Part I Supply of Goods
Contracts for the transfer of property in goods
5 Implied terms where transfer is by sample.
1
This section applies where, under a F3relevant 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, F1making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.
F23
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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.