Short answer. Where you buy by sample from a dealer in that kind of goods, the law implies a warranty that the goods are free from any defect making them unmerchantable that would not have been apparent on a reasonable examination of the sample. The delivery must also correspond to the sample shown.
What the law says
In the case of a contract of sale by sample, if the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.
Civil Code, Article 1565 — Warranty in a Sale by Sample. Read the full provision →
What a sale by sample is
A sale by sample is one where the parties intend the sample to represent the bulk — the seller shows a swatch, a tile, a jar, a length of cable, and the buyer contracts on the understanding that what arrives will be of that same character. It is not enough that a sample happened to be lying on the counter. The sample has to have been the basis on which the deal was struck, which is why quotations, order forms and messages that refer to the sample matter so much later. Where that is the arrangement, the seller undertakes that the bulk will correspond with the sample, and the buyer is entitled to a fair opportunity to compare the two.
The extra warranty this article adds, and its two limits
On top of correspondence, the law implies a warranty of merchantability — that the goods are fit to be sold and used as goods of that description. Two conditions cut it down. First, the seller must be a dealer in goods of that kind; a one-off private seller disposing of surplus is not covered by this particular implied warranty. Second, the defect must be one that would not be apparent on reasonable examination of the sample. A flaw you could have seen by looking properly at what you were shown is not protected, because you accepted it. Hidden defects — internal, chemical, structural, or ones that only show under use — are the target of the rule.
Correspondence and merchantability are different complaints
Keep the two apart, because they lead to different evidence. "It does not match the sample" is a complaint about correspondence: colour off, gauge thinner, grade lower. "It matches the sample but the whole batch is unusable" is a complaint about merchantability, and it is the one this article addresses. A delivery can match the sample perfectly and still be worthless, and it can be perfectly serviceable yet not be what you were shown. Note too that these implied warranties operate alongside, not instead of, whatever the seller expressly promised in writing, and an express undertaking of a particular quality stands on its own footing.
What to do, and what the rule does not give you
Act quickly and preserve proof. Keep the sample itself if you still hold it, photograph the delivery as received, stop using the goods, and put the complaint to the seller in writing with dates. Independent testing is often decisive where the defect is not visible. Be aware that actions on warranty in a sale are subject to short prescriptive periods, and delay in giving notice weakens a claim on its own. The article does not entitle you to a better grade than the sample, does not cover damage arising after delivery from your own handling or storage, and does not fix what your remedy will be — that depends on the contract and the facts.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Teresita B. Mendoza vs. Beth David, G.R. No. 147575, October 22, 2004 — read the decision on LawPhil →