Where under a hire-purchase agreement goods are bailed by reference to a sample, there is an implied term —
hire-purchase agreement
“hire-purchase agreement” means an agreement, other than a conditional sale agreement, under which —(a)goods are bailed in return for periodical payments to the hirer; and(b)the property in the goods will pass to the hirer if the terms of the agreement are complied with and one or more of the following occur:(i)the exercise of an option to purchase by the hirer;(ii)the doing of any other specified act by any party to the agreement;(iii)the happening of any other specified event;
that the bulk will correspond with the sample in quality;
that the hirer will have a reasonable opportunity of comparing the bulk with the sample; and
that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.
The term implied by subsection (1) is a condition.