King Living will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond King Living’s reasonable control – for example, due to King Living’s supplier delays, production delays or shipping delays.
We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date, King Living’s liability will be limited, at King Living’s option, to resupplying the Products at a different time.
If at any time after receiving an order from you, King Living, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays King Living from supplying some or all of the Products set out in an order by the estimated delivery date, King Living may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of fourteen (14) days or more, without any liability to you.
In this paragraph:
(a) ‘Force Majeure Event’ means any acts of God, fires, earthquakes, typhoons, floods, storms, explosions, natural hazards and/or disasters, internet failures, computer equipment failures, other equipment failures, electrical power failures, viruses, strikes, lock-outs, bans or other industrial disturbances, riots, insurrections, civil disturbances, shortages of labour or materials, war, acts of foreign enemies, governmental or public sector actions or interference whether by by-laws, rules, regulations, orders, binding codes of conduct or any other method of legislation, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning, acts of foreign enemies or perils of the sea or other perils and any cause or circumstance whatsoever beyond the control of the parties; and
(b) ‘Insolvency Event’ means any one or more of the following events:
(i) the passing of a resolution by King Living for, or King Living being under, bankruptcy, judicial management, insolvency, winding up, liquidation, or other similar proceedings
(ii) the appointment of a trustee, judicial manager, liquidator, custodian, or similar person in a proceeding referred to in paragraph (b)(i) of this definition;
(iii) the making by a court having jurisdiction of an order for winding up or otherwise confirming the bankruptcy or insolvency of King Living or for King Living to be placed under judicial management;
(iv) a receiver, receiver and manager, official manager, trustee, judicial manager, administrator, controller or similar official is appointed over any of the assets or undertakings of King Living;
(v) except to reconstruct or amalgamate while solvent, King Living enters into, or resolves to enter into, a scheme of arrangement, deed of company arrangement or composition with, or assignment for the benefit of, all or any class of its creditors, or it proposes a reorganisation, moratorium or other administration involving any of them;
(vi) King Living is unable to pay its debts when they are due or states that it is insolvent;
(vii) King Living suspends payment of its debts generally; or
(viii) anything having a substantially similar effect to any of the events specified in paragraphs (i) to (viii), inclusive, of this definition happens to it under the law of any jurisdiction.