Richco International Ltd. v. Alfred C. Toepfer International (The Bonde) - Q.B.D. (Com.Ct.) (Potter J.) - 23 May 1990

F.o.b. sale of goods - Sellers fail to achieve guaranteed loading rate - Whether buyers liable to pay carrying charges in respect of time taken loading vessel in excess of permitted loading time

The sellers contracted to sell some 30,000 tonnes of Saudi Arabian wheat to be delivered f.o.b. stowed and trimmed Damman for shipment 20 April/20 May 1988. Under the contract the sellers guaranteed to load the vessel at a certain rate. Demurrage was to be for the sellers’ account at charterparty rate. The contract further provided: