Terms of Service - AD Locksmithing
10 Kipling Walk
Contact email: firstname.lastname@example.org
1. OUR CONTRACT WITH YOU
1.1 These are the Terms & Conditions on which we supply locksmith services to you.
1.2 Please ensure that you read these Terms & Conditions carefully as they will become binding on you and us, and a contract will come into existence when you accept an estimate or quote for the locksmith services that we provide to you. If you have any questions or if any of these Terms & Conditions are not acceptable to you, please let us know.
2. PROVIDING LOCKSMITH SERVICES
2.1 We reserve the right (in our sole and absolute discretion) to refuse or retract providing locksmith services to you, or retract willingness to continue doing so, if such services may have started.
2.2 We may request information from you prior to commencing the locksmith services (for example, proof of your identity and/or proof that you are entitled to authorise the carrying out of said locksmith services). In the event that you are unable or unwilling to provide such information to us, we may refuse to provide the locksmith services to you. If you are a tenant, it will be your responsibility to obtain such permission from your landlord.
2.3 In exceptional circumstances, such as holidays, unprecedented workload or emergencies, and only if your approval was given to us, we may refer your enquiry to another locksmith to provide the locksmith services to you. Such other locksmiths we may refer you to are independent from AD Locksmithing, and therefore have no authority to incur liability on behalf of, or to act as an agent for us.
2.4 We will make every effort to complete the locksmith services within a reasonable period of time. However, the timing will depend on the nature and extent of the locksmith services required. We shall not be liable for (i) delays caused by; or (ii) failure to meet any of our obligations under this contract because of events or circumstances outside our control.
2.5 We may request certain information from you at the time you contact us regarding the nature of the locksmith services you require in order for us to provide you with an estimate or quote. However, if you do/did not provide us with complete and/or correct information, the locksmith services may take longer to complete and we may need to charge you additional sums to cover any extra labour or materials that may be required.
2.6 We will not be liable for any losses, damages, liabilities, charges or expenses caused to you or anyone else resulting from our delay in arrival or non-attendance in connection with the performance of the services.
3.1 Unless expressed stated in writing, whether on the invoice, the receipt, or both,, we will guarantee all of our parts and labour for a period of twelve (12) months following completion of our work, however, our guarantee shall not apply in the event of (I) intentional or accidental damage caused by you or any third party (II) your or any other person’s misuse or neglect, (III) fair wear and tear, and (IV) any individual having carried out any attempt at repairing, modifying or dealing with consequences of a fault caused by parts under warranty.
3.2 In accordance with (I), (II) (III) and (IV) in clause 3.1, in the unlikely event that there is any defect with the locksmith services please (a) contact us and tell us as soon as reasonably possible; (b) please give us a reasonable opportunity to repair or fix any defect and (c) we will make every effort to repair or fix the defect as soon as reasonably practicable.
3.3 As a consumer, you have legal rights in relation to locksmith services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Terms & Conditions will affect these legal rights.
4. PRICE AND PAYMENT
4.1 All prices must be agreed between the locksmith and you before any work shall commence. The price agreed will include parts, labour, as well as any extra charges reasonably applicable.
4.2 Any estimate or quote given over the phone may be subject to change in the event (I) of the nature of certain jobs not being fully appreciable without a visual or physical investigation, (II) if we determine that additional labour time and/or materials are required to complete the locksmith services which were not anticipated by us at the time the original estimate was provided to you, (III) of a manifest error in respect of the original estimate, or (IV), in the event of you or any other third party providing false or incomplete information to the locksmith at any point during the contract.
4.3 Once we have commenced our work, no discussions, correspondences or negotiations will be entered into with you or anyone else regarding the amount of the price agreed or payable for our locksmith services, unless there is a legitimate and reasonable reason to do so.
4.4 We will require all domestic customers to pay for our services immediately upon completion of said services. Commercial or business customers will be required to arrange payment for any invoices sent within 30 days of receipt unless otherwise agreed by both parties in writing.
4.5 You agree and recognize that all parts fitted within the scope of work agreed between both parties remain the property of AD Locksmithing until paid in full, and as such, AD Locksmithing reserves the right to retrieve said parts in the event payment should not be settled within the allowed timeframe.
4.6 An administration charge of £10 plus any applicable VAT is payable in respect of each cheque we present for payment that is not honoured by your bank.
5. OUR LIABILITY TO YOU
5.1 We are responsible for loss or damage you suffer that is a direct and foreseeable result of our negligence in the performance of our locksmith services, but we cannot be held responsible for any loss or damage caused after our services are complete.
5.2 The quality of all work will be inspected by the customer before the locksmith leaves the site. The locksmith will ensure the customer is fully satisfied with the quality of the work done and will provide any guidance needed to ensure full understanding by the customer of the work that has been carried out.
5.3 If we are providing locksmith services on your property, we will make good any damage to your property caused by our negligence in the course of installation or performance. However, provided we have not been negligent, any redecoration or repair of alterations that may be required following the completion of our services will be your responsibility. Furthermore, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance.
5.4 We do not exclude or limit in any way our liability for: (I) death or personal injury caused by our negligence; (II) fraud or fraudulent misrepresentation; (III) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and (IV) defective products under the Consumer Protection Act, 1987.
6. YOUR CANCELLATION RIGHTS
6.1 Before we begin to provide the locksmith services, you have the right to cancel your request for the locksmith services. However if we have arrived at the location at which you requested the locksmith services be performed, we shall be entitled to charge you, and you shall be obliged to pay a cancellation fee of £49 plus any applicable VAT.
6.2 Once we have begun to provide the locksmith services, you may cancel the contract for the locksmith services at any time, provided that you shall remain liable for the full amount of the price set out on our invoice, minus any parts not yet provided to you, except in the event that you wish to cancel the contract as a result of a breach of these Terms & Conditions by us.
7. OTHER IMPORTANT TERMS
7.1 Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
7.2 These Terms & Conditions are governed by English law. Both ourselves and yourselves agree to submit to the non-exclusive jurisdiction of the English courts.