Newbiggin Locksmith – 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 agreement via any form of contact 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 Newbiggan Locksmith 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 authority 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.
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 trading standards department,
the Citizens Advice Bureau or go online at http://www.direct.gov.uk/consumer
4. 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.
5.6 If we cannot attend a job due to an emergency of issue then we will hand work off (outsource) to our reputable partners, franchises or businesses we use in the area, if an issue arises with that locksmith or the work carried out along with charges then the you must deal directly with them, Newbiggin Locksmith can act as an intermediary to hand business to other locksmiths in the area. 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 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 £25 per day 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.
6.8 Until all good are paid for in full then we own the good in your property to where if we se fit can charge you a hire fee of up to £25 per day for the use of the items and any additional charges for removal of these items.
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.
7.4 The locksmith arrives at a job that you the customer booked and created an appointment for but you refused the work as it had already been done or you booked multiple locksmiths. A fee of £50 will be charged as a call out fee in these cases.
7.5 Call out fees, we advertise that we don't use a call out fee, this is only for jobs that are undertaken during work hours of 9am and 5pm. Outside of these hours we can charge up top £100 call out fee if we wish. However this is very unlikely unless it's extremely late, bad weather such as snow ICE etc but we do have the right to charge a call out fee.
7.6 We advertise that we don't charge VAT, this is due to the fact that we do not claim VAT back so we don't charge it which keeps our rates competitive.
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 minimize 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 or any form of communication. 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.
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 the 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 Newbiggin Locksmith by the date set in any invoice or format then we will add a late fee payment to your bill of £25.00 to a maximum of £50.00 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 £100.00 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 been applied to each bill along with a £12 admin fee.
18. CALL RECORDINGS
18.1 Newbiggin Locksmith may call record from time to time without giving you prior notice, we advise you to fully read our terms and conditions and pricing policy before calling Newbiggin Locksmith by calling ourselves you agree to these terms and conditions and pricing policy. As part of this agreement you waive any right to stop ourselves from call recording. Call recordings are for both our benefit. We may also use these call recordings for training and quality.
19. BODY WORN CAMERA
19.1 We use body worn cameras for both or safety and we do not need to notify you that these are in operation, by booking any appointment with ourselves you agree to been filmed on our cameras which can be used in a court of law. You can request a copy of the recording in writing with 2 forms of ID along with a £20 admin fee to the address below..
20. ABOUT US
20.1 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 Newbiggin Locksmith by telephoning our office or by emailing Us at email@example.com by a written letter within 24 hours of the issues arising. Please contact us for our office address via the same email or call us for more information.
21. GUARANTEE OF WORK CARRIED OUT
Six months warranty
21.1 Six months guarantee of any parts fitted or labour preformed- Unless parts that were recommended to be replaced by the locksmith technician were not used at the customers request. (example- repairs and installs)
21.2 Call backs or returned services beyond the associated guarantee periods will subject to a service fee at minimum.
21.3 We are not responsible for any misuse or damage to the locks provided and/or serviced by the end user. Furthermore, we are not responsible for any damages resulting from weather or climate related issues and subsequent visits will be subject to a service fee for on-site services unless otherwise specified.
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.