11 Nov 2008
PURE NEW ZEALAND FOODS LIMITED V CARTER HOLT HARVEY LIMITED HC WN CIV 2004-485-2747
- Citation
- openlaw-57a37ba9_32ed_4870_9eed_b85501cfef51.pdf
- Court
- High Court
The Court held the May 2003 quality and timeliness terms were incorporated but so were CHH's Standard Terms of Sale; the defects were minor and did not justify cancellation under s7(4) of the Contractual Remedies Act 1979; the exclusion/limitation clause validly capped liability to the price of the goods and excluded consequential loss (including the claimed lost export profits); delay was partly caused by plaintiff's failure to provide artwork/film and plaintiff failed to mitigate by using acceptable cartons; plaintiff's primary claim dismissed and defendant entitled to judgment on its count…