AGNG Pumps Injectors Service Ltd whose registered address is Unit 19 Wedgwood Road, Bicester, Oxfordshire, OX26 4UL Condition of Sale.
Company Registration; 10652276
Version MD2 made on 20.06.2023
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it, and before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are subject to English law.
1. These Terms
1.1. What these Terms cover. These are the terms and conditions on which we supply Products and services to our customers.
1.2. Business customer and consumer? Depending upon whether you are a business or a consumer, in some areas you will have different rights under these Terms. You are a consumer if:
You are an individual;
You are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession.
1.3. If you are a business customer these Terms and our Privacy Policy and Terms of Website Use constitute the entire agreement between you and us and supersedes and extinguishes all previous arrangements, promise, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
2. AGNG Diesel. We operate our website www.agngdiese.com. AGNG Pumps Injectors Service Limited, a company registered in England and Wales under company number 10652276, with our registered office at Unit 19, Wedgwood road, Bicester, Oxfordshire, OX26 4UL. Our VAT number is GB572692021.
2.1. Contact us. You may contact us by telephoning our customer service team at 01869 247248 or email at enquiries@agngdiesel.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 22.
2.2. How we may contact you. In the case we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us with your order.
3. Our Contract with you
3.1. Checking your order. Our online order process allows you to check and amend any errors before submitting you order to us. Please take the time to read and check your order at each page of the order process.
3.2. After you have placed an order. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.3.
3.3. Acceptance of order. We will confirm our acceptance to you by sending you an e-mail confirming that your order has been accepted (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
3.4. No acceptance of order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexplained limits on our resources which we would not reasonably plan for. In the event that we cannot accept your order, a member of the customer services team will contact you by email to make you aware if there is a delay with processing your order.
3.5. Order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our Products
4.1. Products may vary slightly from their pictures. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
4.2. Product packaging may vary. The packaging of the Product may vary from that shown in images on our site.
4.3. Product availability. All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
5. Your right to make changes
If you wish to make a change to the Product you have ordered, please contact us. We will let you know if the change is possible. When possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Changes
6.1. Minor changes to the Products. We may change our Products or packaging to implement minor technical adjustments or improvements which will not affect your use of the Products.
6.2. Major changes to Products or substitutions. In addition, as we informed you in the description of the Product on our site, we may make more significant changes to these Terms or the Product, but if we do so we will notify you and you may then contact us to cancel before the changes take effect and receive a refund for any Products paid for but not received.
7. Right to vary these Terms
8.1. Amending the Terms. We amend these Terms from time to time. Every time you order Products from us, the Terms in force at that time and published on our web site will apply.
8.2. Revising the Terms. We may also revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and/or
(c) changes by our suppliers or changes in our usual business practice.
8.3. Revise of Terms. If AGNG revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Delivery costs. The costs of delivery will be as displayed to you on our site.
9.1. Delivery method. AGNG reserves the right to use various delivery companies and couriers. Following dispatch, it is the responsibility of the courier for the condition and timely delivery. agNG is not responsible for any damage to an item caused during transit.
9.2. When we are not responsible for delays outside our control. If our supply of the Products is delayed by an Event Outside Our Control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of any substantial delay you may contact us to cancel the order and receive a refund for any Products you have paid for but not received. See clause 13 for our responsibilities when this happens.
9.3. Failed delivery. If no one is available at your address to take delivery, and the Products cannot be posted through your letterbox, couriers should leave you a note informing you of how to rearrange delivery.
9.4. If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not rearrange delivery, or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery, we may cancel the order and clause 14.2 will apply.
9.5. When you become responsible for the Products. Products will be your responsibility from the time the Product is delivered to the address you have given us.
9.6. When you own the Product. You own the Products once we have received payment in full, including all applicable delivery charges.
9.7. Suspension of supply. We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) For account term customers shipping may be suspended in the event your account is on hold due to outstanding invoices. Check your payment terms or contact AGNG Diesel.
9.8. Your rights if we suspend the supply of Products. We will contact you in advance to advise you we will be suspending supply of the Product for any reason. In this case you may contact us to cancel the order.
9.9. Prices. All prices shown on our site or quoted are in pound sterling and are exclusive of VAT unless otherwise stated. Delivery, vat and any appliable bank charges, packaging or insurance charges will be clearly quoted and applicable to the buyer accordingly.
10. International Delivery
10.1. Delivery outside the United Kingdom. If you order Products for delivery outside the United Kingdom (International Delivery Destinations) then we will contact you to discuss delivery charges and associated details before accepting your order. However, there are restrictions on some Products and certain International Delivery Destinations, so we may not be able to supply certain Products to certain International Delivery Destinations and we will contact you to discuss this where applicable before accepting your order.
