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Section 15 Sale by sample

Original text. Later amendments are not shown.

(1)

A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect.

(2)

In the case of a contract for sale by sample—

(a)

There is an implied condition that the bulk shall correspond with the sample in quality:

(b)

There is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample:

(c)

There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.