Ramburs Inc v Agrifert SA

Contract – Shipping contract. The Commercial Court, in allowing the claimant's appeal, held that, where a buyer of free on board (FOB) goods nominated a substitute vessel pursuant to its right under the GAFTA FOB period of delivery clause, he was required to comply with the terms of the contract of sale as to nomination and pre-advice in respect of the nomination of the substitute vessel. On the facts and on the true construction of the contract between the parties, the defendant buyer's nomination of a substitute vessel to take delivery of a cargo of maize had been invalid, it was in default and its claim to have validly nominated a substitute vessel so that the claimant had not been entitled to terminate the contract for sale failed.

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