R G Grain Trade LLP v Feed Factors International Ltd - QBD (Comm Ct)(Hamblen J) - 20 July 2011

(2011) 830 LMLN 3

Sale of goods - Sale of sunflower expeller - Contract providing for certificate of sellers' surveyor to be final as to quality - Contract also providing for "second analysis" - Whether second analysis superseded certificate of sellers' surveyor - Whether buyers entitled to reject goods - GAFTA 119 and GAFTA Sampling Rules 124

By a contract dated 1 July 2008 the claimant sellers sold to the defendant buyers 1,500 mt +/- 10 % in buyers’ option Ukrainian origin sunflower expeller FOB Nicolayev sea port. The contract provided: