Most China supply contracts have a force majeure paragraph that lists “war, acts of government, natural disasters” and stops. Since the Strait of Hormuz disruption began on 28 February 2026, carriers have imposed war-risk and emergency surcharges, and some Asia–Europe services have been rerouted around the Cape of Good Hope, according to industry reporting. A paragraph like that does not say who pays the extra cost, how the delivery date moves, or what happens to payments and documents.
The fix is not to predict the next disruption. It is to decide four things in advance: who bears the surcharges, how the delivery date moves, what happens to payments, and who reissues which documents.
Start with your Incoterm
Under EXW and FOB, the buyer arranges the main carriage, and risk has already passed to the buyer by the time the vessel sails. A routing clause then matters mostly for events before loading, such as a closed or congested loading port, and for the surcharges that land on your freight invoice. Under CIF and CFR, the seller contracts for the sea freight, so the contract must say whether the quoted freight is fixed or subject to carrier surcharges. For how each term allocates cost and risk, see our guide to EXW, FOB, CIF and DDP.
Four short clauses to adapt
The figures in brackets are commercial choices, not defaults. Fill them in for your own order.
1. Surcharges. “Carrier-imposed war-risk, emergency or conflict surcharges notified after the date of this contract shall be for the account of [the Buyer / the Seller / both Parties equally], up to a maximum of [ ]% of the contract price, and payable only against the carrier’s or forwarder’s invoice.”
2. Routing or port change. “If the contracted routing or port of loading becomes unavailable or is delayed by more than [7] days, the Seller shall notify the Buyer within [3] business days, attaching the carrier’s notice, and propose an alternative. The delivery date is extended by the number of days of delay, up to [21] days. If the delay exceeds that, the Buyer may cancel the affected goods, and the Seller shall refund any advance payment for them within [10] business days.”
3. Payment milestones. “The balance is due against the shipping documents for the shipment actually made. A change of vessel, route or port does not accelerate any payment, and an extension of the delivery date extends the corresponding payment dates by the same number of days.”
4. Documents. “Documents shall name the vessel and port actually used. If a change occurs before loading, the Seller shall issue documents for the new vessel and port. If a change is requested after the bill of lading has been issued, any amendment shall be made through the carrier, and its fee shall be borne by the Party whose request or event caused it.”
Who pays the surcharges is a negotiation, not a default. A cap protects both sides, and the right split depends on your Incoterm.
For how Chinese law treats force majeure and changed circumstances, see our guide to force majeure in China supply contracts.
Before you rely on them
- Ask your forwarder which alternative loading ports they treat as interchangeable for your cargo. Dangerous goods and oversized cargo have fewer options.
- Ask your forwarder and destination customs broker what documents they would need if the vessel or port changes. Do not assume the original set will still be accepted.
The bottom line
A standard force majeure paragraph excuses delay but decides nothing about money, dates or documents. Four short clauses decide them before the goods are on the water, and none of them requires you to guess which disruption comes next.
If you need the surcharge, routing and payment-milestone lines written into your PO in English and Chinese, I can prepare the wording and issue a stamped set under our bilingual translation company seal when you need one. See what this covers.
Based on industry reporting of the 2026 Strait of Hormuz disruption and general contracting practice. The sample clauses are drafting starting points; have a China-qualified lawyer review them for a large order. General sourcing information, not legal advice.