Part II Formation of the Contract
F3Implied terms etc.
13 Sale by description.
1
Where there is a contract for the sale of goods by description, there is an implied F1term that the goods will correspond with the description.
F21A
As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.
2
If the sale is by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
3
A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.
4
Paragraph 4 of Schedule 1 below applies in relation to a contract made before 18 May 1973.
F45
This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 11 of that Act).
Heading preceding ss. 10-14 substituted (3.1.1995) by 1994 c. 35, ss. 7(1), 8(2), Sch. 2 para. 5(10) (with s. 8(3)).