ARTICLE · 10 JANUARY 2013

Norwegian Saleform 1993 - Seller Beware!

Reed Smith (Worldwide)

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Until 13th December last year, the English courts had never specifically considered the relationship between Norwegian Saleform and the English Sale of Goods Act.

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Adam Morgan

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Until 13th December last year, the English courts had never specifically considered the relationship between Norwegian Saleform and the English Sale of Goods Act. The point has now been considered by Mr Justice Flaux in Dalmare SpA v Union Maritime Ltd and another (the Union Power) [2012] EWHC 3537(Comm), 2012 Folio 764.

In this case, the vessel "Calafuria" (renamed "Union Power") was sold on Saleform 93 terms which included the standard wording in lines 218 and 219 "she shall be delivered and taken over as she was at the time of inspection, fair wear and tear excepted". The main engine broke down within 5 weeks of delivery as a result of an existing defect in the main engine's crank pin bearing.

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