Hirst locksmiths – 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 Hirst locksmiths or any of our franchises, partners or anyone we out source work to.
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’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 Citizens Advice Bureau or go online 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 over the telephone, via text or email, a contract will come into existence at this point between You and Us.
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 the quoted price or estimated costs 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 details of the Services that We agree to perform for You will be described to you and explained fully during the quotation. A written quotation can be emailed over if required.
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 required.
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, mechanism or hardware, door or any hardware we may work on. In some cases we may need to remove a item to take a measurement, see product codes, item numbers or take the hardware from your door / home to a supplier to find a relevant replacement. During this time you accept that your home is at risk and that this could invalidate your home or business insurance if left unattended by you.
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 ask all questions during e the quotation and listen to the locksmith carefully while he/she explains this fully.
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, Hirst locksmiths 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 but we will advise you off this before passing of any workload we can't handle.
6. PRICE AND PAYMENT FOR THE SERVICES (Click Here for PRICING POLICY)
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 does not include VAT as we do not charge 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 unreasonable delay. We 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 The Manager/Office Manager mat approve a person to pay by bank transfer.
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 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 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, bank transfer or PayPal or paid via an invoice for business to business work.
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. 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 Our accounts office within seven 7 days of the customer receiving the invoice.
6.8 Until all goods are paid for in full, we own the goods in your property to where if we see fit we can charge you a hire fee of up to £100 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 this is done without notice. All parts remain the property of the locksmith until paid for. We 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 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.
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. If this happens and the door is unlocked and open then we have performed the task of opening the door. We will still require payment. You understand that once the door is open there is no guarantee of a same day fix if the parts are no longer available We will do our best to secure your property until you can arrange for another service to be performed such as a door replacement.
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
10.1 When a job has been booked in You the customer will receive a text message/email confirming your job details. You have the right to cancel the job. Should you call to cancel within 30 minutes of the locksmith arriving at your property Or the locksmith arrives at your property and You cancel without calling in advance to cancel then a £50 attendance charge is payable immediately Cash only.
10.2 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
10.3 if We become insolvent, or become subject to an administration order or if We stop trading;
11. OUR CANCELLATION RIGHTS
11.1 We can end the Contract in any of the following circumstances by writing to You and telling You:-
11.2 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 writing;
11.3 if We are no longer able to carry out the Services due to the law or due to regulatory
11.4 We give You at least 28 days’ written notice of Our intention to cancel the Contract.
11.5 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.
11.6 If you are our your staff are threatening, abusive or in anyway offend our staff then we will terminate any and all contracts.
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 locks fitted, we provide new original keys with the lock. If additional keys are required Hirst locksmiths will provide Locksmith-Standard keys for an additional cost. The warranty is only valid if the original keys or additional keys provided by Hirst locksmiths are used 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 or the key being incorrectly cut and can cause pressure and pin manipulation which can cause the lock to jam or keys to snap in the lock.
12.1 Gear Boxes/Mechanisms - All gearboxes & labour are covered with a twelve (12) month warranty from fitment date. In the unlikely event that there is any defect with the Services or the gearbox 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 parts 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
12.3 If the part such as a mechanism or gearbox locking strips fails after being fitted by use due to your door dropping and you using the door while out of alignment then all warranty is voided under section 12.2 neglect.
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.
15.4 we may use photos or videos of work completed for marketing and advertising on any of our websites or social media platforms.
16. LEGAL CONDITIONS
16.1 The Contract is governed by English law and UK 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 unenforceable.
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 Hirst 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 ourselves to use bailiffs and court costs. We can also charge rental for our hardware while in use up to £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 being 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 for. We 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 Hirst locksmiths 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 Hirst locksmiths, 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 benefits. We may also use these call recordings for training and quality.
19. BODY ONE 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 appointments with ourselves you agree to be 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 by a written letter within 24 hours of the issues arising. Please see our Contact Us Page.
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.
