ABSTRACT

Andrews Brothers (Bournemouth) Ltd v Singer and Company Ltd (1933) CA

By a ‘Main Dealers’ Agreement’, the defendants appointed the plaintiffs to be their sole dealers within a certain area ‘for the sale of new Singer cars’ and the plaintiffs agreed to buy a certain number of the cars. Clause 5 of the agreement said:

All cars sold by [the defendants] are subject to the terms of the warranty set out in Sched No 3 of this agreement, and all conditions, warranties and liabilities implied by statute, common law or otherwise are excluded.