Garton King Appliances Ltd Terms and Conditions

THESE TERMS AND CONDITIONS ARE SPECIFIC TO THE SALE, INSTALLATION AND MAINTENANCE OF AGA BRANDED PRODUCTS AND ALSO GARTON KING’S RETAIL FINANCE OFFERING.

Garton King Appliances Ltd, trading as Garton King Appliances/The AGA Shop, is one of the oldest distributors of AGA cookers in the United Kingdom and are therefore experienced in most issues that might arise at the installation/delivery of your AGA cooker. It is important to read all of our terms and conditions, but it is useful to draw attention to the specific point below.

9. All relevant site preparation must be completed prior to the assembly of a cooker as the price quoted is based on the assumption that delivery, assembly and commissioning are completed on the same day. Further visits necessitated due to incomplete site work or other causes outside the control of the Company will be subject to a further charge.

Terms and conditions

  1. The following are the Standard Conditions of Sale of Garton King Appliances Ltd trading as Garton King Appliances/The AGA Shop, herein called “the Company,” applicable to all agreements for sale, sales, deliveries, repair or maintenance provided by the Company.
  2. All orders accepted by the Company from the Customer are accepted on the terms and conditions and exceptions contained herein (and such variation or replacement thereof as may at any time be in force) and on no other terms conditions or exceptions. No other term condition or warranty of any nature whatsoever shall be added hereto unless expressed in writing and signed by an Officer of the Company. No servant or agent of the Company has authority to agree any oral variation or modification of or addition to these terms and conditions and exceptions in any circumstances whatsoever. Except as otherwise herein provided all conditions and warranties express or implied statutory or otherwise relating to the Company’s goods or to any container or package in which such goods may be supplied are hereby excluded insofar as may be permitted by law. The Company shall be entitled at any time and from time to time to vary or replace the terms conditions and exceptions contained herein without notice.
  3. The Company’s liability in respect of all goods supplied by the Company shall be limited to giving the Customer the benefit of any guarantee or warranty given by the manufacturer of such goods. The Company shall not be under any further liability howsoever arising and all conditions and warranties expressed or implied by or under statute custom or trade usage are hereby expressly excluded.
  4. The risk in the Company’s goods shall pass on delivery to the Customer or his agent.
  5. The property in the Company’s goods shall pass to the Customer forthwith upon payment to the Company by the Customer of the full purchase price thereof and until such payment the Customer shall hold the Company’s goods in a fiduciary capacity as bailee thereof on behalf of the Company, shall deliver the same up to the Company upon demand and shall not deal with the Company’s goods except in accordance with the written instructions of the Company.
  6. Estimates are based on costs which are subject to fluctuation and the Company reserves the right to pass on such variations as appropriate.
  7. Estimates are limited to such work as specified therein and are exclusive of any site preparatory work undertaken by other trades employed by the Customer.
  8. Site requirements and cooker dimensions are detailed in the manufacturer’s installation instruction leaflet relevant to each appliance (further copies available on request) and it is the responsibility of the Customer to ensure that proper instructions and a copy of the installation instructions are given to other trades responsible for site preparatory work.
  9. All relevant site preparation must be completed prior to the assembly of a cooker as the price estimated is based on the assumption that delivery and assembly and commissioning are completed on the same day. Further visits necessitated through circumstances arising from incomplete site work or other causes outside the control of the Company will be subject to a further charge as indicated within the Company’s Installation details and Exclusions.
  10. A deposit of the amount indicated within an estimate is payable at the time an appliance is ordered. In the event of the cancellation of an order this deposit is non-refundable unless such cancellation is made within fourteen days of the date of order. The Company reserves the right to charge the Customer with all costs incurred in the event of the cancellation of an order unless such cancellation is made within fourteen days of the date of order.
  11. Forward orders are accepted on condition that the sale price on the date of delivery shall be the price for the order unless otherwise agreed in writing by the Company.
