This section applies where, under a relevant contract for the transfer of goods, the transferor transfers or agrees to transfer the property in 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 transferee 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 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.