Supply of Goods Act 1982 · 2020 Revised Edition · Part 1
10. Implied terms where hire is by sample
Feedback & supportThis section applies where, under a contract for the hire of goods, the bailor bails or agrees to bail the goods by reference to a sample.
contract for the hire of goods
“contract for the hire of goods” means a contract under which one person bails or agrees to bail goods to another by way of hire, other than a hire-purchase agreement.(2) For the purposes of this Act, a contract is a contract for the hire of goods whether or not services are also provided or to be provided under the contract, and whatever is the nature of the consideration for the bailment or agreement to bail by way of hire. In this Act,
In such a case, there is an implied condition —
that the bulk will correspond with the sample in quality;
that the bailee 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.
[Deleted by Act 44 of 1996]
For the purposes of this section, a bailor bails or agrees to bail goods by reference to a sample where there is an express or implied term to that effect in the contract concerned.
bailor
“bailor”, in relation to a contract for the hire of goods, means (depending on the context) a person who bails the goods under the contract, or a person who agrees to do so, or a person to whom the duties under the contract of either of those persons have passed;