Force Majeure Notice - COVID-19

Dear Valued Customer, 

The World Health Organization (WHO) declared the 2019–20 coronavirus (Covid-19) outbreak a pandemic and a Public Health Emergency of International Concern. Covid-19 has caused disruption to the global trade and economy including the supply chain. The Government of India has laid nationwide lockdown for 21 days starting from March 25, 2020 to maintain social distancing and avoid spread of COVID-19. 

In view of the above and the prevailing situation in the country, the workforce (including contract labour) are timid to attend the operations as before, causing severe impact on operations of Gateway Terminals India Private Limited. In this regard, we wish to bring to your notice, clause F of the Terms of Business of Gateway Terminals India Private Limited (TOB). 

Gateway Terminals India Private Limited hereby declares the Covid-19 pandemic as an event of Force Majeure in accordance with the TOB and that this declaration should be considered as a notice of Force Majeure as per the TOB. As such, we hereby record that our obligations to perform certain services as stated herein cannot be fulfilled as a result of the event of Force Majeure.

In addition, and in accordance with the TOB, please be informed as follows: 

1. Expected duration (as can be assessed) 
   At this stage it is impossible to predict the duration of the Force Majeure event as it depends on the development of the Covid-19 pandemic and related Government instructions and regulations.
2. Obligations that cannot be fully performed 
   Delay / inability in in fulfilling the Terminal Services and other obligations of Gateway Terminals India Private Limited as mentioned in the Agreement / TOB, including but not limited to: 
   • Allotment of Berthing windows 
   • Receiving and delivering containers from and to container transporters at the terminal 
3. Mitigating actions proposed to be taken by Affected Party 
   Gateway Terminals India Private Limited is using all reasonable endeavours to mitigate and overcome the effects of Covid-19 pandemic and the impact on our customers. We shall keep you informed of all developments in this regard Assessments are being carried out to determine a feasible course of action to restore normalcy.
4. Questions regarding this matter may be directed to the following persons: 
   We encourage our customers to reach out to us in case of specific question. Please reach out to Amit Bhardwaj (Chief Commercial Officer): amit.bhardwaj@apmterminals.com. 

We further state that the Gateway Terminals India Private Limited will not be responsible for any claims, damages, charges, etc. whatsoever arising out of and / or connected with this Force Majeure event including damage to the cargo. 

We urge that all parties in the supply chain need to collaborate to mitigate the impact of Covid-19 on their businesses and those of their counter parties. We are taking mitigating actions where necessary and rely on you to do the same. 

For Gateway Terminals India Private Limited
 
Amit Bhardwaj 
Chief Commercial Officer