writing to the Buyer elect to treat the Contract as repudiated and the Buyer shall thereupon be liable to pay the

Company a restocking charge equating to 50% of the order value.

(b) If for any cause whatsoever beyond its control the Company is unable to make any delivery on the applicable delivery date or perform any of its obligations under the Contract, the company may by notice in writing to the Buyer terminate the Contract or suspend the Contract without liability for any loss or damage thereby incurred by the Buyer.