A.J.S. 16MS, Instruction Book

Page: 90 / 94

GUARANTEE
We give the following guarantee with our motorcycles, motorcycle 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 representation contained in any catalogue, advertisement,
leaflet or other publication shall not be construed as enlarging, varying or overriding this guarantee,
In the case of machines (a) which have been used for " hiring-out " purposes or (b) any motorcycle
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, condition 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 motorcycle, motorcycle 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 part in the motorcycle, motorcycle 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 motorcycles, motorcycle combinations and sidecars are easily liable to
derangement by neglect, or misuse, this guarantee does not apply to defects caused by wear and
tear, misuse or neglect.
The term " misuse " shall include amongst others the following acts :—
1. The attaching of a sidecar to a motorcycle in such a manner as to cause damage or
calculated to render the latter unsafe when ridden.
2. The use of a motorcycle or of a motorcycle and sidecar combined, when carrying more
persons or a greater weight than that for which the machine was designed by the
manufacturers.
3. The attaching of a sidecar to a motorcycle by any form of attachment not provided,
supplied or approved by us or to a motorcycle which is not designed for such use.
Any motorcycle, motorcycle combination or sidecar sent to us to be plated, enamelled or repaired
will be repaired upon the following conditions, 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 motorcycles, motorcycle 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 standard specification*
supplied with our motorcycles, motorcycle combinations, sidecars or otherwise.
NOTICE
We do not appoint agents or 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.
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