Legal Definitions - sample sale

Definition: A sale in which the parties understand that the goods exhibited are the standard with which the goods not exhibited correspond and to which all deliveries should conform. Any sample that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.

Example: A clothing store holds a sample sale to sell off their excess inventory. The clothes on display are the samples, and customers can purchase the same items in different sizes or colors. The samples set the standard for the quality and style of the clothes being sold.

Explanation: In a sample sale, the samples are used as a reference point for the goods being sold. The samples are the standard with which all deliveries should conform, and any deviation from the sample could be considered a breach of warranty. This type of sale is common in the fashion industry, where designers and retailers use samples to showcase their upcoming collections.