Thank you for choosing the AGA Care service and repair plan for your AGA heat-storage cooker (‘AGA Care’). These terms and conditions (the ‘Terms’) constitute the entire agreement between you and AGA Rangemaster Limited (company number: 03872754) (‘AGA’) in relation to AGA Care. AGA reserves the right to amend these Terms at any time. In the event of a change to these Terms, AGA will notify you in writing.
Wherever the following capitalised words and phrases appear in these Terms, they will have the meaning set out below.
AGA Authentic Upgrade means the official upgrade work that AGA carries out to AGA Cookers;
AGA Cooker your AGA product that is the subject of the AGA Care plan;
AGA Engineer means an engineer instructed and authorised by AGA to carry out any work relating to the AGA Cooker;
AGA Module means any AGA freestanding or integrated cooker module;
Cover Start Date means the day on which your AGA Cover starts as confirmed by AGA;
Extended Term has the meaning set out in Clause 2.2;
Fee means the fees payable by you to AGA for the provision of AGA Care;
Force Majeure Event means an event that is beyond the reasonable control of AGA, including but not limited to, government acts, war, riots, civil commotion, acts of terrorism, chemical contamination, fires, explosions, storms, floods, lightening, earthquakes, strikes, adverse weather, shortages and unavailability of parts or products;
Health Check means an inspection of an AGA product undertaken by an AGA Engineer;
Initial Term has the meaning set out in Clause 2.1;
Parts means any parts of an AGA Cooker;
Property means the property where your AGA Cooker is installed;
Services means the services offered under the AGA Care plan as outlined in Clause 4;
Term means the Initial Term plus any and all Extended Terms.
1.1. Gas, oil, electric and AGA heat-storage cookers in addition to AGA Modules are eligible for AGA Care. To be automatically eligible for cover the product must:
(a) be less than 15 years of age; and -
(b) have been inspected by AGA within the last 18 months.
Any product aged 15 years or older or which has not been inspected by AGA within the last 18 months may still be eligible for cover, but will first be subject to a Health Check by AGA carried out by AGA after your enrolment on the plan. Following the Health Check, AGA may make recommendations on upgrade work or other repairs that it recommends are carried out. Such recommendations must be implemented for the product to be eligible for cover and the cover will not start until such recommendations have been implemented. Implementation of such recommendation will not be included as part of the Services, but may be carried out by AGA for a separate charge. If your product does not satisfy the Health Check and you do not want to implement the recommendations made, we will cancel the plan and give you a refund of any payment you have made towards the plan.
1.2. In addition, to be eligible for cover all products must: (a) be in full working order at the Cover Start Date; and (b) remain within economical repair at all times throughout the Term.
1.3. AGA cookers that have benefitted from an AGA Authentic Upgrade and meet the eligibility criteria outlined in Clauses 1.1 and 1.2 above will also be eligible for AGA Care.
1.4. Certain cookers are not eligible for AGA Care, including solid fuel AGA cookers, Rayburn Heatrangers, Rayburn Cookmaster, Stanley products and converted AGA cookers. AGA may add to this list at its discretion.
1.5. Notwithstanding the above, the decision to accept an AGA Cooker onto the AGA Care plan is entirely at AGA’s discretion and AGA reserves the right to refuse or withdraw the AGA Care plan for any appliance it deems ineligible at any time in its sole and absolute discretion.
2.1. The cover provided by AGA Care begins on the Cover Start Date and shall continue for a minimum term of twelve months from that date unless cancelled in accordance with Clauses 11 or 12 (the ‘Initial Term’).
2.2. The Term may continue after expiry of the Initial Term on a rolling basis for successive periods of twelve months (each such period being the ‘Extended Term’) at the end of the Initial Term, and at the end of each Extended Term, providing uninterrupted AGA Care cover as provided below:
(a) If you choose to pay by Direct Debit, the term of your AGA Care plan shall automatically extend for successive Extended Terms unless you have given at least 30 days prior written notice of termination before expiry of the Initial Term or the relevant Extended Term (as the case may be).
(b) If you are not paying by Direct Debit, the Term will automatically expire on expiry of the Initial Term or an Extended Term (as the case may be) unless you have paid the annual Fee for the next Extended Term prior to expiry of the Initial Term or Extended Term (as the case may be).
3.1. The Fee payable is variable in accordance with the fuel type and age of your AGA Cooker.
3.2. AGA reserves the right to amend the Fee at any time at its sole and absolute discretion. You will be notified in advance of any proposed changes to the Fee during the Term.
3.3. The Fee can be paid annually by credit card, debit card or cheque or by Direct Debit either annually or in 12 monthly instalments.
3.4. A Direct Debit may be cancelled at any time but any outstanding Fees at the time of cancellation for the current Initial or Extended Term must be paid in full by card or cheque.
3.5. A small additional premium will be added to the Fee to provide AGA Care to Properties located within the M25. Please contact AGA for information on our current price list.
