1. Definitions:
1.1 Contract means the contract for the provision of the Services. Customer means the person or business as set out on the Job Sheet whose request for the Services is accepted by LockRite Locksmiths Ltd. Price means the total charge calculated in accordance with the rates or charges on the Job Sheet, or if no charge has been quoted then a reasonable charge, which excludes VAT where applicable unless otherwise stated in writing. Deposit means any deposit requested and/or taken for the provision of Services and/or Additional Work as set out on a Job Sheet. Additional Work means any additional Services that are detailed in a Job Sheet that are additionally required to be carried or a subsequent supply of Services at a later date. Services means the provision of services, along with any LockRite Locksmiths Ltd supplied Goods, as set out on the Job Sheet for the Price agreed. Goods means the physical goods, parts or materials supplied to the Customer for the Price agreed. Order means the details as set out on the Job Sheet. Completion and/or Completed means the time and/or date on which LockRite Locksmiths Ltd deems the provision of the Services completed. Terms means these terms and conditions for the supply of Services.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 The plural shall also mean the singular and the singular shall also mean the plural.
2. Payment and Prices:
2.1Payment is due in full on Completion unless prior written agreement to the contrary has been made by LockRite Locksmiths Ltd in writing. Any overdue payments are strictly subject to clause 2.6.
2.2 The Price due for the Services is as shown on the Order. LockRite Locksmiths Ltd reserves the right to apply a surcharge to the Price for any payment by credit or debit card, however any such surcharge payable will be notified to the Customer, by LockRite Locksmiths Ltd, before taking payment by card.
2.3 LockRite Locksmiths Ltd reserves the right to alter or withdraw estimates or quotations at its discretion due to errors and omissions by LockRite Locksmiths Ltd, typographical, clerical or other errors or omissions in any website or other paper documentation or information that may be issued by LockRite Locksmiths Ltd shall be subject to correction without any liability on the part of LockRite Locksmiths Ltd unless such correction fundamentally changes the Customer's obligations under the Contract to the Customer's detriment in which case the Customer shall be entitled to cancel the Contract within 7 days of notification by LockRite Locksmiths Ltd
2.4 Any quotation shall lapse after 7 days, unless stated otherwise in writing, and may be withdrawn at anytime prior to the Customer's acceptance
2.5 In some circumstances the Customer may be asked to pay a Deposit. If the Deposit is subsequently not made within the required time, LockRite Locksmiths Ltd reserves the right to cancel the Order. If the balance of the Price is not paid, or the Customer cancels the Contract otherwise than as permitted LockRite Locksmiths Ltd shall be entitled to retain the Deposit.
2.6 If payment is not made in accordance with these Terms, LockRite Locksmiths Ltd, without prejudice to any rights of the Customer, understands and reserves the right to claim interest and compensation for debt recovery costs under the late payment legislation if LockRite Locksmiths Ltd is not paid according to the agreed Terms and the Customer shall additionally be liable to pay to LockRite Locksmiths Ltd all or any costs incurred in collection of outstanding moneys including Solicitor's fees and disbursements.
2.7 If LockRite Locksmiths Ltd has agreed with the Customer that the Price will be settled by a third party and LockRite Locksmiths Ltd does not receive payment in accordance with these Terms, the Customer shall remain liable at all times for payment of the Price and LockRite Locksmiths Ltd reserves the right to request immediate payment of the Price from the Customer. Any responsibility for recovering the Price from the third party will then be the sole responsibility of the Customer.
2.8 At any time before or during the supply of the Services as soon as it becomes aware at the same LockRite Locksmiths Ltd shall give written notice to the Customer of any increase in the cost to LockRite Locksmiths Ltd necessitating an increase in the Price which is a result of any problems onsite which could not reasonably have been foreseen or discovered at the time the Contract was termed or any change in specification of the Services which are requested by the Customer or as a result of any delay caused by any instructions of the Customer or failure of the Customer to give LockRite Locksmiths Ltd adequate information or instructions.
2.9 If the Customer fails to do so, or provides LockRite Locksmiths Ltd with incomplete, incorrect or inaccurate information or instructions. LockRite Locksmiths Ltd reserves the right to cancel the Contract by giving written notice to the Customer, or to make an additional charge of a reasonable sum to cover any Additional Work that is required.
