Higgins locksmiths – terms and conditions of service
When the following words with capital letters are used in these terms and conditions, this is what they will
mean: Contract: means these Terms together with the Job Sheet/Invoice.
Initial Price: means the cost specified in the Job Sheet/Invoice for the provision of Services.
Job Sheet/Invoice: means the information that We give to You on the telephone and/or in writing setting out
the details of the Services We will provide and the Initial Price payable.
Services: means the locksmith services We will provide to You as set out in the Job Sheet/Invoice which may
include but not be limited to any or all of the following:-
• Making properties safe and secure;
• Planned and responsive lock changes;
• Picking and replacing locks;
• General upgrading.
Terms: means the terms and conditions set out in this document.
We/Our/Us: means Higgins Locksmiths.
You/Your: means you the customer.
2. PLEASE READ THESE TERMS CAREFULLY
These Terms form an important part of the Contract and govern the way We will perform the Services for You.
If You do not understand something within these Terms You should consider asking a solicitor to advise You.
Alternatively You could ask Your local Citizen’s Advice Bureau or Your local authority’s trading standards
department for advice.
3. YOUR LEGAL RIGHTS
If You are an individual contracting for Your own private, non-business needs, You have certain legal rights
and remedies as a consumer and nothing in these conditions affects Your legal rights. If You want to know
more about Your legal rights as a consumer then contact Your local authority’s trading standards department,
the Citizen’s Advice Bureau or go on line at http://www.direct.gov.uk/consumer4. OUR AGREEMENT WITH YOU
4.1 If You agree to the scope and cost of the Services to be provided by Us (as specified in the Job
Sheet/Invoice) over the telephone, a contract will come into existence at this point between You and
4.2 If You agree the scope and cost of the Services to be provided by Us following an assessment of the
required works by Our locksmith and you sign a copy of the [Quotation/Job Sheet] to that effect then
a contract will come into existence at this point between You and Us.
4.3 Your right to cancel the Contract is set out in section 10.
4.4 Our right to cancel the Contract is set out in section 11.
4.5 If Our Job Sheet/Invoice includes any other terms called “additional terms and conditions” they will
form part of these Terms. If they are different to these Terms, the additional terms and conditions
shall be taken into account first.
5. THE SERVICES WE AGREE TO PERFORM FOR YOU
5.1 The specific detail of the Services that We agree to perform for You will be set out in the Job
5.2 We will agree with You an appropriate time when We will endeavour to attend the relevant premises
in order to perform the Services.
5.3 The Services are offered by Us on the basis that they will be provided as efficiently as reasonably
possible taking into account prevailing workloads, availability of personnel, weather, transport
conditions and the availability of parts and any other conditions upon which We are dependent but
which fall outside Our direct control.
5.4 Our agreement to perform the Services does not mean that We guarantee that We will be able to
repair or replace Your lock.
5.5 It is important that You understand what is included within the Services and what is excluded from
the Services. You are advised to read the Job Sheet/Invoice carefully which explains this.
6. PRICE AND PAYMENT FOR THE SERVICES (Click Here for PRICING POLICY)
6.1 The Initial Price You owe Us for the Services is set out in the Job Sheet/Invoice (or in any amendment
to the Contract We provide to You).
6.2 The price includes VAT. If the rate of VAT increases or decreases We will alter the price to match the
new VAT rate.
6.3 Unless otherwise agreed with Us (and noted on the Job Sheet/Invoice accordingly) you agree to pay
Us the Initial Price together with any additional costs (as referred to in paragraph 7 below) immediately upon completion of the Services and You shall ensure that payment is made available to
Us without unreasonable delay. Bank & PayPal payments are due within 14 days of the invoice date.
6.4 If you fail to pay Us as required in accordance with paragraph 6.3 above and We do not subsequently
receive full payment from You within 14 days of the date the payment is due you will be charged a late fee. Late fee is charged of £20 per week will be charged for ALL late bank & Paypal invoices.
6.5 We reserve the right (at our absolute discretion) to require advance payments, stage payments or
deposits before or during the provision of the Services. We shall specify any advanced payment or
other specific payment requirements to You before commencing the Services.
6.6 Payments may be made by cash, debit or credit card and the means of payment should be agreed in
advance of the Services being provided.
6.7 We may allow account facilities to be established for certain customers. Any such arrangements must
be agreed in advance and confirmed by Us in writing. Payment terms for approved account customers
are strictly thirty (30) days from the date of invoice and any queries in relation to an invoice must be
notified in writing to Our accounts office within seven (7) days of the customer receiving the invoice.