4. The AGA Care Plan
4.1. In consideration of the Fee, AGA shall provide you with the following Services under the AGA Care plan:
4.1.1. Servicing of your AGA Cooker for the recommended number of services each year for its fuel type in accordance with AGA’s recommendations (the ‘Service Schedule’). It is your responsibility to arrange for services in accordance with the Service Schedule. Although AGA will try and contact you to notify you that a service is due in accordance with the Service Schedule, AGA does not accept any responsibility for any failure to make contact with you or if you fail to respond or otherwise cooperate;
4.1.2. If your AGA Cooker suffers a breakdown that is covered by the AGA Care plan, AGA will send out an AGA Engineer to assess and, if possible, repair your AGA Cooker. The costs of the AGA Engineer and the affected Parts are covered by AGA Care; and
4.1.3. If during a service or repair by AGA, AGA believes that any functional Parts of your AGA Cooker may fail before your next service is due in accordance with your Service Schedule, AGA may as a pre-emptive measure replace those Parts free of charge. This pre-emptive replacement of Parts is entirely at AGA’s discretion and based on AGA’s assessment.
4.2. The following Parts are covered for repair or replacement as part of the Services. Please note, AGA Care does not cover any cosmetic issues with the Parts as further outlined in Clause 5.1.
|Spare Parts||Oil||Gas||30 Amp||13 Amp||Total Control 3|
|Pilot Injector/Main Injector||N/A||Y||N/A||N/A||N/A|
|Insulating Dome Seals / Dome Liners||Y||Y||Y||Y||Y|
|Lid Hinge Assy||Y||Y||Y||Y||Y|
|Door Seals / Liners / Door Pins||Y||Y||Y||Y||Y|
|Flue Thermostat / Flue Fan||N/A||Y||N/A||N/A||N/A|
|Oven Vent Fan||N/A||Y||Y||Y||Y|
|Electrical Controller / PCB||N/A||Y||Y||Y||Y|
|Buzbar Leads / Buzbar Assy||N/A||N/A||Y||N/A||N/A|
4.3. If your AGA Cooker is beyond economic repair (as determined by AGA in its discretion), AGA may cancel the AGA Care plan and refund your payment of the Fee on a pro-rata basis in accordance with Clause 12.2.
5.1. The following are excluded from the cover provided by AGA Care and AGA will not be liable for any of the following:
5.1.1. any AGA heat-storage cooker not eligible for AGA Care in accordance with these Terms;
5.1.2. any defects, loss or damage known to you before the Cover Start Date;
5.1.3. accidental damage;
5.1.4. any issue caused by the fitting of any accessory or part that is not a genuine AGA product or is not fitted by an AGA Engineer;
5.1.5. any issue caused by any work carried out on your AGA Cooker by any person other than an AGA Engineer;
5.1.6. any issue caused by failure to maintain or follow the manufacturer’s instructions or any wilful neglect;
5.1.7. the replacement or repair of your AGA Cooker if it is deemed, in AGA’s opinion, to be beyond economical repair;
5.1.8. repair of cosmetic items including, but not limited to, the enamelled top and front or lids of your AGA Cooker, gold plated components and any cosmetic issues with any Parts;
5.1.9. any upgrades you wish to have carried out to improve your AGA Cooker;
5.1.10. any repairs or replacements that are necessary due to a change in legislation or health and safety guidelines;
5.1.11. normal day-to-day maintenance of your AGA Cooker.
5.2. AGA will not be liable for any of the following:
5.2.1. any failure to perform a service or repair due to problems with access to the Property or the AGA Cooker and/or your failure to arrange or rearrange appointments;
5.2.2. any losses caused by any delays in obtaining Parts;
5.2.3. any loss or damage arising as a result of disconnection from or interruption to the gas or electricity mains services to the Property;
5.2.4. any failure by AGA caused by your failure to co-operate with AGA or comply with your obligations in these Terms;
5.2.5. any loss or damage arising as a result of a Force Majeure Event; and
5.2.6. any loss or damage arising from an AGA Engineer’s access to your Property (unless such damage is a result of the AGA Engineer’s negligence).
5.3. The AGA Care plan does not cover dismantling and/or re-installing an appliance to move it to a different part of the property (e.g. as part of a kitchen refurbishment). However AGA may be able to carry out such work for an additional cost that is on a discounted basis for AGA Care members. Please contact us for a quote.
5.4. Unless AGA has directly caused it, AGA will not be responsible for any loss or damage to the Property, including without limitation, any damage to the AGA Cooker or to any fixtures or furniture.
5.5. AGA Engineers will use their reasonable efforts to tidy up any mess they have caused but AGA is not responsible for any construction, structural repairs or decoration work.
6. Limitation of Liability
6.1. Nothing in these Terms shall limit AGA’s liability for death or personal injury resulting from its negligence or fraud.
6.2. Except as expressly covered in this Agreement, to the fullest extent permitted by law, AGA shall not be liable to you for any costs, expenses, loss or damage, whether indirect or consequential and whether economic or other arising under these Terms.
