Make sure you exclude the implied conditions!
08.07.09
Sellers will normally exclude all implied warranties, such as satisfactory quality.
A recent case (KG Bominflot Bunkergesellschaft fur Mineralole mbH & Co KG v Petroplus Marketing AG [2009]) has emphasised that getting the wording right is essential. This case also looks at implied conditions for deliveries on "F" terms such as FOB (Free On Board).
You should check that your drafting excluding implied terms is correct. Read Wragge & Co's action note for some suggested best practice wording.
Key Contact
David Lowe, partner, +44 (0)20 7664 0322, david_lowe@wragge.com
This alert may contain information of general interest about current legal issues, but does not give legal advice.

