धारा 21

Section 21 of the Sale of Goods Act, 1930, states: 'Where there is a contract for the sale of goods 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; and if the goods do not correspond with the description, the condition of the goods is broken, but a failure to comply with the condition as to the description shall not be a breach of condition if it can be shown that the goods were so described by the seller merely to comply with some general rule or usage of trade and that the buyer, before entering into the contract, knew, or ought to have known, that the goods were not as described'. This section emphasizes the importance of both sample and description in a contract for the sale of goods. The section has been interpreted by courts to mean that where a sale is by both sample and description, the goods must conform to both. Failure to comply with either the sample or the description can lead to a breach of condition. However, if the seller can prove that the description was merely to comply with a trade usage and the buyer was aware of the discrepancy, the breach may not be considered material.