
In order to overcome supply difficulties and avoid undermining future purchases, several derogatory clauses can now be included in contracts:
- Adjustment of prices: in the event of the parties’ exposure to uncertain economic conditions (prices affected by the price of raw materials, for example). This particularly concerns works and supply contracts.
- Amendment of financial clauses: replacement of a material with an equivalent material when the former has become either too expensive or cannot be found; adjustment of the performance conditions and lead times.
- Freezing of penalties and the possibility of terminating the contract are also proposed, insofar as this possibility does not lead to any discomfort for users.
All these measures are applicable as of 1 October 2022. For any questions regarding the concrete implementation of these measures and for any assistance, please contact