5. Implied terms where transfer is by sample

(1)

This section applies where, under a contract for the transfer of goods, the transferor transfers or agrees to transfer the property in the goods by reference to a sample.

(2)

In such a case, there is an implied condition —

(a)

that the bulk will correspond with the sample in quality;

(b)

that the transferee 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.

(3)

[Deleted by Act 44 of 1996]

(4)

For the purposes of this section, a transferor transfers or agrees to transfer the property in goods by reference to a sample where there is an express or implied term to that effect in the contract concerned.

Terms defined in this Act

contract for the transfer of goods
Defined · s 1
“contract for the transfer of goods” means a contract under which one person transfers or agrees to transfer to another the property in goods, other than an excepted contract.(2) For the purposes of this section, an excepted contract means any of the following:(a)a contract of sale of goods;(b)a hire-purchase agreement;(c)a transfer or agreement to transfer which is made by deed and for which there is no consideration other than the presumed consideration imported by the deed;(d)a contract intended to operate by way of mortgage, pledge, charge or other security.(3) For the purposes of this Act, a contract is a contract for the transfer of goods whether or not services are also provided or to be provided under the contract, and, subject to subsection (2), whatever is the nature of the consideration for the transfer or agreement to transfer. In this Act,
Open s 1
goods
Defined · s 18
“goods” includes all personal chattels (including emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before the transfer or bailment concerned or under the contract concerned) other than things in action and money;
Open s 18
property
Defined · s 18
“property”, in relation to goods, means the general property in them and not merely a special property;
Open s 18
transferee
Defined · s 18
“transferee”, in relation to a contract for the transfer of goods, means (depending on the context) a person to whom the property in the goods is transferred under the contract, or a person to whom the property is to be so transferred, or a person to whom the rights under the contract of either of those persons have passed;
Open s 18
transferor
Defined · s 18
“transferor”, in relation to a contract for the transfer of goods, means (depending on the context) a person who transfers the property in 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.
Open s 18

Report

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