10 Implied terms where hire is by sample.E+W+N.I.
(1)This section applies where, under a [F1relevant contract for the hire of goods], the bailor bails or agrees to bail the goods by reference to a sample.
(2)In such a case there is an implied condition—
(a)that the bulk will correspond with the sample in quality; and
(b)that the bailee will have a reasonable opportunity of comparing the bulk with the sample; and
(c)that the goods will be free from any defect, [F2making their quality unsatisfactory], which would not be apparent on reasonable examination of the sample.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of this section a bailor bails or agrees to bail goods by reference to a sample where there is an express or implied term to that effect in the contract concerned.
Textual Amendments
F1Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 38(b); S.I. 2015/1630, art. 3(g) (with art. 6(1))
F2Words in s. 10(2)(c) substituted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(8)(a) (with s. 8(3))
F3S. 10(3) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(8)(b), Sch. 3 (with s. 8(3))