Depending on which side a party is on (e.g. supplier or customer) one could think of explicitly including the following circumstances in a force majeure clause, beside the aforementioned text in Article 6:75 DCC, stating that force majeure includes:
shortage of material, transportation difficulty, shortcomings of a third party, riot, acts of God, epidemic, virus, seizure, insurrection, accident, war, civil disturbance, fire, flood, strike and/or other labour disputes, act of government and/or government regulation or other occurrence beyond the reasonable control of a Party.
Definition: it is recommended that the parties clearly define the situations in which an event is considered to be a force majeure.
Consequences: it is recommended that the parties clearly indicate what the consequences of invoking a force majeure clause will be; e.g. termination, amendment of the agreement, and/or compensation.
Timing: it is recommended that the parties indicate a specific time period after which the agreement will terminate and/or provide the parties with the opportunity to terminate because of the force majeure event.
Please note that the principles of reasonableness and fairness should always be borne in mind, as a force majeure clause aims to exclude a party’s liability for failure to perform its obligations under an agreement. If the force majeure clause is drafted too broadly, it may be construed as unreasonable by the courts and in that case will afford no (or limited) protection. This depends on the totality of the circumstances of the case, assessed on a case-by-case basis.