The Company undertakes that on the immediate return of the
part which is alleged to be defective carriage paid or the Works
at Coventry it will examine the same and should any fault be
found by the Company on examination to be solely due to defective
material or workmanship the Company will repair the defective
part or supply a new part in place thereof free of charge and
send the same to the owner carriage forward.
- Should the owner prefer to send the car or chassis to the
Company for examination then on the car or chassis being
delivered carriage paid to (1) the Company's Works at Coventry or
(2) any one of the Company's service branches selected by the
Company within twelve calendar months from the date when the car
or chassis first left the Company's Works at Coventry, the
Company will examine the alleged defective part, and should any
fault be found by the Company to be solely due to defective
material or workmanship the Company will in addition to the
repair or replacement under clause 10 free of charge to the owner
dismantle and reassemble the portion of the car or chassis
involved and send the same to the owner carriage forward.
Dismantling and reassembling will not be done free of charge
after the first twelve months from the date formerly given.
- If at any time the Company makes either at the request of the
purchaser or otherwise any alteration in or addition to any car
or chassis such alteration or addition shall be deemed to have
been incorporated in the car or chassis when it first left the
Company's Works and shall accordingly come within the terms of
these agreements all the aforesaid conditions, warranties and
liabilities mentioned in Clause 9 being excluded.
- These agreements shall apply to parts repaired or replaced
under Clauses 10, 11 or 12, and the agreement as to such parts
shall run concurrently with and shall terminate on the same dates
as the corresponding agreements given under Clauses 10 and 11.
- If the Company although it is not liable to do so repairs or
replaces any part or parts either gratuitously or for a special
price then these agreements shall apply to such part or parts.
- The Company's responsibility is limited to the terms of these
agreements and it shall not be answerable for any contingent or
resulting liability or loss arising through any defect or for any
claim for labour, material or other expenditure incurred in
remedying any defect.
- While the Company desires to meet the wishes of its customers
as to detail yet it reserves the right to set its own standard of
the functioning of every part of the car and it gives no
guarantee as to performance or as to matching any particular
colours, upholstery or decoration and the above agreements as to
materials and workmanship shall not, nor shall the conditions
warranties or liabilities mentioned in Clause 9 relate to defects
caused by racing, wear and tear, dirt, misuse, accident or
negligence, and shall not apply (1) if the identification numbers
or marks on the car or chassis have been altered or removed or (2)
if the car or chassis has been let out on hire or (3) if the part
or parts is or have been repaired by any other person, firm or
company other than the Company without the Company 's written
consent or (4) if the total weight of the complete car with
equipment and passengers has at any time exceeded a weight to be
specified by the Company or (5) if the car or chassis has been
sold as a new vehicle by any agent for or dealer in motor
vehicles to any person (not being an agent for or dealer in motor
vehicles) at less than the full retail price set out in the
Company's price list current for the time being.
- These agreements shall not apply to any parts of the car or
chassis which are not manufactured b v the Company or any of its
Allied Companies, and all conditions, warranties and liabilities
whatsoever which exist either by Common Law, statute, or
otherwise relating to such parts are hereby excluded but the
Company shall give to the owners the benefit of any guarantees
given to it by the manufacturer of such parts as shall not have
been manufactured by the Company,
- These agreements are transferable to any person who purchases
the car or chassis from the owner.