The dispute before the courts concerned the quality control of fuel, and the courts agreed that the fuel supplied by Jetoil AS met the required quality standards.
The litigation demonstrates that the binding nature and validity of special arrangements between parties depends to a considerable extent on the sector in which those parties operate. In the transport sector, it is permissible for parties to agree on a shorter period than usual for giving notice of claims, in order to ensure the normal functioning of the sector.
It is also important, when entering into a contract, to carefully review the general terms and conditions applicable to the contractual relationship, as very detailed technical instructions may be prescribed for the parties to follow. For instance, fuel samples must be taken at the point of delivery, which allows the quality of the fuel being transferred to be properly verified.
Once the supplied fuel has been pumped into the ship’s tanks and a fuel sample has been taken from the tank, it becomes difficult for the buyer to prove that the fuel did not meet the agreed quality standards at the time of delivery. It is therefore also important that those using fuel regularly inspect and clean their fuel tanks in order to prevent contamination of the fuel within the tanks and the disputes that may arise as a result.
