EXXONMOBIL SALES AND SUPPLY CORPORATION v. TEXACO LIMITED (THE “HELENE KNUTSEN”) [2003] EWHC 1964 (Comm)

[2003] 2 Lloyd's Rep. 686

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Nigel Teare, Q.C. sitting as a Deputy Judge of the Queen’s Bench Division

Sale of goods (c.i.f.) - Express or implied term - Summary judgment - Contract for sale of Ultra Low Sulphur Auto Diesel - Contract provided for independent inspector to determine quality and quantity at load port - Inspector’s certificate to be final and binding save fraud and/or manifest error - Inspector determined that cargo complied with specification - Cargo rejected by buyers for failing to meet specification - Whether contract contained express or implied term that samples tested by inspector would be retained for retesting - Whether sellers entitled to summary judgment.