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s 20

Sale by sample

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Part IIFormation of the contract
Division 5Sale by sample

20 Sale by sample

(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:

(a) there is an implied condition that the bulk shall correspond with the sample in quality;

(b) there is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample; and

(c) there is an implied condition that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.

Part III Effects of the contract

Division 1 Transfer of property as between seller and buyer

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