10.2. Import duties and taxes. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3. You will be responsible to pay import duties and taxes. Please contact your local customs office for further information before placing your order.
10.4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break such laws.
11. Rights to end the contract or cancel.
11.1. You can always end your Contract with us. Your rights when you end the Contract will depend on what Products you have purchased, whether there is anything wrong with them, when you decide to end the Contract and whether you are a customer or a business customer:
(a) Faulty, wrongly delivered or misdescribed product. In these circumstances the product may be returned for correct replacement or refund, assuming the product is in it’s original packaging, free of any damage and has not been used on any vehicle.
(b) If you are a consumer and have just changed your mind about the Product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods.
11.2. Order cancellations. If you are cancelling an order for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Product or these Terms which you do not agree to (see clause 6.2);
(b) we have advised you about an error in the price or description of the Product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control (see clause 13);
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 weeks; or
11.3. Exercising your right to change your mind if you are a consumer (Consumer Contract Regulations 2013). If you are a consumer, then for most Products bought online you have a legal right to change your mind within 14 days and receive a refund assuming the product is in its original packaging, free of any damage and has not been used on any vehicle.
These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
12. Order Cancellation notification: To end the Contract with us, please let us know by one of the following:
(a) Phone or email. Call customer services on 01869 247248 or by email enquiries@agngdiesel.com. Please provide your name, address, details of the order and, where available, your phone number and email address.
(b) By post. Simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. We will then send you an acknowledgement of receipt, usually via email.
12.1. Returning Products after cancellation. Product returns for refund will only be considered if adequately packaged and received in full saleable condition. All items must be sent to AGNG Diesel at the registered office address. It is the responsibility of the buyer/customer to ensure safe transit of all returned items. All items should be accompanied by the correct paperwork and returns number issued by AGNG.
If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the Contract.
12.2. When we will pay the cost of return. We will pay the costs of return:
(a) if the Products are faulty or misdescribed.
(b) if you are ending the Contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) in all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
12.3. Collection charges. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
12.4. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
12.5. When we may make a deduction from refund if you are a consumer exercising your right to change your mind. If you are a consumer exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which renders them unsaleable.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
12.6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 12.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
15. Warranty. All diesel products are remanufactured to the OE specification and individually tested to the manufacturer specified settings using the latest test plan data.
(a) Installation should only be carried out by a competent trained technician.
(b) Before installing a new diesel pump or injector confirm that the diagnosis is accurate, including identifying and curing the root cause of the failure.
(c) Warranty claims will be void if returned units are found to contain dirty or contaminated fuel. Units stripped and tested under warranty will be inspected with a forensic camera. Parts are non-returnable once fitted unless subsequently found to be faulty. it is unlikely that a complete set of injectors will be faulty so any potential claims for sets or multiples of injectors should be discussed with AGNG Diesel before removing.
(d) The most common causes of diesel pump and injector failure is fuel contamination: water, dirt, or incorrect fuel. The major diesel fuel injection systems manufacturers issued a common statement Sept 2009: Failure to adhere to these recommended fuel purity standards will invalidate the warranty.
(e) Also check that the part number being removed corresponds with the replacement part number, a direct replacement, or a correct supersession.
(f) Refer to the vehicle manufacturer specifications or repair data for additional information such as: torque settings, coding to vehicle ECU, priming/bleeding (pumps)and/or any other vehicle manufacturer related procedures, instructions or recommendations.
(g) Manufacturers recommend that all high-pressure pipes, fittings and seals are replaced when replacing injectors. Also ensure that combustion chamber seal is replaced and the injector seat is cleaned and re-cut, if required, to ensure it seals correctly.
(h) Diesel Systems operate under very high pressure, and it is important that Health and safety measures are observed and the minimum PPE should include eye protection and protective gloves.
(i) Units may be ‘wet’ in the internal packaging due to the calibration fluid used in the resting process. This is normal and is not cause for concern; calibration fluid is inert and non-flammable. Units are sealed, capped, and protected after testing then packed in anti-corrosive packaging before finally being labelled and boxed.
(j) Parts are non-returnable once fitted unless subsequently found to be faulty. It is highly unlikely that a complete set of injectors will be faulty.
DO NOT OPEN THE BAG UNTIL YOU HAVE CONFIRMED THAT THE PART CONTAINED WITHIN THIS BAG IS THE CORRECT PART NUMBER. Units returned for credit, where the sealed bag has been opened will not be eligible for full credit as testing fees to return to sealable condition will apply.
