Mercuria Energy Trading SA v Onex DMCC [2026] EWHC 130 (Comm)

Mercuria bought a cargo of high-sulphur straight-run fuel oil from Onex on CIF terms, incorporating the BP General Terms. After discharge, part of the cargo was found to contain elevated organic chlorides. Mercuria claimed breach, arguing that the contractual term “typicals” created a quality warranty and that the cargo no longer met the contractual description. The Court rejected those arguments, holding that “typicals” were descriptive only and not contractual guarantees, and that organic chlorides were not part of the agreed specifications. The cargo retained its commercial identity. The buyer’s claim was dismissed.

Read the full judgment here.