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BP GTCs 2007: Septo Trading Inc v Tintrade Limited [2021] EWCA Civ 718

Introduction

In Septo Trading Inc v Tintrade Limited ([2021] EWCA Civ 718) the Court of Appeal overturned a High Court decision ([2020] EWHC 1795 (Comm)) that a term in a trade recap which provided that an inspector’s results were “binding on the parties save for fraud or manifest error” was qualified by the BP 2007 General Terms and Conditions for FOB sales (the “BP GTCs 2007”). Our blog post on the High Court’s decision can be found here.  
Continue Reading Court of Appeal clarifies that term in trade recap stating that certificate of quality is final and binding is not qualified

Background

This dispute arose out of a contract for the sale and purchase of fuel oil on FOB Ventspils, Lativa terms between Septo Trading Inc. as Buyer and Tintrade Limited as Seller. The sale contract was evidenced by a trade recap which incorporated the BP general terms & conditions for sales and purchases of Petroleum Products 2007 (the “BP GTCs 2007”) “where not in conflict with the above” (i.e. the recap itself).
Continue Reading Final and binding or just binding? Term in trade recap stating that a certificate of quality is binding is qualified by the BP GTCs 2007: Septo Trading Inc. v Tintrade Limited [2020] EWHC 1795 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Teare, 8 July 2020