ROBINSON, DAVID & CO., LTD. v. VSESOJUZNOJE OBJEDINENIJE "EXPORTLES."

(1939) 64 Ll L Rep 193

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Sale of goods-Quality-Sale of wood goods-Complaint by buyers as to condition and bracking - "No complaint or claim for quality and/or condition will be recognised by sellers upon any goods shipped under this contract, unless reasonable particulars are given to agents within fourteen days, and the goods in respect of which a claim is made are produced ready for inspection within twenty-one days, both from date of ship's final discharge. If, in consequence of delay by a dock company or other public utility body or delay caused by circumstances shown by buyers to be beyond their reasonable control, the goods are not so ready for inspection, the buyers shall, on giving notice to agents of such delay, be entitled to an extension of time for the period covered by this delay"-Reasonable particulars of claim given in time-Goods not produced for inspection within 21 days - Arbitration - Award in form of special case-Question for Court: "Whether upon the facts found and a true construction of the contract the buyers have lost their right to claim in respect of the contract goods on the ground that they failed to produce the goods for inspection within twenty-one days of the ship's final discharge."