2,051
edits
Changes
From DMC
no edit summary
An analysis of the gasoil prior to loading on the vessel was found to be on-specification. However, upon arrival at its intended destination, some four days later, the gasoil was found to have exceeded the maximum sedimentary requirement of the specification clause.
The Commercial Court [http://archive.onlinedmc.co.uk/kg_bominflot_bunkergesellschaft_v__petroplus_marketing.htm] held that in the absence of any inconsistent terms within the contract (in this case there was held to be none because clause 18 did not exclude “conditions”) the following conditions were to be implied into an FOB contract, as from the time the goods were appropriated to the FOB contract:
1. a statutory condition under section 14(2) of the Sale of Goods Act 1979 (“the 1979 Act”) that the goods would be of satisfactory quality not only when the cargo was delivered onto the vessel but also for a reasonable time thereafter; and
