Carrier not liable for release of consignment without bill of lading - Newsletters

Facts Decision CommentFacts

A German company (A), which specialises in the recycling and scrap metal sector, bought scrap metal from a subsidiary company (B) based in Denmark and then resold it to a company (C) based in the United Arab Emirates.

B facilitated the sale by negotiating terms with C, which were passed on to A with the purpose of establishing an agreement between A and C. It was agreed that the scrap metal would to be transported to India, where C had a buyer in place.

The sales contract between A and the Indian buyer stated as follows:

If any payment is not made punctually as per contractual terms, the seller reserves the right to strictly cancel the contract after one reminder to the buyer. In that case the deposit will be used by seller as compensation for the resulting loss. The goods remain property of the seller until the invoice....

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