NOTICE. We do not appoint agents for the sale on our behalf of our Motor Cycles or other goods, but we assign to Motor Cycle Dealers areas in which we supply to such dealers exclusively for re-sale in such areas. No such Dealer is authorised to transact any business, give any warranty, make any representation, or incur any liability on our behalf.
GUARANTEE. We give the following Guarantee with our Motor Cycles, Motor Cycle Combinations and Sidecars, which is given in place of any implied conditions, warranties or liabilities whatsoever, statutory or otherwise, all such implied conditions, warranties and liabilities being in all cases excluded. Any statement, description, condition or representa¬tion contained in any catalogue, advertisement, leaflet or other publication shall not be construed as enlarging, varying or over-riding this Guarantee. In the case of machines (a) which have been used for "hiring out" purposes or (b) any Motor Cycle and /or Sidecar used for any dirt track, cinder track or grass track racing or competitions (or any competition of any kind within an enclosure for which a charge is made for admission to take part in or view the competition) or (c) machines from which the Trade Mark, name or manufacturing number has been removed, no Guarantee, con¬dition or warranty of any kind is given or is to be implied.
We guarantee, subject to the conditions mentioned below, that all precautions which are usual and reasonable have been taken by us to secure excellence of materials and workmanship, but this guarantee is to extend and be in force for six months only from date of purchase, and damages for which we make ourselves responsible under this guarantee are limited to the free supply of a new part in exchange for the part of the Motor Cycle, Motor Cycle Combination or Sidecar which may have proved defective. We do not undertake to replace or refix, or bear the cost of replacing or refixing, such new parts of the Motor Cycle, Motor Cycle Combination or Sidecar. We undertake, subject to the conditions mentioned below, to make good at any time within six months, any defects in these respects. As Motor Cycles, Motor Cycle Combinations and Sidecars are easily liable to derangement by neglect, or misuse, this guarantee does not apply to the defects caused by wear and tear, misuse or neglect.
The term "misuse" shall include amongst others the following acts :
The attaching of a Sidecar to a Motor Cycle in such a manner as to cause damage or calculated to render the latter unsafe when ridden.
The use of a Motor Cycle or of a Motor Cycle and Sidecar combined, when carrying more persons or a greater weight than that for which the machine was designed by the manufacturers.
The attaching of a Sidecar to a Motor Cycle by any form of attachment not provided, supplied or approved by us, or to a Motor Cycle which is not designed for such use. Any Motor Cycle, Motor Cycle Combination or Sidecar sent to us to be plated, enamelled or repaired will be repaired on the following condition, i.e., we guarantee that all precautions which are usual and reasonable have been taken by us to secure excellence of materials and workmanship, such guarantee to extend and be in force for three months only from the time such work shall have been executed or until the expiration of the six months above referred to, and this guarantee is in lieu and in exclusion of any common law or statute, warranty or condition, and the damages recoverable are limited to the cost of any further work which may be necessary to amend and make good the work found to be defective.
CONDITIONS OF GUARANTEE. If a defective part should be found in our Motor Cycles, Motor Cycle Combinations or Sidecars, or in any part supplied by way of exchange before referred to, it must be sent to us CARRIAGE PAID, and accompanied by an intimation from the owner that he desires to have it repaired or exchanged free of charge under our guarantee, and he must also furnish us at the same time with the number of the machine, the date of the purchase or the date when the alleged defective part was exchanged as the case may be.
Failing compliance with the above, such articles will lie here AT THE RISK OF THE OWNER, and this guarantee and any implied guarantee, warranty or condition shall not be enforceable.
We do not guarantee specialities such as tyres, saddles, chains, electrical equipment, lamps, etc., or any component parts supplied to the order of the purchaser differing from the standard specifications supplied with our Motor Cycles, Motor Cycle Combinations, Sidecars or otherwise. NOTE. - We reserve the right to alter all Specifications and /or prices where necessary without notice.