F3Part IA Supply of Goods as Respects Scotland

Annotations:
Amendments (Textual)
F3

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))

F2 Contracts for the hire of goods

Annotations:
Amendments (Textual)
F2

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))

F1 11K Implied terms where hire is by sample.

1

This section applies where, under a F4relevant 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.