A contract of sale is a contract for sale by sample where there is an express or implied term to that effect in the contract.
In the case of a contract for sale by sample there is an implied term—
(a) that the bulk will correspond with the sample in quality;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.
As regards England and Wales and Northern Ireland, the term implied by subsection (2) above is a condition.
Paragraph 7 of Schedule 1 below applies in relation to a contract made before 18 May 1973.
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 13 and 18 of that Act).