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 F3relevant 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, F1making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.
F23
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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.