VAI INDUSTRIES (UK) LIMITED v BOSTOCK & BRAMLEY TRANSMISSIONS LIMITED & ORS [2003] EWCA Civ 1069

[2003] BLR 359

COURT OF APPEAL

Before Lord Justice Ward, Lord Justice Carnwarth and Mr Justice Newman

Warranty - Supply of goods - Effect of warranty as to goods where clause provides that warranty period is for no longer than 24 months from delivery FOB. Limitation - Whether claim commenced more than six years from delivery FOB, but less than six years from expiry of 24-month period statute-barred. Guarantee - Supply of goods - Term providing that if any latent defect found within period of three years defect will be made good by supplier - Whether implied term that equipment (including any replacement parts) would be free from defects in design, materials and workmanship and would conform to the specification.