ERG Raffinerie Mediterranee SpA v. Chevron USA Inc. (The “Luxmar”) – Court of Appeal, 22 May 07
SALES CONTRACT — CARGO — BREACH — WRONGFUL CANCELLATION — MEANING OF LAYCAN IN SALES CONTRACT — Seller Award
In this contract, the Buyer had to nominate a performing Vessel for the voyage, narrow the laycan to a two day period, and then the Seller would have to load the Vessel in 36 + 6 hrs. The Buyer performed all contracted requirements; however, upon arrival, the Seller’s plant was unable to supply cargo within the contracted load window. The Buyer subsequently claimed that the Seller violated the contract and canceled the transaction.
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