1. If the contracting parties disagree as to whether the subject matter of the sale conforms to the sample or model, and both the sample or model and the subject matter of the sale exist, the opinion of the experts shall prevail. 2. If the sample or model, by agreement of the parties, was in the possession of a third party of a third party and was damaged, destroyed, or lost, and the subject matter of the sale was specifically determined by its identity and agreed to be the subject matter of the contract, the seller's statement as to conformity shall prevail, unless the purchaser proves the contrary. If the subject matter of the sale was determined by kind, or was specifically determined by its identity but not agreed to be the subject matter of the contract, the purchaser's statement as to non-conformity shall prevail, unless the seller proves otherwise.
Interpretation and application must be checked against the official text and current version.