F3Part IA Supply of Goods as Respects Scotland
F2 Contracts for the transfer of property in goods
Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para. 1 (with s. 8(3))
11CF1 Implied terms where transfer is by description.
1
This section applies where, under a F4relevant contract for the transfer of goods, the transferor transfers or agrees to transfer the property in the goods by description.
2
In such a case there is an implied term that the goods will correspond with the description.
3
If the transferor transfers or agrees to transfer the property in the goods by reference to a sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
4
A contract is not prevented from falling within subsection (1) above by reason only that, being exposed for supply, the goods are selected by the transferee.
Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.1 (with s. 8(3))