Terms of Service
1. Definitions
a. “Contractor” means RLM Locksmiths and any of their employees and/or agents.
b. “Customer” means person, persons, business, club or organisation that has requested Works to be undertaken.
c. “Site” means the location where the Works will be undertaken being the Customers address (as provide by the Customer)
d. “Working period” means the date/s that the Contractor and the Customer agree for the Works to be completed.
e. “Works” means the scope of work agreed, within the attached quote, to be completed by the Contractor for the benefit of the Customer.
2. Contractor’s Responsibilities
a. The Contractor agrees to:
i. complete the Works carefully and competently;
ii. inform the Customer if there are going to be any delays to the Works;
iii. use materials which are of satisfactory quality and fit for purpose. The materials will be new unless agreed between the parties in writing;
iv. take all reasonable steps to minimise health and safety risks to themselves, the Customer and any other people at the Site;
v. take all reasonable steps to minimise environmental damage;
vi. ensure that any temporary protection for the Works is safe and weatherproof;
vii. store away any tools or equipment used at the end of each working day; and
viii. leave the site in a clean and tidy condition after completing the works.
ix. take away all old, damaged parts, redundant locks, or any other parts that have been removed. These will be disposed off safely and where possible parts will be recycled. The Contractor reserves the right to use the old locks and any parts for practice and/or training, and guarantees that all parts or locks removed will NOT be used for any future customer. If the Customer wants to retain any parts, this must be agreed in advance of any Works being undertaken. It will NOT be possible for the Customer to retain any parts where destructive entry processes have been used.
3. Customer’s Responsibilities
a. The Customer agrees to:
i. take notice of all safety warnings given by the Contractor;
ii. follow any reasonable instructions given by the Contractor in respect of the Works being carried out;
iii. not allow any unauthorised persons (including children) to access the Site during work times;
iv. give the Contractor access to the Site during the agreed working hours throughout the working period; and
v. keep the Site clear of obstructions to allow the Contractor to carry out the Works.
vi. pay all invoices within 10 days of receiving them (hard copies or electronic copies).
4. Changes to the Completion Date
a. The period in which the Works are to be completed may only be extended by agreement between the parties.
5. Force Majeure
a. If circumstances beyond the Contractor’s control prevent or impede the provision of the Works, the Contractor may elect to terminate this Agreement or continue to proceed until such circumstances have ceased. In the event that this Agreement is terminated, the Contractor must return any monies paid for works not yet completed. For the avoidance of doubt, the Contractor may retain all monies paid to them for works already completed.
b. Circumstances beyond the Contractor’s control include, but are not limited to:
i. unavailability of materials or components due to adverse weather, industrial action or other serious third-party intervention;
ii. adverse weather;
iii. strikes;
iv. lockouts;
v. riots;
vi. natural disasters;
vii. fire;
viii. war;
ix. serious illness; and
x. government decrees, proclamations or orders.
6. Termination
a. The Customer has the right to terminate this Agreement:
i. if the Works are not progressing at a reasonable pace, taking into account the type, size and complexity of the Works;
ii. if the Contractor acts in a reckless manner that would jeopardise the health and safety of themselves or others on the Site;
iii. if the Contractor commits gross misconduct on the Site; and/or
iv. the Contractor files for bankruptcy and/or insolvency.
b. If the Customer terminates this Agreement, they will only need to pay the amount owed pursuant to the payment terms at the time of cancellation or whatever other sum agreed between the parties in writing. For the avoidance of doubt, this does not impede on any legal right the Customer may have to offset the amount owed or be compensated for any breach of contract by the Contractor.
c. The Contractor has the right to terminate this Agreement:
i. if the Customer does not pay any amount due to them pursuant to the payment terms without good reason;
ii. if the Customer prevents or obstructs the Contractor from conducting the Works in a safe manner; and
iii. the Customer files for bankruptcy and/or insolvency.
d. If the Contractor terminates the contract, they will only retain the amount of monies owed to them pursuant to the payment plan at the time of cancellation or whatever other sum agreed between the parties in writing.
7. Additional Works or Payment
a. Any further works or payments that differs from this Agreement must be subject to a further quote and agreement.
b. In the event that any materials are substituted for a product of differing quality or value, this must be subject to a further agreement between the parties in writing. If more monies are owed to the Contractor as a result of the material substitution, this difference becomes due and payable by the Customer upon receipt of an invoice from the Contractor.
c. All goods or parts supplied by the Contractor as part of the Works will remain the property of the Contractor until the Customer has paid all outstanding invoices.
8. Non-Limitation of the Other Rights and Remedies
a. The rights and remedies provided under this Agreement are in addition to the Customer’s consumer rights.
b. For either party to waive their rights under this agreement, they must expressly communicate this to each other.
9. Contracts (Rights of Third Parties)
a. Notwithstanding any other provision of this contract, nothing in this Agreement confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it and no term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999.