Part I E+W+N.I. Supply of Goods

Contracts for the transfer of property in goods E+W+N.I.

5 Implied terms where transfer is by sample. E+W+N.I.

(1) This section applies where, under a contract for the transfer of goods, the transferor transfers or agrees to transfer the property in 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 transferee will have a reasonable opportunity of comparing the bulk with the sample; and

(c) that the goods will be free from any defect, [F1 making their quality unsatisfactory], which would not be apparent on reasonable examination of the sample.

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this section a transferor transfers or agrees to transfer the property in goods by reference to a sample where there is an express or implied term to that effect in the contract concerned.

Textual Amendments

F1 Words in s. 5(2)(c) substituted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(4)(a) (with s. 8(3))

F2 S. 5(3) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(4)(b), Sch.3 (with s. 8(3))