Part II Formation of the Contract
Sale by sample
15 Sale by sample.
1
A contract of sale is a contract for sale by sample where there is an express or implied term to that effect in the contract.
2
In the case of a contract for sale by sample there is an implied condition—
a
that the bulk will correspond with the sample in quality;
b
that the buyer will have a reasonable opportunity of comparing the bulk with the sample;
c
that the goods will be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
3
In subsection (2)(c) above “unmerchantable” is to be construed in accordance with section 14(6) above.
4
Paragraph 7 of Schedule 1 below applies in relation to a contract made before 18 May 1973.