Supply of Goods Act 1982 · 2020 Revised Edition · Part 1
8. Implied terms where hire is by description
Feedback & supportThis section applies where, under a contract for the hire of goods, the bailor bails or agrees to bail the goods by description.
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 goods will correspond with the description.
goods
“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;
If under the contract the bailor bails or agrees to bail the goods by reference to a sample as well as a description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
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;
A contract is not prevented from falling within subsection (1) by reason only that, being exposed for supply, the goods are selected by the bailee.
bailee
“bailee”, in relation to a contract for the hire of goods, means (depending on the context) a person to whom the goods are bailed under the contract, or a person to whom they are to be so bailed, or a person to whom the rights under the contract of either of those persons have passed;