7. ADDITIONAL COSTS THAT WE CAN CHARGE FOR
7.1 The costs set out in this section 7 are in addition to the Initial Price You pay Us for the Services.
7.2 Our locksmith will tell You of any costs that You will need to pay in addition to the Initial Price in order
for Our locksmith to be able to complete the Services when he or she attends Your property. Such
additional charges are likely to include (but are not limited to) the cost of replacement parts and
additional labour time which could not reasonably have been anticipated prior to Our locksmith
attending Your property and inspecting the works required to be undertaken. You agree to pay Us the
additional costs immediately following our completion of the Services. If You do not want to pay the
additional cost, You can cancel the contract by informing Our locksmith before work commences.
7.3 If You do not, after being asked by Us, provide Us with all relevant information requested in order to
allow us to provide the Services, or You provide Us with incomplete or incorrect information, We may
make an additional charge of a reasonable sum to cover any extra work that is required in order to
provide the Services.
8. REASONS WHY WE WILL NOT PERFORM THE SERVICES
We will not have an obligation to perform the Services if any of the following happens:
8.1 We are unable to repair or replace Your lock as the necessary spare or replacement parts or locks are
no longer available.
8.2 You do not pay for all or any part of the Services as We have agreed and/or You do not provide
sufficient evidence of Your ability to pay for the Services as may reasonably be requested by Us.8.3 You do not provide Us with any necessary information that We have requested from You or the
information You do provide is incomplete, incorrect or generally regarded by Us to be insufficient. In
particular if You have failed to provide proof of identification and ownership of the property (or in
circumstances where You are a tenant or licensee, satisfactory evidence of the landlord or licensor’s
consent to the Services being delivered by Us).
8.4 You do not give Us access to Your property at the time that You agreed with Us.
9. ACCESS TO YOUR PREMISES
9.1 You agree that You will allow Us access to Your property at the time and date agreed by You and Us.
9.2 You agree that We may enter Your property to carry out the work or to recover any equipment or goods
of ours which We have left on Your property.
10. YOUR CANCELLATION RIGHTS
You can end the Contract in any of the following circumstances by writing to Us and telling Us:-
10.1 if We break the contract in some important way and We fail to fix the situation within 28 days of You
asking Us to in writing;
10.2 if We become insolvent, or become subject to an administration order or if We stop trading;
10.3 You give Us at least 48 hours’ written notice of Your intention to cancel the Contract.
11. OUR CANCELLATION RIGHTS
11.1 We can end the Contract in any of the following circumstances by writing to You and telling You:-
11.1.1 You fail to pay a sum when it is due to be paid or if You otherwise break this Contract in
some important way and You fail to fix the situation within 28 days of Us asking You to in
11.1.2 if We are no longer able to carry out the Services due to the law or due to regulatory
11.1.3 We give You at least 28 days’ written notice of Our intention to cancel the Contract.
11.2 If We end the Contract because of Your fault and any work has been carried out but not paid for by
You, then You must pay Us for that work as soon as the Contract ends.
12. IF THERE IS A PROBLEM WITH THE SERVICES
12.1 In the unlikely event that there is any defect with the Services or the locks supplied and fitted by Us
and such defect manifests itself in the twelve (12) month period immediately following completion of
the Services, please tell Us as soon as reasonably possible and give Us a reasonable opportunity to
inspect and repair such defect or to replace any defective lock as appropriate. 12.2 In the event that a defect is reported to Us in the twelve (12) month period following completion of
the Services and upon our inspection of the matter such defect is found to be genuine (and not the
result of deliberate or negligent damage) then we will use every effort to repair or fix the defect as
soon as reasonably possible. You will not have to pay for Us to repair or fix a defect in the Services
under this section 12.2
13. OUR LIABILITY TO YOU
13.1 We will take all reasonable care to avoid and/or minimise damage being caused to Your property
(including doors, walls, plaster work, decorations and floor etc.) in the course of Us providing the
Services. For the avoidance of doubt, We shall have no responsibility for making good any such
damage which does occur or for any cleaning or other associated costs linked to such damage.
13.2 We will not be liable to You for loss or damage due to the Contract unless We cause death or injury
through Our negligence.
13.3 If You are a consumer, We will not be responsible under this Contract for any loss or damage which
relates to any business of yours. Nothing in these Terms will affect Your right to bring legal action.
13.4 All parts supplied by Us and all materials used in carrying out the Services shall remain Our property
until payment is received from You in full.
