Dalmare SpA v Union Maritime Ltd & Anor [2012] EWHC 3537 (Comm) (13 December 2012)

Dalmare SpA v Union Maritime Ltd & Anor [2012] EWHC 3537 (Comm) (13 December 2012)

The term as to satisfactory quality under section 14 of the Sale of Goods Act 1979 is implied into the MOA. The phrase 'as she was' in clause 11 of Saleform 93 is not equivalent to 'as is, where is' and does not exclude the implied terms. Clear language is required to exclude statutory implied terms, and such exclusion is not present in the MOA. The appeal is dismissed.

Citation
[2012] EWHC 3537 (Comm)
Parties
Appellant (seller): DALMARE SpA; Respondent (buyer): Union Maritime Limited; Respondent (buyer): Valor Shipping Limited
Jurisdiction
England and Wales
Judgment Date
13 December 2012
Procedural Posture
Arbitration Claim (appeal From Arbitral Award) / High Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Exclusion Clauses, Satisfactory Quality, Interpretation of Contract, Sale of Second Hand Ships
Commercial Law Sale of Goods Maritime Law Implied Terms Exclusion Clauses Satisfactory Quality Interpretation of Contract Sale of Second Hand Ships

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Parties

DALMARE SpA

Appellant (seller)

Union Maritime Limited

Respondent (buyer)

Valor Shipping Limited

Respondent (buyer)

Procedural Posture

Arbitration Claim (appeal From Arbitral Award) / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether a term as to satisfactory quality is implied into the MOA by Section 14 of the Sale of Goods Act 1979
  2. 2 Whether the phrase 'as she was' in clause 11 of Saleform 93 excludes the implied terms under SOGA

Ratio Decidendi

The term as to satisfactory quality under section 14 of the Sale of Goods Act 1979 is implied into the MOA. The phrase 'as she was' in clause 11 of Saleform 93 is not equivalent to 'as is, where is' and does not exclude the implied terms. Clear language is required to exclude statutory implied terms, and such exclusion is not present in the MOA. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Section 14 implied term as to satisfactory quality is implied into the MOA
  • Respondents' claim for damages for breach of contract stands