Section 10: Implied terms where hire is by sample.

Supply of Goods and Services Act 1982 · 1982 c. 29View on legislation.gov.uk

Part I: Supply of Goods

This section applies where, under a relevant contract for the hire of goods, the bailor bails or agrees to bail the goods by reference to a sample.

In such a case there is an implied condition—

that the bulk will correspond with the sample in quality; and
that the bailee will have a reasonable opportunity of comparing the bulk with the sample; and
that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.

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For the purposes of this section a bailor bails or agrees to bail goods by reference to a sample where there is an express or implied term to that effect in the contract concerned.

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