LeGran.TT successfully settled the dispute related to non-payment of contractual price under FOSFA contract.

Law firm LeGran.TT successfully protected the interests of Ukrainian seller of sunflower oil who has concluded a contract with Lebanese company.

The contract, inter alia, provided that quality and condition of the goods are final at the time and place of loading as per certificate issued by specified surveyor company. The certificate showed that the cargo complies with contractual requirements. However, the buyer presented certificate of another surveyor and disagreed with the results of the first survey, inter alia,  with percentage of sediments.

Subsequently the parties agreed to hold a joint survey at the port of discharge, which would put an end to the matter. However, the story repeated: joined survey confirmed the contractual quality of the goods, whereas the buyer’s survey again showed contrary data. As a result, the buyer received the cargo, but did not make the payment in full.

LeGran.TT lawyers prepared and submitted a claim to the buyer based on the actual circumstances of the case, as well as on English contract law. After subsequent intense negotiations, the parties signed a settlement agreement and the buyer performed the payment. As a result, the seller did not incur expenses due to non-performance of obligations by the counterparty.