Sale of Goods

KG Bominflot Bunkergesellschaft Fur Mineraloele Mbh & Co v Petroplus Marketing AG (The ‘Mercini Lady’) [2010] EWCA Civ 1145 Marine insurance

Johanna Hjalmarsson

Sale of goods – FOB – Terms Implied under the Sale of Goods Act 1979 - Prospective warranty

The facts

The seller had sold gasoil to the buyer fob Antwerp to be shipped on board the Mercini Lady. At Antwerp, the gasoil conformed to specifications. The buyers rejected the goods, alleging that upon arrival at El Ferrol the gasoil no longer conformed to the sediment specifications in the sale contract, and brought proceedings alleging that the sellers were in breach of implied terms under the Sale of Goods Act 1979. The sale contract contained an express term, clause 18, to the effect that: