sample

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sample

noun archetype, case in point, cross section, documentum, ensample, example, exemplar, exemplification, exemplum, guide, illustration, instance, model, original, paradigm, prototype, representation, representative, reppesentative selection, showpiece, specimen, standard of comparison, swatch, typical example
See also: case, check, cross section, example, exemplary, illustration, instance, model, paradigm, partake, pattern, poll, prototype, representative, specimen

sample (sale by, implied term)

a contract of sale is a sale by sample where there is an express or implied term to that effect in the contract. Where there is a sale by sample there is an implied condition:
  1. (1) that the bulk will correspond with the sample in quality;
  2. (2) that the buyer will have a reasonable opportunity of comparing the bulk with the sample;
  3. (3) that the goods will be free from any defect, rendering them unacceptable, which would not be apparent on reasonable examination of the sample.

If a sale is by sample as well as by description, it is not sufficient that the bulk corresponds with the sample if the goods do not also correspond with the description. It is the duty of the seller to make the sample available to the buyer for comparison.

SAMPLE, contracts. A small quantity of any commodity or merchandise, exhibited as a specimen of a larger quantity called the bulk. (q.v.)
     2. When a sale is made by sample, and it afterwards turns out that the bulk does not correspond with it, the purchaser is not, in general, bound to take the property on a compensation being made to him for the difference. 1 Campb. R. 113; vide 2 East, 314; 4, Campb. R. 22; 12 Wend. 566 9 Wend. 20; 6 Cowen, 354; 12 Wend. 413. See 5 John. R. 395.

References in periodicals archive ?
To evaluate the effectiveness of the wipe and HEPA vacuum samples for removing spores from surfaces, at some locations we collected wipe samples over the same surface area previously vacuumed, as well as HEPA vacuum samples over the same surface area previously wiped.
All of the 11 homes sampled in this study revealed detectable concentrations of lead on surfaces when measured directly with the XRF Of these 11 homes, nine revealed detectable concentrations of lead on surface wipe samples.
The Pearson correlation coefficient was calculated on the mean logged values between deck wipe samples and indoor samples (Table 3) at each location.
The mean lead concentration found in kit wipe samples, by tree age category, as well as the percentage of trees in each age category with lead levels that exceeded the detection limit, are shown.
It consisted of an interviewer-administered questionnaire, collection of wipe samples, and observations of the residence and neighborhood.
Dust wipe samples were taken at the 12-month housing inspection by experienced visual inspectors certified by the Maryland Department of the Environment.
However, qualitative wipe samples were used as early as 1940 in hospitals to determine microbial levels in operating rooms and to evaluate cleanliness of pharmaceutical manufacturing facilities (26,67,82).
ChemoGlo(TM), a specialized third-party laboratory, tested the 48 containers with wipe samples in its laboratory at detection level sensitivity of 10 ng and found BD syringes were contaminated in significant measures compared with undetectable contamination in the EQUASHIELD[sup.
They took wipe samples of walls, ducts, window sills and other parts of the home, later sending them to a lab to be analyzed.
Dust wipe samples for lead were collected on the floor and from the sill of each randomly selected window.