Miller Magazine Issue: 118 October 2019
90 ARTICLE MILLER / OCTOBER 2019 ability for damages, including demurrage. It is quite an ambiguous situation, since the contract provisions do not conform to each other in full. It should be noted that the clause of unconditional payment before opening holds to some extent contradicts the CIF sale concept which is regarded as sale of documents under English law. RESULT Having analysed all the circumstances of the case, legal provisions and possible risks, Interlegal lawyers provided the buyer with recommendations concerning further interaction with the counteragent, as well as advised about ways of the protection of his legitimate rights under current conditions. Despite obvious viola- tions of the contractual terms by the seller , the buyer came to the conclusion that the most beneficial option for the completion of the business should be negoti- ations: since the sooner payment issue is settled, the sooner the holds would be opened in order to check the actual condition of the Goods (i.e. whether there are still grounds for dispute between the Parties). Moreover, in order to save the buyer’s right for further damages recovery, the buyer was instructed regarding the way how to conduct negotiations with the seller and which particular measures are reasonable to be taken. Negotiations resulted in timely payment for the Goods and presentation of documents to the buyer. Upon ar- rival of the Goods to the port of discharge, there were no phytosanitary deviations, no problems regarding cus- toms formalities, as well as no claims (including those concerning demurrage) raised by the seller. Due to professional teamwork of Interlegal Senior Lawyer Ekaterina Gadetskaya and Lawyer Valeria Ivano- va, the online legal support was provided to the client in such a fast-moving situation, so that the client was able to complete the deal, avoid losses and save commercial relations with the counteragent.
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