Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32HA

Supply of goods by sample

32HA. Supply of goods by sample



(1) The conditions set out in subsection (3) are implied in a contract of
supply of goods in which there is a term, express or implied, to the effect
that the supply is a supply of goods by sample.

(2) The conditions set out in subsection (3) are implied in a contract of
supply of goods if, before entering into the contract, the supplier, or in the
course of any antecedent negotiations to a supply of goods, a dealer or a
person acting on behalf of the supplier-

   (a)  shows to the purchaser a sample of goods; and

   (b)  the purchaser is induced by the showing of the sample to purchase the
        goods or goods of the same kind.

(3) The conditions implied in a contract of supply of goods under subsection
(1) or (2) are-

   (a)  an implied condition that the goods will correspond with the sample in
        quality; and

   (b)  an implied condition that the purchaser will have a reasonable
        opportunity of comparing the goods with the sample; and

   (c)  an implied condition that the goods will be free from any defect,
        rendering them unmerchantable-

   (i)  that would not be apparent on reasonable examination of the sample;
        and

   (ii) of which the purchaser is not aware when the contract is made.



(4) For the purposes of this section, a contract of supply of goods or
services may be a contract of supply by sample even though the sample is not
part of the bulk of the goods or services.