Section 17 of SOGA : Section 17: Sale By Sample

Explanation using Example

Imagine you own a clothing store and you decide to order 500 t-shirts from a manufacturer. Before placing a large order, you ask for a sample t-shirt to check the fabric quality, color, and design. After receiving and approving the sample, you enter into a contract with the manufacturer where it's specified that the t-shirts will be made according to the quality of the sample provided. This is an example of a contract for sale by sample.

Once the bulk of the t-shirts arrives, you have the right to:

• Compare the delivered t-shirts to the sample to ensure they match in quality (Section 17(2)(a));
• Take time to examine the t-shirts to confirm they correspond with the sample you approved (Section 17(2)(b));
• Expect that the t-shirts do not have any hidden defects that could affect their ability to be sold, which you couldn't have noticed by examining the sample (Section 17(2)(c)).

If the bulk does not meet these conditions, you may have legal grounds to claim breach of contract under the Sale of Goods Act, 1930.