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 F1relevant 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, F2making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.

F3(3)

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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.