Terms Of Business

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO THE LIMITS TO OUR LIABILITY IN CLAUSE 3. AND YOUR RIGHTS OF RETURN AND CANCELLATION IN CLAUSE 6.

1. Definitions:

1.1 These Terms and Conditions govern the supply of Goods and Services sold by Lockrite Locksmiths Ltd (No. 06345788) of 8 Christow Road, Marsh Barton, Exeter, Devon. EX2 8QP (we and us) to the customer (you). Our VAT number is 916750024.

1.2 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.

1.3 All orders placed by you and purchases of services & (or) goods from us (whether in-person, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) by delivery of the services & (or) goods to you; or (ii) by providing the services & (or) goods you have purchased to you at the trade counter, at which point a legally binding contract is constituted between you and us.

1.4 The plural shall also mean the singular and the singular shall also mean the plural.

2. Payment and Prices:

2.1 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.3). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in such circumstances.

2.2 Payment 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.

2.3 The Price due for the Goods & (or) Services is as shown on the Order. LockRite Locksmiths Ltd does not apply a surcharge to the price for any payment made by credit or debit card, however we do reserve the right to refuse any card company whose charges are deemed to be excessive.

2.4 The processing of your payment and acknowledgment of your order (including sending you an email or calling you by phone, confirming your order is being processed) does not constitute legal acceptance of your order.

2.5 Any quotation shall lapse after 7 days, unless stated otherwise in writing, and may be withdrawn at any time prior to the Customer's acceptance

2.6 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.

2.7 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.

2.8 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.

2.9 At any time before or during the supply of Goods or Services as per section 2.5 and 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 and to 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.

2.10 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.

2.11 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 or specific performance of our service has been completed by one of our accredited locksmiths. Once LockRite Locksmiths Ltd does there is a binding legal contract between LockRite Locksmiths Ltd and the Customer.

2.12 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 you as a Customer.

2.13 To exercise the right of cancellation, the Customer must give written notice to LockRite Locksmiths Ltd by delivering, or sending (also includes electronic email) to the contact and job details provided on the Order/Invoice or via the internet, before the end of the 14 day cooling-off period. Our email, freephone number and job details can be found on the electronic copy of your invoice.

2.14 A contract is deemed to be legally binding once a written order has been received by the customer. The customers 14 day cooling-off rights will not be affected.

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 and when applicable, Goods 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 deemed 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. Please note that your statutory rights are not affected and where we do accept your order, we have a legal duty to supply goods that are in conformity within these Terms and Conditions and any relevant legislative consumer protection acts.

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 Customer shall be responsible for the removal of spoil, waste, packaging or similar unless agreed by LockRite Locksmiths Ltd in writing.

3.11 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.

3.12 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.

3.13 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.

3.14 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.

3.15 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.

3.16 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.

3.17 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 LockRite Locksmiths Ltd guarantees its Services supplied shall be free of defects for a period of 12 months (and in line with the products guarantee period as mentioned in section 4.2), from Completion subject to the following:-

4.1.1 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. 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 as soon as possible from the time of completion of the job and within the manufacturers guaranteed period.

4.1.2 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 deem itself liable 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, unless the company is found liable via a tribunal or court of law. Your statutory rights will not be affected, neither will your rights under the Supply of Goods and Services Act or the Sale of Goods Act 1979 or any other superseding or overriding legislation such as the Consumer Rights Act 2015.

4.2 Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.

4.3 Some products may feature an extended manufacturer’s warranty. These need to be registered within 28 days of purchase with the manufacturer (or within the specified manufacturers guidelines) – see the product documentation for more information.

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 back to it and on failure to do so, within 7 days of such notice of re-delivery from LockRite Locksmiths Ltd, the Customer shall become liable for the debt and recourse action will take place. Such recourse action could incur the service procurement of a solicitor or other debt collection agency.

6. Cancellation, Returns & Refunds

Cancellation

6.1 You may rightfully cancel your order and return any items purchased to us by giving us notice of cancellation within 30 days of the date of delivery to you. In relation to goods delivered to you. Where your order comprises multiple delivery shipments, the 30 day cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.

6.2 You will lose your right to cancel after the expiry of the 30 day period referred to in clause 6.1 (this does not affect your rights if there is any problem with the goods).

6.3 To exercise your right to cancel, you may inform us of your decision to cancel by phone (pending written confirmation) or email using the contact details as per our website. You may also cancel by informing us in writing to the address listed in 1.1. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.

6.4 On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost (subject to clause 8.1), unless we agree that you may dispose of them, in which case please comply with the manufacturer's instructions before disposing of hazardous goods. You must return goods with all the individual component parts. You may return certain goods by post from your local Post Office.

6.5 Following cancellation, subject to clause 8.0, we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order. We will pay the refund within 14 days after the day:

6.5.1 you notified us to cancel your order, where you have not received the goods; or,

6.5.2 we receive the goods you returned to us, where you are in receipt of the goods; or

6.5.3 you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.

6.6 We will refund you using the same means of payment as you used to pay for your order or purchase.

6.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods

Faulty Goods

6.8 Without prejudice to your right to cancel orders generally under this clause 6, if you have notified us of a problem with the goods within 30 days of delivery or collection, we may either offer to make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery or collection; or if you prefer, exercise your legal rights in accordance to the Consumer Rights Act and cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.

Legal Rights as a Consumer

6.9 For legal clarity, the provisions of this clause Para 6.8 does not apply to consumer contracts.

7. Termination of Services

7.1 LockRite Locksmiths Ltd may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.

8. Events Beyond Our Control

8.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).

9. Disposal of Electrical and Electronic Equipment

9.1 The WEEE regulations (January 2013) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk .

10. General

10.1 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.

10.2 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.

10.3 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.

10.4 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 fulfil 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.

10.5 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.

10.6 If 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.

10.7 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 prior written consent.

10.8 Except as otherwise provided nothing in this Contract creates any right enforceable by any person or business not a party to it.

10.9 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.

10.10 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

11. Privacy Policy

11.1 You should exercise caution and look at the privacy statement applicable to the website in question. When you provide us with personal information (whether purchasing services or goods from us or registering with us or otherwise) by doing so you agree to our Privacy Policy in its entirety.

12. Alternative dispute resolution

12.1 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, See Alternative Dispute Regulations 2015. You can obtain further advice on this matter by checking out the following link:

Alternative dispute resolution for consumers - GOV.UK (www.gov.uk)