A force majeure clause in a produce contract excuses a missed or late shipment only when the cause was outside the supplier’s control, could not reasonably have been foreseen when the contract was signed, and could not have been avoided. A higher farm-gate price, a competing buyer paying more, or a packhouse that booked too much volume are not force majeure. A crop shortfall clause is the separate, more useful tool for the risk that actually hits fresh produce most often: the harvest delivers less than forecast.

This reference is for importers signing seasonal programmes for Egyptian citrus, pomegranate, onion, potato and winter vegetables. PEI Trade writes these clauses from the supplier side, so we say so up front.

Events that usually qualify as force majeure

Government action is the clearest case. When Egypt temporarily restricted onion exports in late 2023, contracted shipments could not legally leave, regardless of what either party wanted. Port closures, a carrier omitting a port call because of a regional security event, a strike at the terminal, and a fire or flood at the packhouse fall in the same category, provided the contract names them or uses a broad enough definition. Many traders now use the ICC Force Majeure Clause published in 2020 as the base text, because it lists presumed events and sets out the proof required.

Events that usually do not

Normal weather does not qualify. Egypt has a hot spring with khamsin winds and occasional heat spikes during flowering, and a contract signed in September should assume they will happen. Freight rate increases, a vessel that rolls by a week, a delayed phytosanitary inspection, and currency movement are commercial risks. They belong in price, freight or delivery clauses, not in force majeure.

Why a crop shortfall clause matters more

Most missed produce shipments are partial, not total. A navel block packs out at 60 percent Class I instead of 75 percent, a hot week during fruit set pushes the size curve down, or a count the buyer needs is simply not on the trees. A crop shortfall clause should say four things.

First, how shortage is shared. The usual wording is pro-rata allocation across contracted buyers in the affected weeks, with spot sales stopped first. Our note on allocation in peak weeks explains how Egyptian exporters rank buyers when volume is short.

Second, what substitutions the buyer accepts without renegotiation: an adjacent count, another variety of the same crop, or a later week.

Third, the notice period. Seven days before the planned loading week is workable for citrus and onion. For strawberry and green bean, which are harvested and shipped within days, 48 hours is realistic.

Fourth, the remedy. Normally the undelivered quantity is cancelled without penalty on either side, or rolled forward at the contract price if both agree.

Notice and evidence

Whichever clause is used, the supplier should notify in writing as soon as the event is known, state which shipments are affected, and supply evidence: a government decree, a carrier advisory, a weather record, or a third-party inspection of the block. The buyer should reserve the right to source elsewhere for the affected weeks without breaching exclusivity.

Price and force majeure are separate

If the contract is fixed price for the season, a sharp rise in the local market is the supplier’s risk. If the programme uses a weekly or monthly price review, that clause does the work and force majeure stays out of it. Our comparison of fixed price, price after sale and consignment sets out how each model shares market risk.

If you are drafting a 2026/2027 citrus or vegetable programme and want our standard force majeure and shortfall wording to compare against your own, message the PEI Trade desk on WhatsApp at +20 10 9911 1918.