TGS Baltic senior associates Martti Peetsalu and Maris Vutt represented Jetoil AS in court.

31.05.2023 TGS Baltic senior associates Martti Peetsalu and Maris Vutt represented Jetoil AS in court.

The dispute revolved around the performance of fuel quality control and the courts agreed that the fuel supplied by Jetoil met the quality requirements.

The court case demonstrates that the validity of special agreements between parties largely depends on the area of activity in which they operate. In the transport sector, it is permissible for parties to agree on shorter notice periods for raising claims to ensure the normal functioning of the sector.

It is also important to carefully review the general terms and conditions applicable to the contractual relationship when entering into a contract, as technical matters may include detailed instructions for the parties to follow.
For example, fuel samples must be taken upon fuel delivery, enabling proper quality control of the delivered fuel.
After the fuel is loaded into the ship’s tanks and a sample is taken from the tank, it becomes difficult for the buyer to prove that the fuel did not meet the agreed quality at the time of delivery.
Therefore, it is also important for fuel users to regularly inspect and clean fuel tanks to prevent fuel contamination in the tanks and subsequent disputes.