14. EVENTS OUTSIDE OUR CONTROL
If either of us fails to meet any of our obligations under this Contract because of an event or circumstance
beyond our reasonable control we will not count this as breaking the Contract.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 We will use the personal information You provide to Us to:
15.1.1 provide the Services;
15.1.2 process Your payment for such Services; and
15.1.3 inform You about similar products or services that We provide, but You may stop receiving
these at any time by contacting Us.
15.2 You agree that We may pass Your personal information to credit reference agencies and that they may
keep a record of any search that they do.
15.3 We will not give Your personal data to any other third party.
16. LEGAL CONDITIONS
16.1 The Contract is governed by English law.16.2 You cannot transfer the legal rights to this Contract without Our written permission. We may transfer
any part of this Contract but Your rights and obligations under this Contract will remain unaffected. If
We transfer any of the rights and obligations under this Contract to another company the expression
“We” or “Our” will include that other company for the purposes of this Contract.
16.3 If We need to serve a notice on You under this Contract, We will send it to the address set out on Your
Job Sheet/Invoice. You must serve any notices on Us at the address shown below.
16.4 If any term of this Contract is held by the courts or any other legal or regulatory body to be invalid or
unenforceable, the rest of the terms of the Contract shall not be affected by such invalidity or
16.5 If You breach any contract between Us and We fail to enforce the provisions of the contract, Our
failure or silence should not be understood by You that We are giving up on Our rights and remedies.
If either We or You do give up on Our rights and remedies on one occasion, that does not mean that
We or You are doing so in respect of any other rights or remedies We may have.
17. ABOUT US
17.1 If You want to ask Us anything about these Terms or the Services We are performing for You or if You want to make a complaint, please contact Us. You can contact Higgins Locksmiths by telephoning 070 00 00 000 or by e-mailing Us at firstname.lastname@example.org or by a written letter within 24 hours of the issues arising. Address Higgins Locksmiths, C/O Dan Higgins,43 Doric road, New Brancepeth, DH77JE
18. CALL RECORDING
18.1 We will call record each call that comes in to our phones for our own protection and your protection, we do not need to inform you that we are recording calls and you agree to wave this right by calling us after reading our terms and conditions which you must have done before you contact us in any form, from phone, text, email or letter also in person or any other form of communication via video chat messenger or any social site communication. By contact us you agree to our terms and conditions in full and our pricing policy in full.
Many locksmiths state that they are police vetted on their websites but clearly as the MLA state that you cannot be police vetted or police checked but we made sure we found away for our company to be police checked, this shows that we have gone above and beyond our service guidelines to set a standard in our industry.
The Police will not check that any locksmith is a locksmith by trade or has any qualifications or insurance, so we went down to the Gateshead police station and had them check in to our company, we stated our trading address, what service we offer including auto entry and took the relevant paperwork with us to prove our business. Our owner Dan Higgins Independently submit our DBS / CRB documentation, our insurance documentation along with our certificates by City and Guilds and have a police officer agree that they have checked that we are 100% who we say we are and 100% accurate in what we offer! We had the police sign and date a document stating they had looked at each article and approve that is true.
If you have any issues with this then please submit a written letter to Higgins Locksmiths, C/O Dan Higgins,43 Doric road, New Brancepeth, DH77JE)
Higgins locksmiths offer a 24 hour service but sometimes in a very rare one of situation we cannot attend, this could be due to us been on a emergency job, where all units are on jobs, due illness or holidays or situations out of our control such as extreme weather or where a situation is deemed to dangerous for one of our technicians to be on site. We will recommend a locksmith or service in this situation but we aim to achieve a 98% success rate on 24 hour call outs.
Sometimes we may not be able to answer our phones is we are out on the road driving, in a meeting or on a call where we are using power tools. We will endeavour to get back to you as soon as possible. You have the option to leave a voice mail text message or email us for a call back.
We aim to attend each call in our company vehicles but sometimes situations out of our control may result in us having to use our own private vehicles to attend any job, this will not impact any work as we have all tools required to perform a professional job.
We do offer a bad weather service, many locksmiths will not attend in bad weather and when you’re locked out at -5c it’s no fun standing around. We do offer a 4x4 utility vehicle to get to the location, but even sometimes we cannot get out through excessive deep snow or water.
Our locksmiths have all undertaken winter survival courses on dealing with bad weather and hypothermia. It’s very rare we get called out to such situations but we will let you know if our service is available. Please see our bad weather pricing policy.
If our locksmiths are in any form of danger such as a repossession where thay me be or may not be someone sqauting, double letting or staying withought authority then we have the right to charge a danger fee or danger charge up to a maximum of 200.00.