Terms & Conditions
1. DEFINITIONS
When the following words with capital letter 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 agreement via any form of contract 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 with may include but not be limited to any or all of the following:-
• Making properties safe and secure;.
• Planned and responsive lock changes;
• Picking or replacing locks;
• General upgrading.
Terms: means the terms and conditions set out in this document.
We/Our/Us: means Ironclad Lock and Key or any of our franchises, partners.
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 citizens Advice Bureau or Your local trading standards department for advice. Before calling please read our Terms and Conditions, Pricing policy.
3. YOUR LEAGAL RIGHTS
If You are an individual contracting for Your own private, non business needs, You have certain legal right and remedies as a customer 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 online at http://www.direct.go.uk/consumer4.
4. OUR AGREEMENT WITH YOU
4.1 I 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 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 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 Term, 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 Sheet/Invoice
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 dependant but which fall outside of 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.
5.6 If We cannot attend a job due to an emergency of issue then We reserve the right to hand work off (outsource) to businesses in the area. If an issue arises with that Locksmith or the work carried out along with the charger then You must deal directly with them, You agree to this when booking in any work. These companies may have call out fees, different hourly rates or call out charges.
6. PRICE AND PAYMENT FOR THE SERVICES
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 If the price includes VAT. If the rate of VAT increases or decreases we will alter the price to match the new rate of VAT.
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 reasonable delay. Bank and 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 form You within 14 days of the date the payment is due You will be charge a late fee. Late fee is charged at £25 per day and will be charged for ALL late bank and 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 advance 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 them means of payment should be agreed in advance of the Services being provided.
6.7 We may allow credit facilities to be established for certain customer. Any such arrangements must agreed in advance and confirmed by Us in writing. Payment terms for approved customers are strictly thirty (30) days from the date of the 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.
6.8 Until all goods are paid for in full then We own the goods in your property to where if We see fit We can charge You a hire fee of up to £25 per day for the use of these items and any additional charges for the removal of these items.
7. ADDITIONAL COSTS 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 additional parts and additional labour time which could not have been reasonably 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 part or locks are no longer available.
8.2 You do not pay for part or all 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 be reasonably 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 You agreed with Us.
9. ACCESS TO YOUR PROPERTY
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 circumstance by writing to Us and telling Us:-
10.1 We break the contract in some important way and We fail to fix the situation within 28 days of You asking Us 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
We can end the Contract in any of the following circumstances by writing to You and telling You:-
11.1 You fail to pay the 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 writing.
11.2 If We are no longer able to carry out the Services due to the law or due to regulatory reasons.
11.3 We give You at least 28 days written notice of Our intention to cancel the contract.
11.4 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 there is a 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 the 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, wall, 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 liked 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 provide the Services and process Your payments for such Services.
15.2 We will not give Your personal data to any other 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 or any form of communication. You must serve notices on Us at the address shown below.
16.4 If any term in 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 unenforceability.
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.
16.6 We have the right to update these terms and conditions at any time we see fit.
17. LATE PAYMENT FEES/ OVERDUE BALANCE SETTLEMENT
17.1 Late payment fees are applied after 24 hours of none payment. If You agree to Our service via any communication in person, on he phone, via text or email or within any social site or format You agree to Our terms and conditions and pricing policy. You agree that if You fail to pay Ironclad Lock and Key by the date set in any invoice or format then we will add a late fee payment to your bill of £25 to a maximum of £50 per day until the balance is met. You also agree that You will pay any retrieval costs or detrimental costs for ourselves to use bailiffs and court costs. We can also 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 signature are applied to any document, failure to do so will result in a late fee being applied to each bill along with a £12 administration fee.
18. ABOUT US
If You want to ask Us anything about these Terms and Conditions or the Services We are providing for You or if You want to make a complaint, please contact Us. You can contact Ironclad Lock and Key on 07747 695156 or by email info@ironcladlockandkey.co.uk or by written letter within 24 hours of the issue arising. Ironclad Lock and Key, c/o Zouch Farm, Culham, Abingdon, OX14 3BS. Before calling please read our terms and conditions.