FinCo International AG v Integra Petrochemicals Europe AG [2026] EWHC 727 (Comm)

Effect of varying delivery terms on contractual delivery obligations under the BP GTCs

Stephen Midwinter KC, sitting as a deputy High Court judge, dismissed a buyer's claim for restitution and damages arising out of a contract for the sale of a petrochemical cargo whose delivery terms had been varied from DES (delivery ex ship) to CIF (cost insurance freight). The court held that, on variation, the fixed delivery dates in the original contract no longer imposed an obligation of complete delivery within those dates, but rather became indicative discharge dates only.