Call Out Charges – what are they and when are they applied and who applies them?
We are 24 Hour Locksmiths, this means we respond to calls any time of day or night.
It is a practice within the locksmith industry that a request for a locksmith's attendance at short notice, i.e; an emergency, such as a person being locked out of their home will incur an emergency call out charge (call out charge).
This call out charge is in addition to the customer being charged the locksmith's normal hourly rate or fixed cost for the job. A call out charge is made irrespective of the time of day or night along with the locksmith's hourly rate or fixed cost. A call out charge isn't normally applied where work is pre-booked and is not urgent or an emergency and this is why we advertise no call out charge for pre booked work or work carried out during 9am till 5pm Monday to Friday which is classed as a standard working week..
Some Locksmith Companies decide not to invoke this charge. An Emergency Call Out Charge ("Call Out Charge") But use double time per hour which actually works out more. Some will use double rates plus a call out fee!
When a Company declares that they do not apply a call out charge ("No Call Out Charge"), it doesn't mean that a locksmith will attend an incident for free. It means that they will still apply their normal hourly rate/fixed cost, but will not apply an additional call out charge for attending at short notice. ie. in an emergency. If we feel the need to add a call out charge then we will add one if it's required. However if we are quoting on a job, then this is always free of charge, we DO NOT charge a call out fee or hourly rate for quotes.
Hourly Rates and fixed costs
There are several factors which dictate our hourly rate/fixed cost such as;
A) The time of day or night or weekend
B) The geographical location (postcode)
C) The type of job we are required to undertake
D) Local Charges/Tolls, Fuel Fee, Postage Fee
E) Weather issues, Danger issues.
It is impossible to show on this website every conceivable charging possibility. However based on the factors (A) to (E) above here are some examples of pricing.
A ) The time of day or night - Our standard labour charge for attending an address for general locksmith work between 9am and 5pm is from £45 to £55. This hourly rate would rise to a maximum of £110 per hour between the hours of 12 midnight and 6am.
A) Our hourly standard labour charges apply during normal working hours, 9am – 5pm Monday – Friday. From £45 to £55 per hour. However most jobs are done within 1 hour or less.
A) Weekend Call Out Charges - Starting from 5pm on a Friday till 9am on Monday the call out fees are 5pm till 8pm is £25 and then from 8pm till 12 midnight is £50 and from 12 midnight till 6am is £100 and from 6am till 9am is £25. If we invoke a call out fee we will not charge time and half or double rate labour fees. It will be standard labor charge depending on the job.
Friday from 5pm till Monday at 9am is a labour fee of £55 per hour. This hourly rate will rise to a maximum of £110 per hour or we will apply an off call out fee to try and keep the pricing lower.
B) The geographical location – (B) If we received the same type of call as in (A) above but to an address in the outer country area as opposed to inner city / town areas then we will add a call out fee to cover any fuel costs, time driving to and from etc.
C) The type of job we are required to undertake – (c) Locksmith work covers a multitude of variables from opening a simple cam lock on a cupboard through to opening and fitting mortise (Mortice) locks through to forced entry which can take a physical toll on the locksmiths body, health and can cause injury to the locksmith. If we go above and beyond to help you then we do expect to be paid for the time given. If a lock opens in seconds. It's not due to the lock, it's due to the many years of skills and learning, investment in training and we expect to be paid for such skills and time. If we open your door in seconds and you refuse to pay the full fee then we will lock your property back up, leaving you locked out and we will flag you on all locksmith databases as a non paying client which will blacklist you and only leave your options open to using extremely expensive locksmiths who charge 4 to 6 times what we charge. For example if we open the euro lock the price is £45. A PPC locksmith found at the top of Google will charge £350 - £600 for the same job.
