CONDITIONS OF SALE

1. Delivery is made at works. Every endeavour is made to meet the wishes of purchasers, but delivery on a specified date cannot be guaranteed. Should the Company be prevented from making delivery owing to any Act of God, strikes, lockouts, combinations of workmen, accidents, riots, fire, existence of war, or any cause whatever beyond its control, or should the Company supercede, or alter, or abandon the design or type of car or chassis contracted for, it shall be at liberty to cancel or suspend the agreement without incurring any liability for any loss or damage which may arise to the purchaser therefrom.
2. The Company reserves the right to alter the design or to substitute a corresponding type without notice.
3. Should the Purchaser not pay the Company for the car and/or chassis on due date, the Company may, unless otherwise mutually arranged, resell the same after ten days' notice and any loss sustained shall be repaid to the Company by the Purchaser.
4. If before delivery the Company's prices for cars or chassis shall be increased or decreased the altered price be deemed to be substituted for the prices mentioned.
5. If a customer's car shall be driven by one of the Company's employees, the employee shall to deemed for all purposes to be the servant of the customer who shall be entitled to all rights and shall discharge all liabilities incident to that relationship.
6. Any contract of sale may be declared by the Company to be at an end if at any time the name of the purchaser being a motor trader shall appear in the "Stop List" of the Motor Trade Association or if the purchaser commits any breach of any of these conditions, or not being a limited company becomes bankrupt, or compounds, or makes any arrangement with his creditors or if being a Limited Company such Company goes into liquidation whether compulsory or voluntary or has a Receiver appointed of its assets. In any such case the Company may resell the car and/or chassis and any loss sustained shall he repaid to the Company by the purchaser.
7. The relationship between the Daimler Company and motor traders (notwithstanding that they are known in the trade as "Agents") is that which exists between vendor and purchaser and is not that which exists between principal and agent,
8. No car and/or chassis shall without the written permission of the Company, be exhibited at any exhibition in the United Kingdom of Great Britain and Ireland other than any exhibition held by the Society of Motor Manufacturers and Traders Limited or approved of by that Society for the exhibition of motor vehicles and goods by its bond-signers. In case of any breach of these provisions the Purchaser shall pay to the Company for every such breach the sum of £250 (two hundred and fifty pounds) as ascertained and liquidated damages which it is agreed the Company would sustain, or such other sum as the Company may be ordered to pay by the Society of Motor Manufacturers and Traders Limited. Any sum due in respect of such damages may be assigned by the Company to anyone.
9. Every car or chassis carries the following express agreements, which take the place of and exclude all conditions, warranties and liabilities whatsoever which exist either by Common Law, statute or otherwise.
10. (a) If within five years from the date when the car or chassis first left the Company's Works at Coventry, any defect is alleged by the owner in the materials or workmanship [except as specified in (b)]. or
    (b) If within twelve calendar months from the date when the car or chassis first left the Company's Works at Coventry, any defect is alleged by the owner in the materials or workmanship used in the painting, varnishing, enamelling, or upholstering or in any other work used in the decoration of a car or chassis (which must be dealt with under Clause 11 Sub clause 1).