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Section 11 Samples.F1C1

United Kingdom

F2(1)Where under a F3relevant hire-purchase agreement goods are bailed or (in Scotland) hired by reference to a sample, there is an implied F4term—

(a)

that the bulk will correspond with the sample in quality; and

(b)

that the person to whom the goods are bailed or hired will have a reasonable opportunity of comparing the bulk with the sample; and

(c)

that the goods will be free from any defect, F5making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.

F6(2)

As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.

Annotations

Textual amendments

F1

S. 11 substituted by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 4 para. 35

F2

Word in s. 11 inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch.2 para. 4(5)(a) (with s. 8(3))

F3

Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 2; S.I. 2015/1630, art. 3(g) (with art. 6(1))

F4

Word in s. 11 inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(5)(b) (with s. 8(3))

F5

Words in s. 11(1)(c) substituted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(5)(c) (with s. 8(3))

F6

S. 11(2) inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(5)(d) (with s. 8(3))

Modifications

C1

S. 11 amended by Unfair Contract Terms Act 1977 (c. 50, SIF 30), ss. 6(2)(b), 20(2)(b)