KG Bominflot Bunkergesellschaft Für Mineralöle mbh & Co KG v Petroplus Marketing AG (The “Mercini Lady”) – QBD (Comm. Ct.), 22 May 2009
CONTRACT OF SALE — IMPLIED TERM REGARDING QUALITY AFTER DELIVERY — CONDITION OF CARGO — Buyer Award
This ruling hinged on whether there is an implied term warranting condition of cargo after delivery; and, if so, whether the Seller was relieved of such obligation under an express exclusion clause (which, in this instance, did not reference “conditions”) or, alternatively a certificate final clause (which, in this instance, did not exclude implied terms).
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