Section 104

Section 104 of the Indian Contract Act, 1872, deals with contracts for the sale of goods by sample. According to this section, a contract of sale is a contract for sale by sample when there is a term in the contract, express or implied, to that effect. In the case of a contract for sale by sample, there is an implied warranty that the bulk shall correspond with the sample in quality. However, if the seller makes known to the buyer that the goods are to be taken with all faults, or if the buyer is a person of skill and judgment and the seller makes known to him that the goods are to be taken as they are, then there is no implied warranty as to the quality or fitness of the goods for any particular purpose. The buyer is entitled to compare the bulk with the sample and to reject the goods if they do not correspond with the sample in quality.