Day two of Cermaq’s lawsuit against MSC and Norpartner reveal more about the terms and contract between all parties.
The fish farmer has taken MSC to court, as well as the company that provided the fibreglass, Norpartner, of which the 2015’s storm damage to the closed containment system, AquaDome, is now the subject of a EUR 1.4 million lawsuit.
No standard form contract
During day two of the Aquadome trial, MSC lawyer Jostein Nordbø told Søre Sunnmøre District Court (central Norway) that there was no standard form contract between the parties but in fact an industrial research and development contract as reported in Sunnmørsposten.
“Cermaq overlooks the very fundamentals of the IRD (an Innovation Partnership) contract, because the Aquadome was not built without a purpose. It was a prototype for testing,” said Nordbø.
According to Nordbø, MSC had an unlimited right to use the prototype for testing, with a view to being able to sell technology to the aquaculture industry in the future.
Breach of contract
Cermaq has built a new closed cage, and this weekend started production. However Nordbø believes that this is a breach of contract.
“It is clear that neither party can use knowledge or information in a way other than through the agreement,” said Nordbø.
Norpartner’s lawyer, Ole-Reinhart Notø, also argued that it was an IRD contract in connection with the Aquadome.
“This was no standard delivery,” he said.
The lawsuit continues.
