(V) the sample all description goods. ACT, 1930 2.1 description. In case the goods correspond with the sample but do not tally w s that the bulk of the goods supplied shall correspond both w 15]: Where the goods are sold by sample as well or vice versa or both, the buyer can repudiate the contract. Example: A agreed with B to sell certain oil described as refined sunflower oil, warranted only equa sample. The goods tendered were equal to sample, but contained a mixture of hemp oil. B can reject Condition as to quality quality y or fitness [Section 16(1)]: Ordinarily, there is no implied condition as to y or fitness of the goods sold for any particular purpose. However, the condition as to the reasonable fitness of goods for a particular purpose may be imp if the buyer had made known to the seller the purpose of his purchase and relied upon the skill judgment of the seller to select the best goods and the seller has ordinarily been dealing in th goods. Even this implied condition will not apply if the goods have been sold under a trademark patent name. Example 1: 'A' bought a set of false teeth from 'B', a dentist. But the set was not fit for 'A's mout rejected the set of teeth and claimed the refund of price. It was held that 'A' was entitled to do so a only purpose for which he wanted the set of teeth was not fulfilled. Example 2: 'A' went to 'B's shop and asked for a 'Merrit' sewing machine. 'B' gave 'A' the same and A the price. 'A' relied on the trade name of the machine rather than on the skill and judgement of the 8. In this case, there is no implied condition as to fitness of the machine for buyer's particular pur As a general rule, it is the duty of the buyer to examine the goods thoroughly before he buys the order to satisfy himself that the goods will be suitable for his purpose for which he is buying them is known as rule of caveat emptor which means "Let the buyer beware". Condition as to Merchantability [Section 16(2)]: Where goods are bought by description f seller who deals in goods of that description (whether he is the manufacturer or producer or not) is an implied condition that the goods shall be of merchantable quality. Provided that, if the buyer has examined the goods, there shall be no implied condition as r defects which such examination ought to have revealed. The expression "merchantable quality", though not defined, nevertheless connotes goods o a quality and in such a condition a man of ordinary prudence would accept them as goods description. It does not imply any legal right or legal title to sell. Example 1: If a person orders motor horns from a manufacturer of horns, and the horns suppl Scratched and damaged owing to bad packing, he is entitled to reject them as unmerchantable Example 2: A bought a black velvet cloth from C and found it to be damaged by white ants. H condition as to merchantability was broken. Condition as to wholesomeness: In the case of eatables and provisions, in addition to the condition as to merchantability, there is another implied condition that the goods shall be who yphoid germs. F's wife consumed the milk was liable to pay da