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 I give to You on the telephone and/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 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/I: means Higgins Locksmiths.
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 I 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 Citizen’s Advice Bureau or Your local authority’s trading standards
department for advice. Before calling please read our terms and conditions and pricing police, 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’s trading standards department,
the Citizen’s Advice Bureau or go on line at http://www.direct.gov.uk/consumer4. 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 me a 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 “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 I AGREE TO PERFORM FOR YOU
5.1 The specific detail of the Services that I agree to perform for You will be set out in the Job
5.2 I will agree with You an appropriate time when I will endeavour to attend the relevant premises
in order to perform the Services.
5.3 The Services are offered by Me on the basis that they will be provided as efficiently as reasonably
possible taking into account prevailing workloads, availability of Myself, weather, transport
conditions and the availability of parts and any other conditions upon which We are dependent but
which 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. You are advised to read the Job Sheet/Invoice carefully which explains this.
5.6 If I cannot attend a job due to an emergency of issue then I will Not hand work off (outsource) to Any one franchises or businesses that are in the area, You agree to this when booking in any work.
6. PRICE AND PAYMENT FOR THE SERVICES (Click Here for PRICING POLICY)
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 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
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 in accordance with paragraph 6.3 above and We do not subsequently
receive full payment from You within 23 hours 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 overdue invoices.
6.5 I reserve the right (at My 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, bank transfer.
6.7 I may allow account facilities to be established for certain customers. Any such arrangements must
be agreed in advance and confirmed by Me in writing. New Approved Clients T&Cs 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 7 days of the customer receiving the invoice.
6.8 Until all goods are paid for in full 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 additional 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 for, this is done without notice. All parts remain the property of me 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.
7. ADDITIONAL COSTS THAT I CAN CHARGE FOR
7.1 The costs set out in this section 7 are in addition 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 in order
for Me to be able to complete the Services when I attend 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 Me 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 Me before work commences.
7.3 If You do not, after being asked by me, provide Me with all relevant information requested in order 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 that is required in order to
provide the Services.
8. REASONS WHY I WILL NOT PERFORM THE SERVICES
I will not have an obligation to perform the Services if any of the following happens:
8.1 I’m or 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 I have agreed and/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 provide Me with any necessary information that I have requested from You or the
information You do provide is incomplete, incorrect or generally regarded by Me 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 Me).
8.4 You do not give Me access to Your property at the time that You agreed with Me.
9. ACCESS TO YOUR PREMISES
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 to recover any equipment or goods
of Mine which I have left on Your property.
10. YOUR CANCELLATION RIGHTS
10.1 When a job has been booked in. You have the right to cancel the job. Should you call to cancel within 30 minutes of Me arriving and You cancel without calling in advance to cancel then a £50 attendance charge is payable immediately Cash only.
10.2 If I break the contract in some important way and I fail to fix the situation within 28 days of You
asking Me to in writing
10.3 if I become insolvent, or become subject to an administration order or if I stop trading;
11. OUR CANCELLATION RIGHTS
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 important way and You fail to fix the situation within 28 days of Us asking You to in
11.1.2 If I are no longer able to carry out the Services due to the law or due to regulatory
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. IF THERE IS A PROBLEM WITH THE SERVICES
12.1 Locks – All locks & labour are covered with a six (6) months warranty from fitment date. All British Standard locks fitted I provide 3 new original keys. If additional keys are required Higgins Locksmiths will provide Locksmith-Standard keys for an additional cost. The warranty is only valid if the original keys or additional keys provided by Higgins Locksmiths are used with to lock/unlock. Should Non-Locksmith-Standard keys be used i.e. keys purchased at a 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 gear boxes & labour are covered with a six (6) month warranty from 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 defect manifests itself in the six (6) month period immediately following completion of the Services, please tell Me as soon as reasonably possible and give Me a reasonable opportunity to inspect and repair such defect or to replace any defective parts as appropriate. 12.2 In the event that 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 defect is found to be genuine (and not the result of deliberate or negligent damage) then I will use every effort to repair or fix the defect as
soon as reasonably possible. You will not have to pay for Me to repair or fix a defect in the Services
under this section 12.2
13. MY LIABILITY TO YOU
13.1 I 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 Me providing the
Services. For the avoidance of doubt, I 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 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 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 I MAY USE YOUR PERSONAL INFORMATION
15.1 I will use the personal information You provide to Me 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 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 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. 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 Contract shall not be affected by such invalidity or
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 either Me or You do give up on Our rights and remedies on one occasion, that does not mean that
Me or You are doing so in respect of 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. LATE PAYMENT FEES / OVERDUE BALANCE SETTLEMENT
17.1 Late payment fees are applied after 23 hours of none payment. If you agree to My service via any communication in person, on the phone, via text or email or within any social site or format 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 myself 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 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. 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 this is done without notice. All parts remain the property of the locksmith until paid they 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.
18. CALL RECORDINGS
18.1 Higgins Locksmiths may call record from time to time without giving you prior notice, I advise you to fully 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.
19. BODY ONE CAMERA
19.1 I 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 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 e-mailing 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 police, please note you agree to these when booking us via any form of communications.