D) Local Charges/Tolls, Fuel Fee, Postage Fee - These are charges made by local government or private companies to access certain geographical areas, cross certain bridges or use certain tunnels. This may incur a local charge or toll. For example if we had to use the Tyne Tunnel then we will charge for that toll. We can charge a fuel fee if we have to find parts such as an odd sized lock or out of stock components and we have to drive to a city to find the part or collect it. We will charge for postage, packaging and any other charges such as import charges if you have a European or American system fitted and we need to import parts then you will cover the costs of such parts and time taken to deal with such things.
E) Weather issues, Danger issues - forced entry and Bad weather issues have a "danger" or "forced entry" charge, such as when the air temp is below -1c, snow, storms, ice, danger to life weather warnings, amber alerts, orange and red weather alerts then we have a danger fee of £50 to a maximum of £500. If we are in any danger at all due to an issue through evictions then we will charge a danger fee of up to £500 or charge up to £1000 if we suffer any injury due to being attacked, hurt or hospitalised.
1. We never attend any job without giving our hourly labour rate or fixed cost. This has to be agreed by the customer prior to us attending the job, we will then re-quote if the job is not as expected or as advised to us.
2. Where we think new parts will be required, if possible we will give a range of what we believe the cost of the new part will be eg £15 to £28 for a standard rim cylinder. If we feel that we cannot confidently quote for parts based on the information supplied by the customer we will quote our hourly rate/fixed cost and inform the customer that there may be parts required, which will be quoted on site.
3. All hourly rates/fixed costs; parts and additional toll charges will be subject to VAT at the current rate if we charge VAT. We will always advise if we are charging a VAT charge..
4. Where an hourly rate is charged we will always quote a minimum charge of one hour. This is regardless of the time spent at the address up to one hour e.g. 1 to 59 minutes.
5. If the first hour is exceeded, we charge thereafter in 15 minute intervals. In the example given in i) above we quoted an hourly rate of £45 and were on site for 1 hour 10 minutes we would charge the first hour at £45 and the 10 minutes would be rounded up to 15 minutes for charging purposes. Therefore the cost would be £55.75.
6. Our hourly rate starts from the time we arrive at site (agreed address) If for whatever reason the person we are meeting ie. The householder, landlord, tenant, bailiff is late, the waiting time incurred by our locksmith will be charged for in accordance with the hourly rate quoted. It's also the same if you book us in for any work and have us on standby. We are delaying full paying clients and due to this our full hourly rate will be advised.
7. When we receive instructions to attend an address, we will always call the customer back to confirm the ETA and give the customer the name of the locksmith attending or we will send a confirmation text of the locksmith's name and attending time frame. If the customer wishes to cancel our attendance they may do so without charge as long as we receive notification by telephone no less than one hour before our agreed ETA. If cancellation is made less than one hour, we will charge the equivalent of 'one hours labour' as a cancellation charge. Failure to attend the agreed date and time will result in an additional charge of £20 for the first non show and followed by a charge of £45 for every other missed appointment.
8. Priced Per Job, this is where we can give you a price on the information we receive from yourself, if we believe we can fix the job that you have described to us via communication then we may give a price per job, if this fails to be the case then we will notify you or the attendee of the price change, such as if we quote £75 for labour of the job but then job ended up taking 4 hours as we were given misleading information such as my lock is broke and has been for several years, or that the door had total dropped, jammed in it's frame and had been catching for a long time where you have had to force the handles up and door to lock the door, or you had a locksmith out recently who used a lock puller or snap bar to open the door and now the door has failed due to this type of entry and you fail mention these facts when asked then you have given us misleading information for a cheaper price then we will go back to standard rate per hour charged in 15 minute intervals after the first hour.If you cancel the job due to this then we can still charge a fee for attending, this can be our hourly rate plus a call out fee and for any materials used up to that point.
9. Recording Of Calls
Calls may be recorded for training and security reasons and this includes mobile phone calls. We will give you the best pricing we can over the phone. If you fail to speak to use and only use email or text then you understand that we can’t give as much information in a text or email.
10. 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.