  12. A pro-forma invoice is dispatched with confirmation of order of an appliance. Full payment of the balance is required on order unless otherwise agreed in writing with the company, or if the customer is opting to purchase on finance. Payment for maintenance service or repair work including spare parts or components fitted should be paid up front before the work is completed, unless otherwise agreed in writing by the Company. Maintenance service or repair work including spare parts or components fitted will be charged at the Company’s rates prevailing at the time the work is carried out. In the event of the Company being unable to complete repairs due to the unavailability of components or that in the Company’s opinion the appliance is beyond repair the Customer shall be charged only for such work as has been carried out.
  13. Payments may be made by a credit card acceptable to the Company and no charge will be made by the Company for using said payment method due to changes in current legislation that prohibit the Company charging the Customer to cover for the service charge levied by the credit card company. 
  14. Whilst every effort will be made to adhere to estimated delivery installation commissioning or maintenance dates it is a condition that no liability (direct or consequential or otherwise) to the Customer or any other person is accepted by the Company if for any reason delivery installation or commissioning or maintenance is delayed beyond these dates, including any delays in obtaining replacement components required to complete repairs.
  15. The Company shall not be responsible for any loss or damage caused by the incorrect operation or treatment of an appliance including interference with the controls of any equipment as set by the Company or as a result of the use of incorrect fuel and any repairs so necessitated shall be charged to the Customer.
  16. Before the Company carries out any work all outstanding contract fees charges and invoices shall have been paid by the Customer.
  17. The Company reserves the right to refuse to service or repair any appliance that upon inspection is found to be such that the appliance has not been installed in accordance with the manufacturer’s recommendations or cannot be maintained in accordance with the appropriate schedule of maintenance.
  18. Installations and maintenance works will normally be carried out Monday to Friday inclusive (excluding public holidays) during normal working hours 8.15 a.m. to 4.15 p.m. Any work outside these hours at the request of the Customer shall incur additional cost at premium rates.
  19. PLEASE NOTE A MINIMUM CALL OUT CHARGE MAY BE CHARGEABLE TO YOU THE CUSTOMER IF: 1.The authorised AGA service engineer who calls at your home finds no fault with the AGA. 2. Other parts of your plumbing system or flue, are either faulty or do not comply with the appropriate installation instructions. 3.The unit is more than 12 months old. or 4. If it is deemed the product has been misused.
  20. The Company is registered for VAT and all charges will be subject to VAT in accordance with the VAT regulations prevailing at the time of supply.
  21. The Company’s liability with regard to technical advice is strictly limited to the information contained in the installation instructions issued by the manufacturer for the appliance concerned. We are not qualified to give any technical advice and therefore cannot accept responsibility for Builders’ work or building construction or modification including flues, chimneys or chimney linings, hot water or heating systems, electrical sub circuits, gas or oil supply pipes to the point of connection to the appliance. The Company shall not be responsible for the maintenance of or repairs to flues, chimneys or chimney linings, hot water or heating systems, electrical sub circuits, gas or oil supply pipes to the point of connection to the appliance
  22. Any modifications to the flue of an appliance being necessary as a result of excessive or inadequate draft cannot be assessed accurately until all flue conditions have been experienced with the appliance under fire. The Company cannot accept any responsibility for any problems which occur through unsuitable or inadequate chimney arrangements and any additional costs incurred shall be the responsibility of the Customer.
  23. The Customer accepts responsibility for ensuring that the appliance installation and it’s use always complies with relevant statutes bye-laws and regulations.
  24. The above will not affect your statutory rights related to your purchase with us, under the Consumer Rights Act 2015 which Garton King Appliances Ltd as a reputable retailer adheres to. This includes, but is not limited to, the ‘Consumer’s right to reject’ the appliance and obtain a full refund within 30 days of delivery, if the appliance is faulty and unusable and this fault cannot be reasonably rectified by Garton King or AGA within this timeframe, or an accepted action plan put in place to rectify the fault within an accepted timeframe taking into account availability of suitable constitute parts and materials.