Commonwealth Consolidated Acts

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TRADE PRACTICES ACT 1974 - SECT 72

Supply by sample

                   Where in a contract for the supply (otherwise than by way of sale by auction) by a corporation in the course of a business of goods to a consumer there is a term in the contract, expressed or implied, to the effect that the goods are supplied by reference to a sample:

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

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

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



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