BOARD OF TRADE v. STEEL BROTHERS & CO., LTD.

[1951] 2 Lloyd's Rep. 259

KING'S BENCH DIVISION.

Before Mr. Justice McNair.

Sale of goods (f.o.b.)-Quality-Sale of rubber-Defective packing causing damage-Time limit for claims on quality-Sale of 912 tons R.M.A. 2 ribbed smoked sheet rubber in bales -Incorporation of terms of F.O.B. Contract for Eastern Ports adopted by Rubber Trade Association of London -Provisions in contract that "in the case of ribbed smoked sheets each package of rubber shall be completely wrapped on all sides with equal quality sheet"; that "buyer shall be entitled to claim an allowance if it is proved that the contents have deteriorated owing to defective packing"; and that claims in respect of inferior quality, "to be as described above," must be made "not later than 60 days after discharge of goods . . . into recognized warehouse" - Rubber damaged by hessian coverings impregnated with colouring matter-Notice of claim given to sellers by buyers 85 days after discharge into warehouse-Plea by sellers that claim was one as to quality and so, under the "Quality Clause," out of time-Contention by buyers that claim, although relating to physical condition of the rubber, was not an objection as to quality - Arbitration- Award in favour of sellers-Appeal- Case stated.