Supply of Goods and Services Act 1982

10 Implied terms where hire is by sample. E+W+N.I.

(1) This section applies where, under a [F1 relevant contract for the hire of goods], the bailor bails or agrees to bail the goods by reference to a sample.

(2) In such a case there is an implied condition—

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

(b) that the bailee will have a reasonable opportunity of comparing the bulk with the sample; and

(c) that the goods will be free from any defect, [F2 making their quality unsatisfactory], which would not be apparent on reasonable examination of the sample.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) 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.

Textual Amendments

F1 Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 38(b); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F2 Words in s. 10(2)(c) substituted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(8)(a) (with s. 8(3))

F3 S. 10(3) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(8)(b), Sch. 3 (with s. 8(3))