The issue in this appeal is whether a quality certificate issued by an independent inspector at the load port was intended to be conclusive evidence of the quality of a consignment of fuel oil supplied under an international sale contract. The email confirmation of the parties’ transaction (‘the Recap’) said that the certificate 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 not in conflict with the above’. Those terms say that the quality certificate will be conclusive and binding ‘for invoicing purposes’, but without prejudice to the buyer’s right to bring a quality claim.
Lord Justice Males
[2021] EWCA Civ 718
Bailii, Judiciary
England and Wales
Updated: 05 August 2021; Ref: scu.662480