When the following words with capital letters are used in these Terms & Conditions.
Contract means these Terms together with the Job Sheet/Invoice. Initial price: means the cost specified in the Job Sheet/Invoice agreement via any form of contact for the provision of Services. Job Sheet/Invoice: This means the information that I give to You on the telephone or in writing, setting out the details of the Services. I will provide and the Initial Price payable. Services: means the locksmith services I will provide to You as set out in the Job Sheet/Invoice. It may include but not be limited to any or all the following:
Terms & Conditions form an essential part of the Contract and govern how I will perform the Services for You.
If You do not understand something within these Terms, You should consider asking a solicitor to tell You. Or, You could ask Your local Citizen’s Advice Bureau or Your local authority’s trading standards department for advice. Before calling, please read our terms and conditions and pricing policy. Please note you agree to these when booking us via any form of communications. Terms and Conditions, Pricing Policy.
Suppose You are an individual contracting for Your own private, non-business needs. In that case, You have certain legal rights and remedies as a consumer. And nothing in these conditions affect 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. Or call the Citizen’s Advice Bureau or go online at http://www.direct.gov.uk/consumer
4.1 If You agree to the scope and cost of the Services (as specified in the Job Sheet/Invoice) over the telephone, a contract will come into existence at this point between You and Us. 4.2 If You agree to the scope and cost of the Services to be provided by Us following an assessment of the required works by me, Higgins 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 I.
4.3 Your right to cancel the Contract is set out in section 10.
4.4 My right to cancel the Contract is set out in section 11. 4.5 If Our Job Sheet/Invoice includes any other terms called “extra terms and conditions”, they will form part of these Terms. If they are different from these Terms, you must consider the extra terms and conditions.
5.1 The specific detail of the Terms & Conditions that I agree to perform for You will be set out in the Job Sheet/Invoice.
5.2 I will agree with You an appropriate time when I will endeavour to attend the relevant premises to perform the Services.
are offered by Me on the basis that they will be provided as possible, taking into account prevailing workloads. Availability of Myself, weather, transport Conditions and the availability of parts and any other conditions WE are dependent on but fall outside my direct control.
5.4 Our agreement to perform the Services does not mean that I guarantee that I 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. WE advice you to read the Job Sheet/Invoice, which explains this.
5.6 If I cannot attend a job due to an emergency or issue, I will Not hand work off (outsource) to anyone franchises or businesses in the area
. You agree to this when booking in any work.
6.1 The Initial Price You owe Me for the Services is set out in the Job Sheet/Invoice (or in any amendment to the Contract I provide to You).
6.2 The price does not include VAT as I do not charge VAT.
6.3 Unless otherwise agreed with Me (and noted on the Job Sheet/Invoice accordingly). You agree to pay Me the Initial Price together with any extra costs (as referred to in paragraph 7 below) immediately upon completion of the Services. And You must ensure that payment is made available to Me without unreasonable delay. I accept Cash payments for residential customers. Only Businesses are permitted to pay by Bank or PayPal and are due within 30 days or as specified on the invoice. Only the Manager/Office Manager mat approve a person to pay by bank transfer.
6.4 If you fail to pay Me as required following paragraph
6.5 above, and WE do not
subsequently receive full payment from You within 23 hours of the date the payment is due, and you will be charged a late fee. Late fee is charged with £25 per day will be charged for ALL overdue invoices.
. WE will specify any advanced amount or other specific payment requirements to You before commencing the Services.
6.7 Payments may be made by
cash, bank transfer. 6.7 I may allow account facilities to be established for specific customers. Any such arrangements must be agreed in advance and confirmed by Me in writing. New Approved Clients Terms & Conditions must be agreed to via email before any work is carried out. Payment terms for approved account customers are strictly 30 days from the date of invoice. And any queries in relation to an invoice must be notified in writing to My accounts office within seven days of the customer receiving the invoice.
