KG BOMINFLOT BUNKERGESELLSCHAFT FUR MINERALOELE MBH & CO v PETROPLUS MARKETING AG (THE "MERCINI LADY")

[2011] Lloyd's Rep Plus 22

COURT OF APPEAL

Before Lord Justice Maurice Kay, Lord Justice Rix and Lord Justice Patten

Sale of goods (fob) - Contract for sale of gasoil - Goods complying with specification on shipment but failing to comply at discharge - Whether term implied in fob sale that goods would still be of satisfactory quality and in accordance with contractual specification following a normal voyage - Whether express term of contract had effect to exclude implied conditions as to quality and specification - Sale of Goods Act 1979, section 14(2).