Page:Supply of Goods and Services Act 1982.pdf/6

4c. 29

5) In that case there is (subject to subsection (6) below) an implied condition that the goods supplied under the contract are reasonably fitfor that purpose, whether or not that is a purpose for which such goods are commonly supplied.

(6) Subsection (5) above does not apply where the circumstances show that the transferee does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the transferor or credit-broker. (7) An implied condition or warranty about quality or fitness for a particular purpose may be annexed by usage to a contract for the transfer of goods.

(8) The preceding provisions of this section apply to a transfer by a person who in the course of a business is acting as agent for another as they apply to a transfer by a principal in the course of a business, except where that other is not transferring in the course of a business and either the transferee knows that fact or reasonable steps are taken to bring it to the transferee's notice before the contract concerned is made.

(9) Goods of any kind are of merchantable quality within the meaning of subsection (2) above if they are as fit for the purpose or purposes for which goods of that kind are commonly supplied as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances

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 samplein quality; and

(b) that the transferee willhave a reasonable opportunity of comparing the bulk withthe sample ; and

(c) that the goods will be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.

(3) In subsection (2)(c) above "unmerchantable " is to be construed in accordance withsection 4(9) above.

(4) For the purposes of this section a transferor transfers or agrees totransfer the property ingoods by reference to a sample where there is an express or implied term to that effect in the contract concerned.