2.10 No contract exists between the Customer and LockRite Locksmiths Ltd for the supply of the Services until LockRite Locksmiths Ltd has received and accepted the Customers signed Order. Once LockRite Locksmiths Ltd does there is a binding legal contract between LockRite Locksmiths Ltd and the Customer.
2.11 If the Customer is not a business and is private Consumer who is acting for purposes which can be regarded as outside their trade or profession then the Contract is subject to the Customer's right of cancellation. Nothing in these Terms will affect any Statutory rights of a Consumer:-
2.11.1 To exercise the right of cancellation, the Customer must give written notice to LockRite Locksmiths Ltd by delivering, or sending (including by electronic mail) to the contact details provided on the Order before the end of the 7 day cooling-off period. The Job Sheet has a cancellation form that can be used however the Customer does not have to use this form.
2.11.2 If the Customer has given written agreement to receive the Services within the 7 day cooling-off period then the Customer will still have to pay for the Services already provided.
3. Performance and Liability:
3.1 Details of the Services are set out on the Order.
3.2 LockRite Locksmiths Ltd shall use its best endeavours to provide the Services to a standard generally accepted within the trade or industry to be of acceptable quality. LockRite Locksmiths Ltd's liability in respect of any defect or sub-standard workmanship shall be limited to making good by repair any Services that are shown to LockRite Locksmiths Ltd's reasonable satisfaction to be defective or sub-standard or to refund the charge made by LockRite Locksmiths Ltd for the workmanship deemed to be sub-standard or defective. The sole decision as to whether the remedy shall be repair or refund will rest with LockRite Locksmiths Ltd.
3.3 The Customer will take all reasonable steps to comply with relevant health and safety legislation and other rules and regulations where the Services are to be performed at the Customer's premises.
3.4 The Customer will inform LockRite Locksmiths Ltd, in advance and/or at the initial time of contacting LockRite Locksmiths Ltd, of any potential hazards or precautions needed at the premises where the Services are to be performed. LockRite Locksmiths Ltd reserves the right to cancel the Order if, at its sole discretion, assesses at any time that there is a potential health and safety risk and this cannot be reasonably rectified or guarded against without additional time or cost to LockRite Locksmiths Ltd. If this has not been previously notified to LockRite Locksmiths Ltd by the Customer then the Customer shall be liable for any costs incurred by LockRite Locksmiths Ltd up to the time of frustration.
3.5 The Customer will obtain in advance permission for LockRite Locksmiths Ltd to enter any premises, work on or over party walls, fences, boundaries and suchlike belonging to third parties, where appropriate, and the Customer shall indemnify LockRite Locksmiths Ltd against any claims of whatsoever nature made by third parties arising out of LockRite Locksmiths Ltd's presence on or over their property except where such claims result directly from LockRite Locksmiths Ltd's negligence. The Customer shall be liable to LockRite Locksmiths Ltd for all loss or damage whether direct, indirect or consequentially suffered by us as a result of failure or delay by the Customer regarding the obligations referred to above.
3.6 LockRite Locksmiths Ltd may make any changes to the provision of the Services required to conform with safety requirements and / or legislation.
3.7 If the Services:-
3.7.1 include a gain entry request from the Customer then LockRite Locksmiths Ltd will use its reasonable efforts to gain entry using non destructive methods. However LockRite Locksmiths Ltd shall not be liable to the Customer for any failure to do so, or for any damage necessary to gain entry to satisfy the Order and the full Price shall remain due from the Customer even if entry is successfully gained by destructive means;
3.7.2 are to be provided in response to a water leak stop request from the Customer then LockRite Locksmiths Ltd shall not be liable to the Customer for any failure to stop any such leak, or for any damage caused by such a leak, or residual water that may have entered any hidden part of the structure, either before or after Completion.
3.8 LockRite Locksmiths Ltd may perform the Services in stages with each stage separately invoiced and paid for under the Contract.
3.9 The Customer acknowledges that painting and otherwise treating exposed or new surfaces resulting from the provision of the Services, including but not limited to any external timber parts is not part the Services, unless LockRite Locksmiths Ltd has agreed in writing to the contrary.
