Legal Definitions - sample sale

A sample sale (also known as a "sale by sample") occurs when a seller provides a small, representative portion of goods to a buyer, and the buyer makes a purchase decision based on the quality, characteristics, and appearance of that sample. In such a transaction, there is a legal understanding that the larger quantity of goods delivered will match the sample in all material respects, such as quality, type, and condition.

This creates an express warranty, meaning the seller legally guarantees that the bulk goods will conform to the sample. If the delivered goods do not match the sample, the buyer may have legal recourse because the seller has breached this warranty.

Examples:

• Fashion Industry Fabric Purchase: A clothing manufacturer is sourcing fabric for a new line of shirts. A textile supplier provides them with a small swatch of organic cotton fabric, showcasing its weave, color, and texture. The manufacturer examines the swatch, confirms it meets their quality standards, and places an order for 1,000 yards of the fabric. The understanding is that the entire 1,000 yards delivered will be identical in quality, color, and feel to the swatch provided.

  Explanation: The fabric swatch is the "sample." The manufacturer's bulk purchase is a "sale by sample" because their decision was based on the sample, and the supplier is legally obligated to deliver bulk fabric that matches the sample's characteristics.

• Home Renovation Tile Purchase: A homeowner is remodeling their bathroom and visits a tile store. They take home a single tile to see how it looks with their bathroom's lighting and existing fixtures, and to test its durability against moisture. Satisfied with the sample tile, they order enough tiles to cover their entire bathroom floor and walls.

  Explanation: The single tile taken home is the "sample." The homeowner's purchase is a "sale by sample" because they relied on the sample to make their decision. The store guarantees that the delivered tiles will match the sample in appearance, quality, and specifications.

• Bulk Agricultural Product Procurement: A large bakery chain is looking for a new supplier of specialty flour. The potential supplier sends a 5-pound bag of their organic whole wheat flour for the bakery's head baker to test in various recipes. After successfully baking several batches of bread and pastries with the sample, the bakery chain places an order for 50 tons of the same flour.

  Explanation: The 5-pound bag of flour is the "sample." The bakery chain's bulk purchase is a "sale by sample" because the decision to buy in large quantities was based on the characteristics and performance of the sample. The supplier is legally bound to ensure the 50 tons of flour delivered match the quality and characteristics of the sample provided.