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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.

Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
[27] recommended selecting a subset (~10%) of each monitored category using the advanced sampling method (especially, composite samplers) and using grab samples for the remainder.
Species composition (Sachs Harbour and Gjoa Haven combined) differed significantly for substrate and depth classes observed in video data, but no significant differences were found in the grab sample data (Table 2A).
This was confirmed in laboratory experiments with this species held in sea-water aquaria in their native sediment as well as from burrow-clam associations observed in intact grab samples (K.
NSF standards require multiple composite samples from one system, while in the study reported here, grab samples were taken from multiple units (NSF International, 2000).
EPA settled the entire debate about grab samples and composite samples about 25 years ago.
(TSXV: WHM) ("White Metal" or the "Company") is pleased to announce that it has received assay results from 58 rock grab samples collected from the Startrek Gold-Antimony property (the "Property") and submitted to Eastern Analytical Laboratory in Springdale, Newfoundland.
A total of 78 surface chip and grab samples have been taken by CANEX on the property, the samples range in gold values from trace to 31.2 g/t, with an un-capped average for all 78 samples of 3.1 g/t gold.
Thirteen of forty-two grab samples collected from a recent reconnaissance of the Drop Zone and Conquest Zone at the Root & Cellar property returned greater than 1 g/t Au with a high of 5.3 g/t Au and 113 g/t Ag with a further sixteen samples assaying between 0.1 and 1 g/t Au.
Caradoc Target - New prospect located 1.7 km east of Percival Discovery holes, where an initial grab sample of 10.3 g/t Au was collected.
Chief Executive David Fraser commented: 'The results of the soil and grab sample programme at M8 confirm GWM's initial assessment suggesting a potential buried copper porphyry.
* Widespread copper (Cu) mineralization has been delineated over a 2.1 kilometer long zone crossing three ridges, with grab sample assays up to 9.5%, 2.12% and 1.23% Cu.