6.8 Until all goods
are paid for in full, and then I own the goods in your property to where if I see fit can charge you a hire fee of up to £25 per day for the use of the items and any more charges for removal of these items.
6.9 Failure to pay the balance will result in the parts fitted being removed from your door as they have not been paid. This is done without notice. All parts remain the property of me, the Higgins Locksmith, until paid. I will seek the outstanding amount plus more fees by using a 3rd party debt collection agent. And where necessary, request & enforce County Court Judgements against any person/company who fails to pay.
7.1 The costs set out in this Section 7 are besides to the Initial Price You pay Me for the Services.
7.2 I will tell You of any costs that You will need to pay in addition to the Initial Price for Me to be able to complete the Services when I attend Your property. Such extra charges are likely to include (but are not limited to) the cost of replacement parts.
And extra labour time, which could not reasonably have been anticipated before Our locksmith attending. Your property and inspecting the works required to be undertaken. You agree to pay Me the extra costs immediately following our completion of the Services. If You do not want to pay the extra fee, You can cancel the Contract by informing Our Me before work commences.
7.3 If You do not provide Me with all relevant information requested to allow Me to provide the Services, or You provide Me with incomplete or incorrect information
. I may make an additional charge of a reasonable sum to cover any extra work required to provide the Services.
I will not have an obligation to perform the Services if any of the following happens:
8.1 I’m 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 I have agreed or You do not provide
sufficient evidence of Your ability to pay for the Services as may reasonably be requested by Me.
8.3 You do not offer Me any necessary information that I have asked for from You or the information. You do provide incomplete, incorrect or generally regarded by Me to be insufficient. In particular, if You have failed to prove the property’s identification and ownership (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 Me).
8.4 You do not give Me access to Your property at the time that You agreed with Me.
9.1 You agree that You will allow Me access to Your property at the time and date agreed by You and Me.
9.2 You agree that I may enter Your property to carry out the work or recover any Mine equipment or goods that I have left on Your property.
10.1 When you book a work, you have the right to cancel the appointment. You should call to cancel within 30 minutes of Me arriving and cancel without calling in advance to withdraw. A £50 attendance charge is payable immediately cash only.
10.2 If I break the Contract in some critical way and I fail to fix the situation within 28 days of You asking Me too in writing
10.3 if I become insolvent, or become subject to an administration order or if I stop trading;
11.1 I 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 critical way, and You fail to fix the situation within 28 days of Us asking You to in writing.
11.1.2 If I am no longer able to carry out the Services due to the law or regulatory reasons.
11.1.3 I give You at least 28 days’ written notice of My intention to cancel the Contract.
11.2 If I end the Contract because of Your fault and any work has been carried out but not paid for by You. Then You must pay Me for that work as soon as the Contract ends.
12.1 Locks – All locks & labour are covered with a six (6) months warranty from the fitment date. All British Standard locks fitted I provide three new original keys. If additional keys are required, Higgins Locksmiths will offer locksmith-standard keys at an extra cost. The warranty is only valid if the original keys or extra keys provided by Higgins Locksmiths are used to lock/unlock. Should Non-Locksmith-Standard keys be used, i.e. keys purchased at cobblers, in automatic key cutting machines etc., the warranty is invalid. Non-Locksmith-Standard can cause the lock to fail due to metal fragments renaming on the keys when cut.
12.1 Gear Boxes – All gearboxes & labour are covered with a six (6) month warranty from the fitment date. In the unlikely event that there is any defect with the Services or the UPVC gearbox supplied and fitted by Me and such deficiency manifests itself in the six (6) month period immediately following completion of the Services. Please tell Me as soon as possible and allow Me to inspect and repair such defects or replace any defective parts as appropriate.
