164 Goods to match sample

164 Goods to match sample

There is a contract to supply goods by sample if there is a supply of goods which:

  1. (a)

        is made by reference to a sample of goods; and

  2. (b)

        the sample of goods is seen or examined by the consumer1.

Every contract which is a contract to supply goods by sample includes a term that:

  1. 164.1

        the goods will match the sample (except to the extent that any differences between the sample and the goods are brought to the attention of the consumer before the trader and consumer make the contract)2;