30 May 2014
PIPES NZ LTD v STEEL CO LTD [2014] NZHC 1216
- Citation
- [2014] NZHC 1216
- Court
- High Court
Terms and Conditions were not incorporated; the pipes failed to comply with the contracts and breached implied statutory warranties under s16 (fitness for purpose and merchantable quality); SGS visual inspection did not relieve the defendant of liability; delays were outside reasonable delivery times and liquidated damages paid by the plaintiff were foreseeable and recoverable; plaintiff acted reasonably to mitigate; damages awarded except for plaintiff's elected pre-shipment inspection cost.