Ceval Alimentos SA v Agrimpex Trading Company Ltd (The “Northern Progress”) - QBD (Com Ct)(Rix J) - 18 April 1996

C & F contract providing for “All other terms conditions and exceptions as per charterparty” - Whether unusual term in charterparty relating to diversion of vessel in event of war was incorporated into the sale contract

A c & f buyer of goods shipped in Brazil for delivery in the former Yugoslavia found that the owners of the ship engaged by his seller to carry the goods to the c & f destination, in the light of the warlike situation in the region, insisted upon a right, both under the charterparty and under the buyer’s bill of lading, to divert the voyage so as to discharge the goods in the event at Hamburg. The question lay between the c & f seller and buyer of those goods and raised the issue whether the buyer had agreed in his sale contract or by waiver to take the risk of that diversion.