# FORCE MAJEURE NOTICE FOR WAREHOUSE FLOOD
Date: 10 May 2032
Parties: Hearthstone Foods Limited and Valegro Retail plc, Supply Agreement dated 10 January 2031
## 1. Purpose and parties
Hearthstone Foods Limited of 2 Millbank Way, Gloucester GL1 5RX gives this notice to Valegro Retail plc of 80 Meridian Park, Birmingham B6 7DL under clause 14 of the Supply Agreement dated 10 January 2031. Hearthstone supplies chilled prepared meals under purchase schedules VS-2032-05 and VS-2032-06. This notice concerns deliveries due on 12, 16 and 19 May 2032 and does not cancel the agreement.
## 2. Facts, scope and terms
On Sunday 9 May 2032, exceptional rainfall caused the River Severn to overtop its flood defences. Floodwater entered Hearthstone's only refrigerated dispatch warehouse at 03:40, cut power to the refrigeration plant and made the loading floor unsafe. The Environment Agency flood warning, photographs, electricity isolation record and insurer's incident reference HF-9217 establish the event. The water damage directly prevents lawful access, chilling and dispatch of the scheduled meals.
## 3. Process and responsibilities
Hearthstone invokes clause 14.1 for an event beyond its reasonable control that could not reasonably have been avoided or overcome. With effect from 9 May 2032, obligations to prepare and dispatch meals from the affected warehouse are suspended to the extent directly prevented by the flood. Hearthstone does not suspend food-safety duties, insurance cooperation, communication, payment of undisputed sums, protection of confidential information or any obligation that can reasonably be performed elsewhere.
## 4. Evidence, records and safeguards
Hearthstone has moved undamaged stock to a licensed cold store in Cheltenham, instructed a contractor to pump and disinfect the warehouse, notified its insurer on 9 May, and asked two approved co-packers about substitute production. It expects 40% of the 12 May quantity to be available from Cheltenham on Thursday 20 May, subject to food-safety approval, and expects full dispatch capacity to resume on Thursday 27 May. Valegro will receive an update every seven days, or sooner if those estimates change.
## 5. Review, escalation and outcome
Hearthstone will not substitute ingredients, packaging or production sites without Valegro's written approval where the change could affect labelling, allergen controls, shelf life or price. Valegro is asked to confirm by 12:00 on Tuesday 11 May whether it can accept the proposed partial quantity on 20 May and to share revised delivery slots. The parties will document any agreed rescheduling, and Hearthstone will keep taking reasonable steps to reduce delay rather than relying on this notice as a blanket excuse.
## 6. Reservations and practical protections
Under clause 14.3, delay liability and consequential or indirect loss caused directly by the flood are excluded, but the clause does not excuse fraud, deliberate default or obligations not prevented by the event. No price increase is requested. If the event continues beyond 21 consecutive days from 9 May, either party may terminate the affected schedules by giving five business days' written notice under clause 14.4; that right is not being exercised by this notice.
## 7. England and Wales law and completion
This completed fictional notice is dated Monday 10 May 2032 and is governed by England and Wales law. It is notice of the event, its causal effect and mitigation, not an admission that every delay qualifies or a waiver of any contractual right. Hearthstone will preserve the incident report, temperature logs, cleaning certificates, insurer correspondence and delivery records, and will confirm by 27 May whether full performance has resumed or a further contractual step is required.