sale by sample

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A contract of sale of goods made on the basis that the bulk of goods to be delivered to the buyer will match a sample submitted by the seller. If the bulk does not match the sample the seller is in breach of an implied condition of the contract and the buyer may reject the goods. The seller must give the buyer a reasonable opportunity of comparing the bulk with the sample and the goods must be free from any defect making them unmerchantable that would not be apparent on reasonable examination of the sample.

Subjects: Law — Business and Management.

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