Warranty Claims and Correction of Defects

Notes

1 Oscar Chess v Williams [1957] 1 WLR 370. Denning LJ observed that the ordinary meaning of both words is a binding promise. He stated: ‘Everyone knows what a man means when he says “I guarantee it” or “I warrant it” or “I give you my word on it”. He means that he binds himself to it. That is the meaning it has borne in English law for 300 years …’.

2 Sale of Goods Act 1979 s 14(2).

3 Supply of Goods and Services Act 1982 s 13.

4 Limitation period for claims under contract (Limitation Act 1980 s 5).

5 The exclusion of other liability, although typical, is by no means universal. The exclusion is not found in the LOGIC General Conditions of Contract for Marine Construction, whereas it is to be found in art 29.1 of IMCA’s Marine Construction Contract. Note, however, that it is envisaged that liability would be capped following delivery. See art 36.1(b) and (c) of LOGIC.

6 Air Transworld Limited v Bombardier Inc [2012] 1 Lloyd’s Rep 349.

7 KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercin Lady) [2011] 1 Lloyd’s Rep 442.

8 IMCA Marine Construction Contract, Rev 1.

9 [2000] 1 Lloyd’s Rep 367.

10 See Aktiebolaget Gotaverken v Westminster Corporation of Monrovia & Anor [1971] 2 Lloyd’s Rep 505.

11 [1971] 2 Lloyd’s Rep 505.

12 ibid 513.

13 See para 29.3 of the IMCA Marine Construction Contract and para 29.3 of the LOGIC General Conditions of Contract for Marine Construction.

14 HIH Casualty & General Insurance Ltd v Chase Manhattan Bank [2003] 2 Lloyd’s Rep 61.