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In force2020 Revised Edition

Part 3 · Implied Terms

6C. Samples

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(1)

Where under a hire-purchase agreement goods are bailed by reference to a sample, there is an implied term —

(a)

that the bulk will correspond with the sample in quality;

(b)

that the hirer will have a reasonable opportunity of comparing the bulk with the sample; and

(c)

that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.

(2)

The term implied by subsection (1) is a condition.

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