Section 5 Implied terms where transfer is by sample.

England, Wales and Northern Ireland

(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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations

Textual amendments

F1: Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 38(a); S.I. 2015/1630, art. 3(g) (with art. 6(1))
F2: 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))
F3: S. 5(3) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(4)(b), Sch.3 (with s. 8(3))