PROVIMI FRANCE S.A.S. v STOUR BAY COMPANY LIMITED

PROVIMI FRANCE S.A.S. v STOUR BAY COMPANY LIMITED

The Provimi Gelatin Specification was not incorporated into the contracts; Stour Bay's Terms & Conditions were incorporated by a consistent course of dealing. The Vitamin D3 500 Feed Grade product was not proven to be of unsatisfactory quality or unfit for purpose under the Sale of Goods Act 1979, as the cause of...

Source-derived case information.

Parties
Claimant: Provimi France S.A.S.; Claimant: Cargill S.L.U.; Claimant: Cargill Poland Sp. zo.o; Claimant: Provimi Limited; Defendant: Stour Bay Company Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2022
Procedural Posture
Commercial Sale of Goods / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Implied Terms, Course of Dealing, Product Quality, Fitness for Purpose, Limitation of Liability, Mitigation of Loss
Contract Law Sale of Goods Commercial Law Implied Terms Course of Dealing Product Quality Fitness for Purpose Limitation of Liability +1 more

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Parties

Provimi France S.A.S.

Claimant

Cargill S.L.U.

Claimant

Cargill Poland Sp. zo.o

Claimant

Provimi Limited

Claimant

Stour Bay Company Limited

Defendant

Procedural Posture

Commercial Sale of Goods / Final Judgment After Trial

Legal Issues

  1. 1 Whether Provimi Gelatin Specification formed part of contract terms
  2. 2 Whether Vitamin D3 500 Feed Grade product was of satisfactory quality and fit for purpose
  3. 3 Causation of losses due to vitamin D3 deficiency

Ratio Decidendi

The Provimi Gelatin Specification was not incorporated into the contracts; Stour Bay's Terms & Conditions were incorporated by a consistent course of dealing. The Vitamin D3 500 Feed Grade product was not proven to be of unsatisfactory quality or unfit for purpose under the Sale of Goods Act 1979, as the cause of loss was the 2015 heatwave, not product defect. Provimi's claim fails and is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Costs to be determined after hearing