12.2 If a defect is reported to Me in the six (6) month period following completion of the Services. And upon our inspection of the matter, such fault is genuine (and not the result of deliberate or negligent damage). Then I will use every effort to repair or fix the fault as soon as reasonably possible. You will not have to pay for Me to repair or restore a defect in the Services under section 12.2
13.1 I will take all reasonable care to avoid or cut the damage being caused to Your property. Including doors, walls, plasterwork, decorations and floor etc., in the course of Me providing the Services. For the avoidance of doubt, I shall have no responsibility for doing right any such damage which does occur or for any cleaning or other associated costs linked to such damage.
13.2 I will not be liable to You for loss or damage due to the Contract unless I cause death or injury through Our negligence.
13.3 If You are a consumer, I 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 Me and all materials used to carry out the Services
shall remain Our property until payment is received from You in full.
Suppose 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.
15.1 I will use the personal information You provide to Me.
15.1.1 provide the Services.
15.1.2 process Your payment for such Services.
15.1.3 inform You about similar products or services that I provide, but You may stop receiving these at any time by contacting Us.
15.2 You agree that I may pass Your personal information to credit reference agencies and that they may keep a record of any search that they do.
15.3 I will not give Your data to any other third party.
16.1 The Contract is governed by English law.
16.2 You cannot transfer the legal rights to this Contract without Our written permission. I may transfer any part of this Contract, but Your rights and obligations under this Contract will remain unaffected if I transfer any of the rights and obligations under this Contract to another company. The expression “I” or “ME” will include that other company for the purposes of this Contract.
16.3 If I need to serve a notice on You under this Contract, I will send it to the address set out on Your Job Sheet/Invoice or any form of communication. You must serve any notices on Me 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 agreement shall not be affected by such invalidity or unenforceable.
16.5 If You breach any contract between Us and I fail to enforce the provisions of the Contract, My failure or silence should not be understood by YOU that WE are giving up on My rights and remedies. If You or I give up on Our rights and remedies on one occasion, that does not mean that Me or You are doing so about any other rights or remedies I may have.
16.6 I have the right to update these terms and conditions at any time I see fit.
17.1 Late payment fees apply after 23 hours of none payment. Suppose you agree to My service via any communication in person, on the phone, via text or email. In that case, you agree to My terms and conditions and pricing policy. You agree that if you fail to pay Higgins Locksmiths by the date set out in any invoice or format, then WE will add a late fee payment to your bill of £25 to a maximum of £500. You also agree that you will pay any retrieval costs or detrimental costs for me to use bailiffs and court costs.
WE can again charge rental for our hardware while in use at £100 per day.
Alternative payment methods must be discussed on the day before signing any paperwork, or electronic signatures are applied to any document. Failure to do so will result in a late fee being applied to each bill and a £12 admin fee. Any person who fails to pay will result in their lock being disabled without notice. Failure to pay the balance will result in the parts fitted being removed from your door as they have not been paid, and this is done without notice.
All parts remain the property of the locksmith until paid for. I shall seek the outstanding amount plus additional fees by using a 3rd party debt collection agent and, where necessary, request & enforce County Court Judgements against any person/company who fails to pay.
1 Higgins Locksmiths may call record from time to time without giving you prior notice, and I advise you to thoroughly read our terms and conditions and pricing policy before calling Higgins Locksmiths. By calling myself, you agree to these terms and conditions and pricing policy. As part of this agreement, you wave any right to stop ourselves from call recording. Call recordings are for both our benefit. I may also use these call recordings for training and quality.
1 I use body-worn cameras for both or safety, and WE do not need to notify YOU that these are in operation. You agree to filmed on our cameras which can be used in a court of law, by booking an appointment with ourselves,. You can request a copy of the recording in writing with two forms of ID along with a £20 admin fee to the address below.
1 If YOU want to ask ME anything about these Terms or the Services I am performing for You or if You want to make a complaint, please Contact Us. You can contact Higgins locksmiths by telephoning 07885430700 or by emailing Us at [email protected] or by a written letter within 24 hours of the issues arising. 3 Blue Coat Buildings, Claypath, Durham DH3 1FH
Before calling, please read our terms and conditions and pricing policy. Please note you agree to these when booking us via any form of communications.