KG BOMINFLOT BUNKERGESELLSCHAFT FÜR MINERALÖLE MBH & CO v PETROPLUS MARKETING AG (THE “MERCINI LADY”)

[2011] 1 Lloyd's Rep. 442

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).