Part I

Supply of Goods

Contracts for the hire of goods

Implied terms where hire is by sample.
10
1
This section applies where, under a 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, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.
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.
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))
S. 10(3) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(8)(b), Sch. 3 (with s. 8(3))
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))