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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 72 Supply by sample.

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 72

Supply by sample.
72. Where in a contract for the supply (otherwise than by way of sale by
auction or sale by competitive tender) 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.