In case of goods sold by sample the goods should correspond with sampl...
In case of goods sold by sample, the goods should correspond with the sample, otherwise the buyer may have certain remedies available to them.
When goods are sold by sample, it means that the buyer purchases the goods based on the sample provided by the seller. The sample serves as a representation of the goods, allowing the buyer to assess the quality, size, and other characteristics of the goods before making a purchase. However, if the goods delivered do not correspond with the sample, the buyer may have certain rights and remedies available to them.
Legal principle of correspondence
- The principle of correspondence states that when goods are sold by sample, the goods delivered to the buyer should correspond with the sample in terms of quality, size, and other characteristics.
- This means that the buyer has the right to expect that the goods they receive will be similar to the sample provided by the seller.
Remedies for non-correspondence
If the goods delivered do not correspond with the sample, the buyer may have the following remedies available to them:
1. Reject the goods: The buyer can reject the goods and refuse to accept them if they do not meet the requirements of correspondence with the sample. The buyer must notify the seller of their decision to reject the goods within a reasonable time.
2. Request replacement: The buyer can request the seller to replace the non-corresponding goods with goods that do correspond with the sample. The seller is obligated to provide suitable replacements within a reasonable time.
3. Claim damages: The buyer may be entitled to claim damages from the seller for any losses suffered as a result of receiving goods that do not correspond with the sample. This can include any additional costs incurred by the buyer to replace the goods or any loss of profit.
4. Terminate the contract: If the non-correspondence is significant and cannot be rectified by replacement or other means, the buyer may choose to terminate the contract and seek a refund of the purchase price.
Importance of correspondence
The requirement for goods to correspond with the sample is important for both buyers and sellers. It ensures that buyers can have confidence in the goods they are purchasing and that sellers are held accountable for providing goods that meet the agreed-upon standards.
Conclusion
When goods are sold by sample, it is essential that the goods delivered to the buyer correspond with the sample. If there is a lack of correspondence, the buyer may have various remedies available to them, including rejecting the goods, requesting replacements, claiming damages, or terminating the contract. This principle of correspondence is crucial in maintaining trust and fairness in commercial transactions.