Sale by sample Sample Clauses
A 'Sale by sample' clause defines a transaction where goods are sold based on a sample provided by the seller, with the expectation that the bulk of the goods will match the quality and characteristics of the sample. In practice, this means that the buyer examines a sample before agreeing to purchase, and the delivered goods must conform to the sample in terms of quality, appearance, and other relevant attributes. This clause ensures that buyers receive goods consistent with what was demonstrated, thereby reducing the risk of disputes over quality and providing a clear standard for assessing conformity.
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Sale by sample. (1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect.
(2) In the case of a contract for sale by sample there is an implied condition--- •That the bulk shall correspond with the sample inquality; •that the buyer shall have a reasonable opportunity of comparing the bulk with the sample; •that the goods shall be free from any defect, rendering them unmerchantable which would not be apparent on reasonable examination of the sample. CHAPTER III
Sale by sample. A sale where a small quantity of a commodity is exhibited by the seller as a fair specimen of the bulk, which is not present and as to which there is no opportunity to inspect or examine. There is warranty that the bulk of the commodity will correspond in kind, quality, and character with the sample exhibited.