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ARTICLE · 01 AUGUST 2008

Defining Delivery Periods

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The High Court's decision in Cereal Investment Co (CIC) SA v. ED&F Man Sugar Ltd [2007] EWCA Comm. 2843 concerns how parties define delivery periods in international sale contracts.

United KingdomInternational Law
Alistair Feeney
Alistair Feeney

The High Court's decision in Cereal Investment Co (CIC) SA v. ED&F Man Sugar Ltd [2007] EWCA Comm. 2843 concerns how parties define delivery periods in international sale contracts.

The case concerned a sale of sugar by ED&F Man to CIC FOB Santos. The "Shipment Period" clause in the contract stated, "One vessel only presenting October 2006 Shipment at Buyer's Option, with 10 days pre-advise of vessel arrival". The contract incorporated the Refined Sugar Association rules, which provide that if a vessel is presented for loading within a contractual delivery period and loading is not completed by the last day of the period, the seller must deliver and the buyer must take delivery of the cargo.

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