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LORD JUSTICE WARD LORD JUSTICE CARNWATH and MR JUSTICE NEWMAN ____________________
(Transcript of the Handed Down Judgment of Smith Bernal Wordwave Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)
Miss E. Jones Q.C. (instructed by Messrs Travers Smith Braithwaite) for the Appellant Mr J. Davies (instructed by Messrs Lupton Fawcett) for the Respondent ____________________
The items of equipment to be supplied included the main drive gearbox. There were a number of indications that the equipment was required for installation in Hindalco's mills in India, for example, it was noted with reference to the entry coiler gearbox that:-
The terms for payment set out stage payments and for the last 5% it was provided that there be "retention for 6 months from acceptance by client or 18 months from ex-works delivery".
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