3.10 The Services by their very nature are often carried out in emergency, awkward, dirty or wet circumstances and in placing an order with LockRite Locksmiths Ltd for Services the Customer acknowledges, accepts the risk and agrees to not hold LockRite Locksmiths Ltd liable for any marking or damage that may occur in and around the area that the Services are to be performed as a direct consequence of the Services being supplied.
3.11 The Customer shall be responsible for the removal of spoil, waste, packaging or similar unless agreed by LockRite Locksmiths Ltd in writing.
3.12 LockRite Locksmiths Ltd shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Customer which is, are or turn out to be incomplete, incorrect or inaccurate.
3.13 LockRite Locksmiths Ltd shall not be liable to the Customer for any unforeseeable loss or damages arising from the provision or non-provision of the Services, including loss of profit or consequential loss or damage.
3.14 LockRite Locksmiths Ltd shall not be responsible to the Customer for any delay in performance or non-performance due to Force Majeure (including but limited to act of God, war, terrorism, power failure or other cause beyond the reasonable control of LockRite Locksmiths Ltd).,LockRite Locksmiths Ltd will make all reasonable attempts to promptly, upon the occurrence of any such causes, inform the Customer, stating that such cause has delayed or prevented its performance hereunder and thereafter shall take action within its power to comply with the Contract as fully and promptly as possible.
3.15 LockRite Locksmiths Ltd's liability in respect of any defect in the Services or shall be limited to making good by repair any Services that is shown to LockRite Locksmiths Ltd's reasonable satisfaction to be defective or sub-standard or to refund the charge made by LockRite Locksmiths Ltd for the part of the Services deemed to be sub-standard or defective. The sole decision as to whether the remedy shall be repair or refund will rest with LockRite Locksmiths Ltd.
3.16 LockRite Locksmiths Ltd will attempt to keep to any stated or arranged commencement, completion, appointment, delivery, installation or other such date or time given, but will not be liable for any failure to do so or for the consequences of any delay. Any time or date given by LockRite Locksmiths Ltd shall be an estimate only and shall not be the essence of the Contract.
3.17 LockRite Locksmiths Ltd may perform any of its obligations or exercise any of its rights hereunder itself or through any other party (including its employees, agents or subcontractors) approved by it provided that any act or omission by such party shall be deemed to be LockRite Locksmiths Ltd's act or omission.
3.18 The Customer agrees to fully and effectively indemnify LockRite Locksmiths Ltd, its employees, agents or subcontractors against all claims losses costs, including without limitation reasonable professionals' costs, and expenses made against LockRite Locksmiths Ltd arising from any loss injury or damage suffered by the Customer or a third party arising out of the Customer's breach of any legal obligations, clause(s) of these Terms, the rights of any third parties and/or the Customer's use or re-sale of the Services.
3.19 Nothing in these Terms affects any liability for death or personal injury caused by the LockRite Locksmiths Ltd's negligence or for fraudulent misrepresentation
4. Warranties and Guarantee
4.1 The Guarantee is conditional on the Customer fully complying with it's obligations under the Terms of the Contract.
4.2 LockRite Locksmiths Ltd guarantees its Services, including any Goods that form part of the Services, supplied shall be free of defects for a period of 3 months from Completion subject to the following:-
4.2.1 The Customer shall inspect the Services as far as reasonably possible immediately on Completion or as soon as reasonably possible after. LockRite Locksmiths Ltd will endeavour to make any defects good immediately but where LockRite Locksmiths Ltd is unable to immediately make good then a return visit shall be arranged by LockRite Locksmiths Ltd as soon as reasonably possible. The sole decision as to whether the work is made good immediately or on a return visit shall rest with LockRite Locksmiths Ltd. Any defects that were not immediately apparent or where inspection of the Services was not possible shall be notified to LockRite Locksmiths Ltd in writing within 7 (seven) days of the Completion. If such notice is not given by the Customer then LockRite Locksmiths Ltd will conclusively presume that the Services are in accordance with the Contract and the Customer shall be deemed to have accepted the Services.
4.2.2 The guarantee shall not apply to any adjustment or otherwise of, including but not limited to doors, hinges, keeps or on repairs to existing parts. Additionally LockRite Locksmiths Ltd will not accept liability for old and/or faulty third party equipment and any associated faults or otherwise, including but not limited to warping and non-aligned doors or other reasons outside its direct control.
