Section 17
Sale by sample
ActIn forceProvision 17 of 63
Section 17
(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.