UOKiK fined food producer Bunge Polska 4.29 million zloty for supplier contracts that dumped weather risk onto growers while still penalising them for missed deliveries.
Why It Matters
The clauses UOKiK objected to are common in Polish B2B supply and distribution agreements: the buyer keeps the right to penalise a supplier for non-delivery even when the cause, frost, drought, a burst pipe, a subcontractor default, was outside the supplier's control. If your standard contract with suppliers, subcontractors or distributors reads the same way, you carry the same exposure UOKiK just priced at over 4 million zloty. Bunge's fine was reduced only because it rewrote its templates and cooperated the moment UOKiK raised the case.
What To Do About It
Pull your standard supplier or subcontractor agreement and read the force majeure and penalty clauses together: if the other side can still be fined for delays caused by events outside their control, have a lawyer rewrite the clause before UOKiK or a supplier's lawyer flags it, since a fix made now costs nothing and one made after a complaint does not.
Sources
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