s 5 Implied terms where transfer is by sample
5.—(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.