Trafigura Beheer Ltd v Renbrandt Ltd
On 1 December the Commercial Court gave a judgment for the
Claimant seller in this matter, which arose out of the sale of a
cargo of gas oil in 2008.
The facts
The cargo was to be loaded by STS transfer from a mother
vessel.
The Quality clause in the sale contract provided that the
sulphur content should not exceed 3%; and that "The Seller
gives no guarantees, conditions, warranties or representations,
express or implied... in relation to the quality... of the product
... which extend beyond the description of the product and any
specifications contained in this contract."
The Determination of [Quantity and] Quality clause provided that
"Quality shall be as already determined at the time of
loading of the mother vessel." This was to be by a
certificate of quality which was final and binding on the parties
for all purposes save for fraud or manifest error, in the usual
way. There was a further requirement that any claim
