[F111K Implied terms where hire is by sample.S
(1)This section applies where, under a contract for the hire of goods, the supplier hires or agrees to hire the goods by reference to a sample.
(2)In such a case there is an implied term—
(a)that the bulk will correspond with the sample in quality; and
(b)that the person to whom the goods are hired will have a reasonable opportunity of comparing the bulk with the sample; and
(c)that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.
(3)For the purposes of this section a supplier hires or agrees to hire goods by reference to a sample where there is an express or implied term to that effect in the contract concerned.]
Textual Amendments
F1Pt. 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))