Part I Supply of Goods
Contracts for the hire of goods
10 Implied terms where hire is by sample.
(1)
This section applies where, under a F1relevant 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, F2making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.
F3(3)
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(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.