4.2.3 After the expiry of the initial guarantee period in clause 4.2, LockRite Locksmiths Ltd additionally extends the Goods guarantee to 12 months from Completion or such other guarantee LockRite Locksmiths Ltd may receive from the manufacturer of the Goods. This extended guarantee on the Goods does not include labour and further charges will apply if the Customer wants LockRite Locksmiths Ltd to provide labour in these circumstances. Goods are supplied with a guarantee that they are fit for the purpose for which they are manufactured to the reasonable satisfaction of the Customer provided they are used and maintained as instructed or recommended by LockRite Locksmiths Ltd and/or Manufacturer. LockRite Locksmiths Ltd's liability in respect of any defect in the Goods supplied or incorporated in the Services provided by it shall be limited to making good by repair or exchange or refund of the original Price of the Goods, at LockRite Locksmiths Ltd's sole discretion, any Goods which are shown to LockRite Locksmiths Ltd's reasonable satisfaction to be defective under proper use and maintenance within any guarantee period: provided that such defective goods are promptly returned to LockRite Locksmiths Ltd's address carriage paid, however LockRite Locksmiths Ltd may at its own option repair goods on the Customer's premises. Return carriage to the Customer on Goods repaired or exchanged under this Clause will be borne by LockRite Locksmiths Ltd. In the event of LockRite Locksmiths Ltd dispatching replacement Goods at the urgent request of the Customer prior to receiving the returned Goods, then LockRite Locksmiths Ltd reserves the right to make a full charge for such Goods and for carriage and handling if the returned goods are shown not to be defective in accordance with the provisions hereof.
4.3 LockRite Locksmiths Ltd shall be under no liability relating to the Services:-
4.3.1 if any defects that arise from fair wear and tear, abuse, the Customer's negligence, abnormal working, conditions, failure to follow LockRite Locksmiths Ltd's instructions misuse or alteration of the Services without LockRite Locksmiths Ltd's approval; and/or
4.3.2 if any defects in the Services that arise from a drawing, design or specification supplied by the Customer; and/or
4.3.3 if the Customer fails to comply with clause 4.2.1 above.
5. Property and Risk:
5.1 Risk of damage to, or loss of the Goods shall pass to the Customer upon the earlier of delivery of the Goods to the Customer's premises or installation of the Goods in accordance with the Order.
5.2 Notwithstanding delivery or notification of availability for collection and the passing of risk in the Goods or any provision of these Terms, property in the Goods shall not pass to the Customer until LockRite Locksmiths Ltd has received full payment of the Price of all Services for which payment is then due.
5.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as LockRite Locksmiths Ltd's fiduciary agent and/or bailee and keep the Goods separate from those belonging to others, properly stored, protected, insured and clearly marked as LockRite Locksmiths Ltd's property.
5.4 Until property passes to the Customer LockRite Locksmiths Ltd shall be entitled to require the Customer to deliver the Goods to it and on failure to do so, within 7 days of such notice of re-delivery from LockRite Locksmiths Ltd, the Customer irrevocably authorises LockRite Locksmiths Ltd's representatives to enter the premises on which the Goods are situated and remove the Goods at the Customer's expense.
5.5 The Customer shall not be entitled to charge by way of security, or similar, for any indebtedness any of the Goods which remain LockRite Locksmiths Ltd's property but if the Customer does so all monies owing to LockRite Locksmiths Ltd by the Customer shall, without prejudice to any other right or remedy of LockRite Locksmiths Ltd's, forthwith become due and payable.
