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Swissco Offshore Pte Ltd v Seabed Offshore Pte Ltd (The “Swissco Surf”) – Supreme Court of Singapore (High Court) (Tay Yong Kwang J) – 6 February 2009

Sale of ship – Documentation – Buyer refusing to take delivery on ground that vessel was not ready – Whether seller complied with requirements relating to documents to be provided on delivery

(2009) 779 LMLN 3

The plaintiff sellers agreed to sell the tug Swissco Surf to the defendant buyers under a Memorandum of Agreement (“MOA”) on the Norwegian Saleform. Clause 5 provided that the Sellers should provide the Buyers with 10, 7, and 3 days notice of the estimated time of arrival at the intended place of delivery, and that when the Vessel was at the place of delivery “and in every respect physically ready for delivery in accordance with this Agreement, the Sellers shall give the Buyers a written Notice of Readiness for delivery”.

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Sep 29 2009

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