"FTG shall be entitled at its discretion to withdraw from or modify the offer (including price, payment terms, delivery time or other terms and conditions) at any time prior issue order confirmation"
The Customer acknowledges and agrees that the outbreak of Russia’s war against Ukraine of February 24, 2022 (“War”), trade sanctions, export control or other similar regulations or restrictions, including but not limited to such which apply to Russia, Belarus or other applicable countries, Russian, Belarussian or other counterparties, product end-users, their owners or related parties, the products or services sold or their end-use or to financing, payments or other financial or other restrictions related to the sale or should the sale otherwise become adversely affected by such regulations or restrictions imposed by various countries as consequences thereof (“Trade Restrictions”) and current world’s uncontrollable nature has resulted in an exceptionally unpredictable business and operational environment where the normal execution and performance by FTG of its obligations may be materially adversely affected for reasons beyond FTG's control. Therefore, the Parties have agreed (irrespective of whether or not the circumstances have directly or indirectly arisen out of or in relation to outbreak of War or Trade Restrictions) that FTG shall (i) not be liable for any delays under this Agreement and/or (ii) be entitled to compensation of increased costs (compared to as sold vs as completed delivery cost calculation) attributable to, among other things, to the following
(a) any adverse effect on the supply of labour, equipment, components, energy, electricity, networks, services or materials required for the execution of this Agreement
(b) any local and global supply chain disruptions including but not limited to shortage or unavailability of trucks, vessels, flights, fuel or otherwise limited access to transportation
(c) any recommended or mandatory governmental or international export control, trade sanctions or other similar laws, regulations or measures enacted or introduced preventing, limiting or restricting Contractor’s performance under this Agreement
"Should the sale or other related transaction be or become subject to mandatory trade sanctions, export control or other similar regulations or restrictions, including but not limited to such which apply to Russia, the Russian counterparties, product end-users, their owners or related parties, the products or services sold or their end-use or to financing, payments or other financial transactions related to the sale or should the sale otherwise become adversely affected by such regulations or restrictions, the Seller shall have a unilateral right at its discretion to terminate the Contract, in whole or part, with an immediate effect by giving a written notice of termination to the Buyer. The Seller shall be entitled to the compensation of all costs and expenses incurred or to be incurred by it and its subcontractors or vendors in relation to the Contract prior to and/or due to termination plus a reasonable mark-up thereon. The Seller shall be entitled to cover the aforesaid amounts from the payments received from the Buyer.
"FTG reserves the right at any time before the Delivery to adjust the Price to take into account any increase in the cost of raw materials, components, labor or transport, or any currency fluctuations, increases of taxes or any other matters affecting the cost of BSG to produce, manufacture or deliver the Equipment or perform the Services. Furthermore, BSG shall always have the right to change the contract price with immediate effect if such change is due to a modification of the Equipment or Service required to comply with any law, act, regulation or decision by courts or other authorities or for safety reasons."