The Lipa [2001]


The Commercial Court, via “The Lipa” [2001] 556 LMLN 2 case, ruled that a performance warranty was not established by the governing charter party agreement in view of the Vessel Description’s inclusion of the following term: 

    “All details ‘about’ – all details given in good faith but without guarantee”
To summarize, the Commercial Court has told us that where a qualifier such as “without guarantee,” or “WOG,” is provided, a performance warranty cannot be established.  In other words, a stipulation such as “without guarantee” tells us that the speed and consumption terms in question are provided in good faith, as guidance only.