British Standards offer no guarantees
Button, R
British Standards offer no guarantees - 2002 - CSM (Chartered Surveyor Monthly) July/August 2002, 16 (1) .
Discusses the case of "Messer UK Ltd v Britvic Soft Drinks Ltd" where, although the carbon dioxide gas supplied by Messer had been contaminated with low levels of benzene and for that reason wthdrawn from the market and destroyed, the British Standard (BS) which covered the production of Type 2 gas (such as carbon dioxide) did not specifically mention benzene; nor did the wording in the section 'Scope' - that Type 2 gas 'is a higher quality grade which is also suitable for industrial food applications eg beverages' - imply any obligation of fitness of purpose. This case illustrates for those who prepare construction contracts that they must be aware that a requirement to comply with a BS may not by itself be as effective in protecting the interests of the client.
BRITISH STANDARDS
MESSER UK LTD V BRITVIC SOFT DRINKS LTD
Contracts
COMPLIANCE
PROVISIONS
British Standards offer no guarantees - 2002 - CSM (Chartered Surveyor Monthly) July/August 2002, 16 (1) .
Discusses the case of "Messer UK Ltd v Britvic Soft Drinks Ltd" where, although the carbon dioxide gas supplied by Messer had been contaminated with low levels of benzene and for that reason wthdrawn from the market and destroyed, the British Standard (BS) which covered the production of Type 2 gas (such as carbon dioxide) did not specifically mention benzene; nor did the wording in the section 'Scope' - that Type 2 gas 'is a higher quality grade which is also suitable for industrial food applications eg beverages' - imply any obligation of fitness of purpose. This case illustrates for those who prepare construction contracts that they must be aware that a requirement to comply with a BS may not by itself be as effective in protecting the interests of the client.
BRITISH STANDARDS
MESSER UK LTD V BRITVIC SOFT DRINKS LTD
Contracts
COMPLIANCE
PROVISIONS