Adani Ports and Special Economic Zone Ltd (APSEZ), India’s biggest private port operating firm, has declared force majeure at its facilities in Mundra, Tuna and Dhamra, in the wake of the three-week lockdown imposed by the government to check the spread of coronavirus.

“In view of the COVID-19 pandemic, the Port has notified the ‘Force Majeure Event’, wherein the port will not be responsible for any claims, damages, charges, etc, arising out of and /or connected to the above Force Majeure event, either directly or indirectly, which without any limitation would include vessel demurrages, inter alia due to pre-berthing or any other delays of whatsoever nature and, accordingly, the discharge rate guaranteed under the agreement shall also not be applicable for all vessels to be handled at the port for any delay or disturbance in the port services during the Force Majeure period,” APSEZ said in a March 24 notice to the trade, adding that the event was effective from March 22.

A force majeure clause absolves firms from meeting their contractual commitments for reasons beyond their control.

APSEZ has notified force majeure separately for the three ports.

“Since the impact is ongoing, the port shall notify‘Cessation of Force Majeure’ based on further notifications / directives from the Central Government and State Government, as the case may be,” it stated.

“At this juncture, we would also like to inform that port services are categorised as essential services and, therefore, in the interest of protecting and securing the supply chain of the industries, we are endeavouring to continue operations with the support of Government authorities,” it added.

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