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VICAct
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s 20

Sale by sample

In force
Part ISale of goods
Division 2Formation of the contract

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;

(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.

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