16. Warranty Period. Pumps and Injectors carry a 12-month warranty against manufacturing or remanufacturing defects, limited to the cost of the replacement part only. Consumables and other products have a 3-month warranty. Please refer to our full terms and conditions at www.agngdiesel.com. E-Bay orders are subject to warranty of 6 months only. Warranty can only be verified and validated upon production of proof of purchase and upon return of the unit for a test and report.
Warranty may be rejected if the part:
(a)Has been incorrectly installed or mis-diagnosed.
(b)Is physically damaged due to mis-handling.
(c)Is found to be contaminated with dirt and/or water or non-conforming biofuels or additives.
All units are fully tested following remanufacture/manufacture before being sealed and protectively packed.
(d)All warranties are restricted to the product supplied and will not cover any labour, fitting or further subsequent issues on the engine or vehicle.
How to Advise us about problems. If you have any questions or complaints about the Products, please contact us. You can telephone our customer service team at 01869 247248 or write to us at enquiries@agngdiesel.com.
17. Your rights in respect of defective Products if you are a business
17.1. If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any pump or injector shall:
(a) conform with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
Also, as far as we are able, we will pass on to you the benefits of any manufacturers’ warranties.
17.2. Subject to clause 17.3 if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 17.1;
(b) we are given a reasonable opportunity of examining such Product; and
(c) you return such Product to us at our cost, we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.
17.3. We will not be liable for a Product's failure to comply with the warranty in clause 17.1 if:
(a) you make any further use of such Product after giving a notice in accordance with clause 17.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;
(c)Warranty claims will be void if returned units are found to contain dirty or contaminated fuel. Units stripped and tested under warranty will be inspected with a microscopic forensic camera. Parts are non-returnable once fitted unless subsequently found to be faulty.
(d) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(e) you alter or repair the Product without our written consent; or
(f) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
17.4. Except as provided in this clause 17, we shall have no liability to you in respect of a Product's failure to comply with the warranty set out in clause 17.1.
17.5. These Terms shall apply to any repaired or replacement Products supplied by us under clause 17.2.
18. Price of Products and payment
18.1. Where to find the price for the Product. The prices and the Products will be the price indicated on the checkout pages or our quotation when you are ready to place your order, which will usually be exclusive of VAT (see clause18.2). We use our best efforts to ensure that the price of the Product advised to you is correct. However, please see clause 18.4 for what happens if we discover an error in the price of the Product you order.
18.2. We will pass on changes in the rate of VAT. You will have to pay VAT (where applicable) on the price of Products purchased at the applicable current rate then chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
18.3. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time, or for International Delivery Destinations will be as quoted by us (see clauses 9 & 10).
18.4. Incorrect pricing. Our site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. Prices are checked as part of our sales order processing.
18.5. Payment. We accept payment with most major credit and debit cards (and any cards that we don’t accept will be stated on our site’s payment pages at the time you pay). You must pay for Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
18.6. Credit accounts. Where you have a credit account with us, sperate terms and conditions may apply
18.7. Our right of set-off if you are a business consumer. If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
18.8. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
18.9. Incorrect Invoice: If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
19. Loss or damage
19.1. Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective Products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
19.2. Subject to clause 20.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract between us; and
(b) Subject to clause 20.1, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
20. Limitation of liability
20.1. Subject to clause 20.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential losses.
20.2. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
21. Communications between us
21.1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
21.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9:00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
21.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. Trade Marks and other intellectual property
22.1. The supply of Products to you does not grant you any right to use any related trade marks (except in the re-sale of the Products in the packaging supplied by us), or to use any of our patents, design rights or other industrial or intellectual property rights, and at all times those rights remain our property (or the property of our suppliers).
22.2. All written information, drawings, artwork, images and diagrams (excluding the Products themselves) supplied by us or featured on our site and the copyright in them and all other items used in the production of the Products shall remain our property. All such information we provide to you must be treated as confidential and not copied or disclosed to any third party without our prior written consent.
23. How we may use your personal information
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy
24. Other important Terms
24.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
24.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
24.3. Nobody else has any rights under this Contract (except someone you pass your guarantee on to). This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, except as explained in clause 25.2 in respect of out guarantee. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
24.4. If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.5. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
24.6. Which laws apply to this Contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
24.7. Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. We will provide you with details of an ADR provider in writing at the appropriate time if we cannot resolve your dispute, but this does not mean that we agree to resolve your dispute in that way, and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform until 31 December 2020.
24.8. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.