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ARTICLE · 28 JULY 2021

Shipping Case Digest - June 2021

Hill Dickinson
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Welcome to this month's edition of our shipping case digest, providing you with concise and useful summaries of recent legal decisions in the shipping market.

United KingdomTransport
Hill Dickinson
Hill Dickinson

Welcome to this month's edition of our shipping case digest, providing you with concise and useful summaries of recent legal decisions in the shipping market.

SEPTO TRADING INC -V- TINTRADE LTD [2021] EWCA Civ 718

The Court of Appeal considered the effect of incorporated general terms which were alleged to conflict or to be inconsistent with a term expressly agreed between the parties in a recap.

Factual background

This was a dispute between Septo Trading Inc (buyer) and Tintrade Limited (seller) arising from the sale of a cargo of fuel oil loaded on board the vessel "NOUNOU" at the port of Ventspils in Latvia in July 2018.

The contract was evidenced by a recap dated 20 June 2018, which said that a quality certificate issued by an independent inspector at the load port would be binding on the parties in the absence of fraud or manifest error, but it also provided for the BP 2007 General Terms and Conditions for FOB Sales ('the BP Terms') to apply 'where

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