South Australian Consolidated Acts

SALE OF GOODS ACT 1895 - SECT 15

15—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.