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Contract and Commercial Law Act 2017

Sale of goods - Formation of contract - Sale by sample

142: Sale by sample

You could also call this:

“Buying something based on a sample: what you need to know”

When you buy something based on a sample, there are three important things to keep in mind. First, the actual product you receive should match the quality of the sample. Second, you should have a fair chance to check if the product matches the sample. Third, the product shouldn’t have any hidden problems that make it unsuitable for sale, which you couldn’t spot by looking at the sample carefully.

A sale is considered to be ‘by sample’ if the agreement between you and the seller mentions this, whether it’s clearly stated or just implied. This means that both you and the seller understand that you’re buying based on the sample you’ve seen.

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Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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Part 3 Sale of goods
Formation of contract: Sale by sample

142Sale by sample

  1. There is an implied condition in a contract of sale by sample—

  2. that the bulk corresponds to the sample in quality; and
    1. that the buyer will have a reasonable opportunity to compare the bulk to the sample; and
      1. that the goods are free from any defect that makes them unmerchantable and that would not be apparent on reasonable examination of the sample.

        1. A contract of sale is a contract of sale by sample if there is a term in the contract, express or implied, to that effect.

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