6. Termination
6.1 LockRite Locksmiths Ltd shall be entitled without limitation to terminate the Contract or suspend, temporarily or indefinitely, any Additional Work under the Contract without any liability to the Customer and where the Services have been supplied but not paid for, the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in any event that:-
6.1.1 the Customer ceases to, or threatens to cease to carry on business, makes any voluntary arrangement with its creditors, the Customer is placed into voluntary liquidation (other than voluntarily for the purpose of amalgamation or reconstruction) shall have a Winding Up Order made against it or if the Customer shall enter into any arrangement or composition with it's creditors or a moratorium put in place or if the Customer has an Administration Petition and/or Administration Order made and/or Administrator appointed or suffers a distress or execution to be levied on or a receiver appointed over any property used in connection with the Customer's Business, or being a Consumer, Partnership, Individual, firm or similar has a bankruptcy petition filed against it or becomes bankrupt;
6.1.2 LockRite Locksmiths Ltd reasonably believes that any of the Customer's actions may cause financial loss, legal liability or damage to the reputation of the Customer or LockRite Locksmiths Ltd or LockRite Locksmiths Ltd's directly related business partners, agents, sub-contractors, franchisor, licensor, franchisees, licencees or similar;
6.1.3 an encumbrancer takes possession or a receiver is appointed over any of the property or assets of the Customer;
6.1.4 the Customer breaches any one clause or more of these Terms and, where deemed remediable by LockRite Locksmiths Ltd, fails to remedy such breach within 7 days of a notice being given by LockRite Locksmiths Ltd to the Customer requiring such remedy;
6.1.5 LockRite Locksmiths Ltd reasonably suspects that the Customer has engaged in fraudulent or criminal activity relating to the Services;
6.1.6 LockRite Locksmiths Ltd reasonably believes that any of these events mentioned above is about to occur and notifies the Customer in writing of such.
7. General
7.1 These Terms together with the Order apply to the supply of the Services by LockRite Locksmiths Ltd. Any changes or additions to these Terms or the Order must be agreed in writing between the Customer and LockRite Locksmiths Ltd once the Order has been accepted by LockRite Locksmiths Ltd.
7.2 LockRite Locksmiths Ltd may change these Terms without notice to the Customer in relation to the provision of future Services and it is the Customer's sole responsibility to check the current Terms before ordering future Services.
7.3 LockRite Locksmiths Ltd shall supply the Services on these Terms to the exclusion of any other terms and conditions and any stipulations or conditions in a Customer's order which conflicts with or in any way negates these Terms shall be deemed to be inapplicable to the Contract unless expressly agreed to by LockRite Locksmiths Ltd in writing.
7.4 It is the sole responsibility of the Customer to ensure that the terms of the Customer's requirements, including but not limited to the relevant details in the Order, are complete and accurate.
7.5 LockRite Locksmiths Ltd will use the Customer's personal data for the purpose in relation to which the Customer has provided it. LockRite Locksmiths Ltd may however need to disclose personal data to a third party so that they can provide the Services requested, or to monitor the quality of the Services provided, or to fulfill a Subject Access Request, or to keep LockRite Locksmiths Ltd informed of offers or services LockRite Locksmiths Ltd believes may be of interest (unless the Customer has notified us otherwise). LockRite Locksmiths Ltd may additionally need to disclose information where there is a legitimate reason for disclosure (such as a court order) but LockRite Locksmiths Ltd will ensure that it always complies with any Data Protection or Privacy legislation in force. Any information about the Customer that LockRite Locksmiths Ltd may pass to a third party will be on the understanding that it is held securely by that party, in accordance with any Data Protection or Privacy legislation in force.
7.6 No failure of LockRite Locksmiths Ltd to exercise any power given to it or to insist upon the Customers strict compliance with any Terms of the Contract shall constitute any waiver of LockRite Locksmiths Ltd's rights.
7.7 It any provision of these Terms is held by any competent authority to be invalid and/or unenforceable in whole in part the validity of the other provisions of the Terms and the remainder of the Terms in question shall not be affected.
7.8 The Contract is between LockRite Locksmiths Ltd and the Customer and may be assigned by LockRite Locksmiths Ltd without the consent of or the need to give any notice to the Customer. The Customer shall not assign or otherwise transfer any rights, including without limitation benefits, or obligations that it may have under the Contract to any third party without LockRite Locksmiths Ltd's prior written consent.
7.9 Except as otherwise provided nothing in this Contract creates any right enforceable by any person or business not a party to it.
7.10 Any notice given hereunder must be given in writing, including by electronic mail and delivered to the residence, address or principle place of business of the party to whom it is addressed.
7.11 The Contract shall in all respects be construed and operate as a contract governed by English Law, shall be governed by the laws of England and subject to the non-exclusive jurisdiction of the English Courts
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