Sale by description. When there is a contract for the sale of goods by description there is an implied condition that the goods shall correspond with the description; and if the sale be by sample as well as by 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.
Sale by description. If there is any conflict between the description of the Equipment in a Quotation and any samples shown to the customer, the description contained in the Quotation shall apply, and the LHD will have fulfilled the contract if the Equipment matches the description.
Sale by description. Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and, if the sale is by sample as well as by 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. Implied conditions as to quality or fitness Subject to the provisions of this Act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows:-
Sale by description. Where there is a contract of sale of goods by description, there is an implied condition that goods delivered by seller shall correspond with such description. If the goods does not correspond with the description, the buyer is not bound to accept and pay for the goods. CLASSROOM NOTES CS Xxxxx Xxxxx (8888 078 078) Think, Believe, Receive!! YT – Xxxxx Xxxxx, Corporate Baba Sale by sample In a contract of sale by sample, there is an implied condition that: • The bulk should correspond with the sample in quality; • The buyer shall have reasonable opportunity of comparing the bulk with the sample; and • The goods shall be free from any defect rendering them un- merchantable, which would not be apparent on reasonable examination of the sample. CLASSROOM NOTES Sale by sample as well as by description Where the goods are sold by sample as well as by description the implied condition is that the bulk of the goods supplied must correspond both with the sample and the description. In case the goods correspond with the sample but do not tally with the description or vice versa, the buyer can repudiate the contract. CLASSROOM NOTES CS Xxxxx Xxxxx (8888 078 078) Think, Believe, Receive!! YT – Xxxxx Xxxxx, Corporate Baba Condition as to quality or fitness There is no implied condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale. There is an implied condition as to the reasonable quality or fitness of goods if: a) The particular purpose for which goods are required must have been disclosed by the buyer to the seller. b) The buyer must have relied upon the seller’s skill or judgment of the seller to select the best goods and c) The seller has ordinarily been dealing in those goods. However, there is no implied condition where: a) The buyer has not disclosed to the seller any abnormal circumstances or b) The buyer buys a specified article under its patent or other trade name and c) Xxxxx has not relied upon the skill and judgment of seller. CLASSROOM NOTES Condition as to merchantable quality Merchantable quality means that the goods should be resalable in the market under the particular description by which they are known. They are not merchantable if they have defects which make them unfit for ordinary use, or are such that a reasonable person knowing of their condition would not buy them. Where the goods are bought be description from a seller who deals in that type of goods, there is an implied condition that the ...
Sale by description. (1) Where there is a contract for the sale of goods by description, there is an implied condition that the goods will correspond with the description.
Sale by description. Where there is a contract of sale of goods by description, there is an implied condition that goods delivered by seller shall correspond with such description. If the goods does not correspond with the description, the buyer is not bound to accept and pay for the goods. CLASSROOM NOTES CS Xxxxx Xxxxx (8888 078 078) Think, Believe, Receive!! YT – Xxxxx Xxxxx, Corporate Baba Sale by sample In a contract of sale by sample, there is an implied condition that: The bulk should correspond with the sample in quality; The buyer shall have reasonable opportunity of comparing the bulk with the sample; and The goods shall be free from any defect rendering them un- merchantable, which would not be apparent on reasonable examination of the sample. CLASSROOM NOTES Sale by sample as well as by description Where the goods are sold by sample as well as by description the implied condition is that the bulk of the goods supplied must correspond both with the sample and the description. In case the goods correspond with the sample but do not tally with the description or vice versa, the buyer can repudiate the contract. CLASSROOM NOTES BE&L In Karma, I Believe....
Sale by description. Where there is a contract for sale of goods by description, there is an implied condition that the goods shall correspond with the description. Condition as to quality or fitness: Under Sec 16(1), in a contract of sale there is no implied condition as to quality or fitness of the goods for a particular purpose, the buyer must examine the goods thoroughly before he buys them in order to satisfy himself that the goods will be suitable for the purpose for which he is buying them. Condition as to merchantability: Under Sec 16(2), where goods are bought by description from a seller who deals in goods of that description, there is an implied condition that the goods are merchantable quality. Condition implied by custom: An implied condition as to quality or fitness for a particular purpose may be annexed by the usage of trade, under Sec 16(3).
Sale by description. Unless expressly stated otherwise In the order, all goods are sold by description and not by sample, even if samples are provided.
