(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 [F1term]—
(a)that the bulk will correspond with the sample in quality;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)that the goods will be free from any defect, [F3making their quality unsatisfactory], which would not be apparent on reasonable examination of the sample.
[F4(3)As regards England and Wales and Northern Ireland, the term implied by subsection (2) above is a condition.]
(4)Paragraph 7 of Schedule 1 below applies in relation to a contract made before 18 May 1973.
Textual Amendments
F1Word in s. 15(2) substituted (3.1.1995) by 1994 c. 35, ss. 7(1), 8(2), Sch. 2 para. 5(6)(a) (with s. 8(3)).
F2S. 15(2)(b) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 5(6)(a), Sch.3 (with s. 8(3)).
F3Words in s. 15(2)(c) substituted (3.1.1995) by 1994 c. 35, ss. 1(2), 8(2) (with s. 8(3)).
F4S. 15(3) substituted (3.1.1995) by 1994 c. 35, ss. 7(1), 8(2), Sch. 2 para. 5(6)(b) (with s. 8(3)).