GAFTA 64 PDF

In the Soufflet Negoce SA v. The issue was when communications received after 4. Under the terms of the contract, the buyer was entitled to extend the shipping period if the corresponding extension request is received by the seller no later than the next business day after the end of the delivery period. Methods of rapid communication for the purposes of this clause are defined and mutually recognised as: — either telex, or letter if delivered by hand on the date of writing, or telefax, or e-mail, or other electronic means, always subject to the proviso that if receipt of any notice is contested, the burden of proof of transmission shall be on the sender who shall, in the case of a dispute, establish, to the satisfaction of the arbitrator s or board of appeal appointed pursuant to the Arbitration Clause, that the notice was actually transmitted to the addressee.

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Methods of rapid communication for the purposes of this clause are defined and mutually recognised as: - either telex, or letter if delivered by hand on the date of writing, or telefax, or E-mail, or other electronic means, always subject to the proviso that if receipt of any notice is contested, the burden of proof of transmission shall be on the sender who shall, in the case of a dispute, establish, to the satisfaction of the arbitrator s or board of appeal appointed pursuant to the Arbitration Clause, that the notice was actually transmitted to the addressee.

A notice to the Brokers or Agent shall be deemed a notice under this contract. To view articles by sector and or location or to search within articles please use the options below. Legal Notices Remote access Transparency Statement. Cookies Policy We use cookies to ensure that we give you the best experience on our website. Library Sector Insights. Soufflet Negoce SA v.

The Court upheld the GAFTA Board of Appeal award which found that the provision in the contract, whereby any notice received after hours on a business day would be deemed to have been received the following day, applied only in the case of resales and repurchases which was not the case here. The commercial reality was that, in those cases, it is particularly important that notices up or down the chain are served without delay because intermediary sellers or buyers in the chain may otherwise be prejudiced if the notice is not received in time to be passed on.

The Sellers argued that, as the notice was served after hours, it was deemed to have been received the following day, on Tuesday 14 December, pursuant to the deemed notice provision in clause 19 and was therefore out of time. The GAFTA Board of Appeal found in favour of the Buyers, holding that the deemed notice provision in clause 19 did not apply and that, under clause 8, the Buyers had until midnight on 13 December to serve the notice claiming an extension.

The Sellers appealed. In particular, under clause 6, vessel nomination notices in the case of resales had to be passed on, where possible, by telephone and then confirmed on the same day in accordance with clause 19, the Notices clause.

Instead, it construed the disputed wording in the context of the contract as a whole, this being more likely to result in a construction that accords with what the parties can objectively be taken to have agreed. Search Library To view articles by sector and or location or to search within articles please use the options below Search terms.

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