Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ In a sale by sample, the per­son to whom the sample was en­trus­ted is not ob­liged to prove that the sample he presen­ted is identic­al with the one re­ceived; his per­son­al as­sur­ance to the court is suf­fi­cient, even where the sample presen­ted has altered in form since de­liv­ery, provided that such al­ter­a­tion was a ne­ces­sary con­sequence of the ex­am­in­a­tion made of the sample.

² In any event the oth­er party is en­titled to prove that the sample is not the same one.

³ If the sample has been spoiled or been des­troyed while in the pos­ses­sion of the buy­er, even if he was not at fault, the onus is not on the seller to prove that the ob­ject con­forms with the sample, but on the buy­er to prove the con­trary.