Sale of Goods Act Section 17 — Sale by sample

CHAPTER II FORMATION OF THE CONTRACT — Conditions and waranties

Commercial / Corporate

Summary

Sub-section (1) states that a contract of sale is considered a sale by sample only when the contract itself contains a term, whether stated explicitly or implied, that the sale is to be by sample.

Sub-section (2) sets out the implied conditions that apply in a sale by sample. Under clause (a), the bulk of the goods delivered must match the sample in quality.

Under clause (b), the buyer must be given a reasonable opportunity to compare the bulk goods with the sample.

Under clause (c), the goods must be free from any defect that would make them unmerchantable, provided that such defect would not be visible upon a reasonable examination of the sample.

Official Text

(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 there is an implied condition—

(a) that the bulk shall correspond with the sample in quality;

(b) that the buyer shall have a reasonable opportunity of comparing the bulk with the sample;

(c) that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.