Zenziper Grains and Feed Stuffs v Bulk Trading Corporation Ltd - Court of Appeal (Thorpe, Potter and Hale LJJ) - 10 November 2000

Sale of goods Free on Truck - Goods to be imported by sellers - Contract allowing for delivery at a range of places in country of destination - Whether right and duty to nominate place for delivery lay on sellers or buyers

On 7 March 1996 the sellers entered into a sale contract with the buyers for the sale of 6,000 Mts of American corn FOT (ie free on truck); 3,000 Mts in May and 3,000 Mts in June at USD 191 per ton. The contract cargo was to be “American corn No 2 or better”. It was to be imported by the sellers into Israel at a price of “USD 191 released from customs (3,000 mt each May and June 1996)”. A cheque for payment would be transferred with the notification that the quantity was at the port in the name of the buyers. There was no express provision specifying the place of delivery. The buyers and the sellers were both Israeli entities.