Note: “Incomplete” means that I do not have a complete contract upon which to determine whether a manufacturer included the particular clause in its dealer agreement. Because the 1908 White contract did not report its warranty, I cannot determine its qualifications for suppliers’ parts.

     In its 1904 and 1905 agreements, Ford indicated that it was reprinting the “standard warranty” adopted by the National Association of Automobile Manufacturers on August 12, 1902. The entire warranty reads as follows:


<EXT>We, The Ford Motor Company, of Detroit, Mich., warrant all goods furnished by us for sixty days following the date of their shipment, based upon the date of invoice covering the goods, this warranty being limited to the replacement in our factory of all parts giving out under normal service in consequence of defect of material or of workmanship.

           If the circumstances do not permit that the work shall be executed in our factory this warranty is limited to the shipment, without charge, of the parts intended to replace those acknowledged to be defective.

           It is, however, understood that we make no warranty whatever regarding pneumatic tires or the batteries.

           We cannot accept any responsibility in connection with any of our motor cars when they have been altered outside our factory.

           We are not responsible to the purchaser of our goods for any undertakings and warranties made by those selling cars manufactured by us beyond those expressed above.

           We wish it distinctly understood that we make no warranty of our goods except as stated above, but desire and expect that customers shall make a thorough examination of our goods before purchasing.

Ford added the following two clauses:

<EXT>(a) The party of the second part shall send to the said party of the first part at Detroit, Mich., such part or parts as are claimed to be defective promptly on the discovery of the claimed defect; transportation to be prepaid by party of the second part and said part or parts to be properly cased for shipment and clearly marked with the name and full address of the sender, and with the number of the automobile from which such part or parts were taken. (b) The party of the second part shall mail to said party of the first part at Detroit, Mich., on or before shipment to said first party of such part or parts claimed to be defective, a full and complete description of the claim and reasons therefor.


Among other notes on its warranty, Ford’s 1908 contract added that the manufacturer’s “judgment” regarding defects was “final and conclusive.” From 1908 through 1912-13, similar statements appeared in Ford agreements. Beginning with its 1910-11 contract, Ford no longer covered parts for 90 days, but warranted “all such parts as shall under normal use and service appear to have been defective in workmanship or material.” In its 1911-12 contract, Ford required that the car buyer had “registered his name, address and date of purchase and number of car and model” with Ford in order to be covered by the warranty. Its 1912-13 agreement and its 1913-14 “Buyer’s Order” form carried similar requirements. Ford’s warranty was printed in the buyer’s order rather than its contract for 1913-14. This warranty was shorter than earlier warranties, but included the stipulation that the car buyer have registered his or her car, and like warranties in earlier contracts, stated that Ford took no responsibility for cars “altered outside of its own Factories or Branch Shops.”

      In regard to suppliers’ parts, Studebaker’s 1911 contract, clause I, specifically guaranteed all parts for one year “as a means of increasing the sales of E. M. F. `30’ and Flanders `20’ cars.” The clause declared: “This guaranty includes all material and all equipment (tires excepted) used in connection with the construction of such automobile.”

     I report information for the 1914 agreement between Maxwell’s distributor and its Oklahoma dealer. This agreement instructed that “[e]ach purchaser” be “given the standard warranty of the National Automobile Chamber of Commerce.” Chalmers offered the same guarantee in its 1914 agreement, but did not explain the terms of this standard warranty. The National Automobile Chamber of Commerce was the industry’s trade association.

      For repairs, manufacturers frequently included general statements instructing dealers to maintain repair facilities. I found one Ford 1909 contract (NA) in which the clause was omitted, but four Ford contracts from that year in which it was included. For 1910, Ford included its repair clause in its “1910--Dealer’s License & Agreement--1911” but not in its “1910--Limited Dealer’s License & Agreement--1911.” Ford contracts for dealers and limited dealers included a repair clause during the next three years. Dodge’s 1914 agreement carried a statement to encourage the creation of “Dodge Bros. Service Stations,” which received an added discount in the purchase of repair parts and were intended to better serve Dodge customers.

Sources: For Ford’s dealer agreements, see Ford 1903 agreement (NA--New York); Ford 1904 agreement (NA); Ford 1905 agreement (NA); Ford 1906 agreement (NA); Ford 1907 agreement (NA); Ford 1908 agreement (NA); Ford 1909 agreements (NA); Ford 1909 agreement (HF); Ford 1912-13 agreement, blank form (NA); Ford Limited Agency Contract 1913-14 (HF); and Ford Limited Agency Contract 1914-15 (HF). For Ford’s 1913-14 buyer’s order, see “1913--Buyer’s Order & Agreement--1914,” Folder 75-31-30, Box 31, Acc. 75, HF; Maxwell Motor Sales Corporation “Dealer’s Agreement” [1915] no date; and Dodge 1914 agreement.