||All England Reporter
|| All ER (D) 378 (Jul)
|| EWHC 1900 (Comm)
||Queen's Bench Division (Commercial Court)
Christopher Clarke J
||Richard Mawrey QC and Ross Fentem (instructed by Moon Beever) for the claimant
||David Allen and Charles Holroyd (instructed by Kennedys) for the defendant.
||25 July 2006
Sale of goods - Implied condition as to fitness - Borecene supplied for rotational moulding of oil storage tanks - High percentage of tanks failing - Whether goods fit for purpose - Whether claimant's or defendants' standard terms applying - Unfair Contracts Act 1977.
A claim arising out of allegedly defective borecene, a polymer used in the manufacture of oil storage tanks, was dismissed on the facts; the goods were not unfit for purpose and the failure of the tanks was due to the claimant's deficiencies.
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