Western Australian Consolidated Acts Western Australian Consolidated Acts Where in a contract
for the supply (otherwise than by way of sale by auction) by a person 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.