6.3. Other than as set out in these Terms, AGA gives no other warranty or representation as to the Services or any other matter relating to these Terms, including, without limitation, any assurance on service level, response times or repair times.
7. AGA Obligations
7.1. AGA will meet its obligations under these Terms within a reasonable timeframe unless it is impossible due to a Force Majeure Event or any circumstances outside AGA’s control. If AGA cannot meet its obligations under these Terms, AGA will try to notify you and to provide a timeframe of when AGA will be able to meet its obligations under these Terms.
8. Access to Property
8.1. It is your responsibility to allow AGA Engineers to access your Property and the AGA Cooker and to ensure a responsible adult is present to help with any queries. If the AGA Engineer cannot gain access to either the Property or the AGA Cooker or cannot otherwise get your cooperation, AGA shall not be responsible for any failure to carry out its obligations or for any loss or damage incurred.
9. Contact Us
9.1. If you need to send us any notice us contact us for any other reason, please use the details below:
9.1.1. in writing, to AGA Rangemaster Limited, Station Road, Ketley, Telford, TF1 5AQ;
9.1.2. in writing, by email to email@example.com; or
9.1.3. by phone, on 0800 093 0302 or 01952 643149.
10.1. The cover provided by AGA Care is non-refundable and cannot be transferred to another property or another AGA heat-storage cooker.
10.2. In the event of a sale of a Property that includes an AGA Care covered AGA Cooker, the AGA Care plan may be transferred to the new owner of the Property if the new owner contacts AGA and confirms in writing it wants to accept the AGA Care cover. Until we receive such notice and confirm our acceptance in writing, the responsibility of paying the Fee will remain with you and any outstanding balance of the Fee must be paid to AGA in full.
11. Cancellation by You
11.1. If you wish to cancel your AGA Care plan, please notify AGA in writing at least one month before the end of the Initial Term or relevant Extended Term and your AGA Care plan will be terminated at the end of the Initial Term or relevant Extended Term. If you want to terminate at any other time, you are liable to pay the full cost up to the end of the Initial Term or relevant Extended Term.
12. Cancellation by AGA
12.1. Without prejudice to any other rights or remedies that AGA may have, AGA reserves the right to cancel your AGA Care plan by written notice sent to your Property in the following circumstances:
12.1.1. failure by you to make a payment by the due date;
12.1.2. cancellation of your Direct Debit payment and your failure to pay the remainder of the Fee;
12.1.3. if there are any health and safety issues at your Property or with your AGA Cooker;
12.1.4. if you do not give AGA Engineers access to your Property;
12.1.5. if, in AGA’s opinion, you use abusive or threatening language or behaviour towards AGA Engineers or staff;
12.1.6. if you fail to follow any of AGA’s instructions or recommendations, including your failure to follow the Service Schedule; or
12.1.7. if you are seriously in breach of these Terms. 12.2. If at any point during the Term, your AGA Cooker becomes uneconomical to repair in AGA’s opinion, AGA may cancel your AGA Care plan on giving you written notice and refund the Fee for the balance of the Initial Term or relevant Extended Term on a pro rata basis.
13. Your Privacy and Data Security
13.1. This section explains how we use the information that we collect about you during the course of the AGA Cover. We will tell you if there are any significant changes to the information that we collect and how we use it. 13.2. AGA may use the information we collect to:
13.2.1. provide you with the services you have asked for; 13.2.2. contact you to help improve the services we provide and to get your feedback;
13.2.3. help prevent or detect debt, fraud and loss; and
13.2.4. contact you for marketing purposes by email, mail or telephone with relevant offers from AGA, our affiliates and partners, including without limitation the following AGA Rangemaster Group brands and companies: AGA, Rayburn, Rangemaster, Falcon, Mercury, La Cornue, AGA Cookshop, Divertimenti, Grange, Fired Earth and Leisure Sinks. We may also contact you for market research purposes. You can opt out of some or all communication at any time by telephoning us on 0870 7561 238 or by writing to the Group Data Protection Manager at Head Office or via firstname.lastname@example.org, quoting Security and Privacy Enquiry.
14.1. The failure by AGA at any time to enforce any of the terms, provisions or conditions of these Terms or to exercise any right thereunder shall not constitute a waiver of the same or affect its right thereafter.
15. Entire Agreement
15.1. These Terms constitute the entire agreement and understanding of both parties relating to the subject matter of these Terms and supersedes any previous agreement or understanding between you and AGA in relation to such subject matter. By applying for the AGA Care plan and being accepted by AGA you accept these Terms and acknowledge you have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms. You agree to irrevocably and unconditionally waive all claims, rights and remedies which but for this clause you may otherwise have had in relation to any of the foregoing. Nothing in this clause shall limit or exclude any liability for fraud, fraudulent misrepresentation or fraudulent misstatement.
16. Governing Law
16.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales and you and AGA both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.