伦敦高等法院最新的一项判决认为，依据1993年标准买卖合同卖船时，合同包含默示条款，即船舶状况良好。该默示条款源于英国《1979年货物买卖法》，但是双方可以协议不适用船舶状况良好的默示条款。法官认为，1993年标准买卖合同没有明确的措辞排除这一条款。
人们对于1993年标准买卖合同（以及之前的版本）中卖船的普遍理解是，船舶”按现状” 出售，若之后证明船舶存在缺陷，即船舶不符合状况良好的要求，那么买方不能向卖方提出任何索赔。
详细信息请参阅附件。
Saleform 93 – New English Judgement
In a new judgement High Court in London held that when a vessel is sold pursuant to the terms of Saleform 93, there is an implied term of the contract that the vessel shall be in satisfactory condition. This requirement follows from the English Sale of Goods Act 1979, but the parties can agree that the implied term of satisfactory condition shall not apply. The judge held that Saleform 93 did not contain clear wording to exclude the term.
The general perception of sales made pursuant to Saleform 93 (and previous versions of Saleform) was that they were “as is” sales, and the buyer would not have any claim against the seller if it later turned out that the vessel had defects, i.e. that the vessel was not in a satisfactory condition.
See attached file: Saleform 93- New English Judgement.pdf
