SDS Terms and Conditions
Last Updated: 1st Feb 2017
www.SDSlocksmiths.com (“SDS”, “Us”) is an independent website operated by SDS which is a ‘trading as’ company registered in England and Wales under registration number 09979723 and registered at Suite 133, 9 St Johns Street, Colchester, Essex, CO2 7NN. The following terms and conditions (“Terms”) are for those wishing to engage in the services provided by SDS (“Client”) and sets out the relationship between SDS and you (“You”, “Your” or “Client”).
- SDS an around the clock, locksmith and security service (“Services”)
- SDS is a franchise company and details of your local franchise can be found by contacting your local branch.
- SDS offers franchising options (see Clause 5).
1. Charges and Fees
- SDS shall charge a flat fee (“Fee”) for Services which shall be set out in the quotation provided to You.
- Quotes are provided based on the information received by Us, from You. As such, You agree to provide the information as accurately as possible and to answer any questions, reasonably asked by the representative providing the quote.
- Payments shall be made in pounds sterling (GBP) and shall be inclusive of all VATs and relevant taxes and shall be paid in cash upon completion of the Service.
2. Responsibilities and Obligations
- You must ensure that a responsible adult over the age of 18 is present at the address to which out representative is called out.
- If access to the lock in question is not provided within 20 (twenty) minutes of attendance at the location, the representative may leave the address and you may still be charged for the Service.
- You shall use your best endeavours to ensure that the property at which the representative is to attend is a safe one and that there is no risk to the representative in being there.
- Where SDS representatives ask for information regarding the lock itself, You agree to do your best to provide the relevant information, using, where necessary and where possible, the information provided to you on our website.
- You shall ensure that You, or a responsible adult is available during the duration of the lock change and that you are available via telephone prior to the representative’s arrival, in case of emergency.
3. SDS Obligations
- SDS and its representatives shall do its utmost to ensure a fast reliable service at all times. However, SDS cannot guarantee the time a fitting will take or is likely to take.
- SDS shall ensure that all of its representatives are suitably trained, insured and qualified to perform the Services with due care and responsibility
- SDS representatives shall endeavour to ensure that the Service is provided as efficiently as possible and shall leave the area as it was found.
- SDS shall not continue to carry out a Service where You or any other person in attendance is rude, harassing, abusive or intoxicated or where the representative is left unattended at a property.
4. Copyright and Intellectual Property
- SDS are the owners or the licensees of all intellectual property rights in and on our site. Those works are protected by copyright laws and all such rights are reserved.
- All logos, designs, slogans and names belonging to SDS or displayed on the site are the property of SDS and are protected by Trademark laws. Trademarks should not be used without the express written consent of SDS.
- You may print off one copy, and may download extracts, of any page(s) from our site for Your personal reference and you may draw the attention of others within your organisation to material posted on our site.
5.Warranty and Limitation of Liability
- SDS makes no representations or warranties of any kind, express or implied as to the operation of the service, or the content or products, provided through the service. You expressly agree that your use of the service is at your sole risk. SDS disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. SDS makes no warranty as to the security, reliability, timeliness, and performance of the site. You specifically acknowledge that SDS is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsibility for damages and losses arising from such conduct. Except for the express, limited remedies provided herein, and to the fullest extent allowed by law, SDS shall not be liable for any damages of any kind arising from use of the service, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if SDS has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion of or limitations on certain warranties or damages. Therefore, some of the above exclusions or limitations may not apply to you. In no event shall SDS’ aggregate liability to you exceed the amounts paid by you to SDS pursuant to this agreement
- SDS shall perform all services with reasonable care and skill and to a standard to be reasonably expected from a competent and professional supplier of similar services.
- You shall indemnify and hold harmless SDS and its personnel against all Liability and Losses (1) asserted against or suffered by You or any other person and arising out of or in connection with services, materials or information provided by SDS; and/or asserted against or suffered by SDS or any other person (including You) and arising out of or in connection with services, materials or information provided by or on behalf of You, and including without limitation losses and expenses incurred by SDS directly.
- SDS’ liability in respect of or arising out of any defect in the services rendered or for any
injury, loss or damage attributable thereto is limited to making good by re-performance such defects which arise solely from SDS’ or its suppliers’ faulty design, materials, installation or workmanship within such period as is given to SDS by its suppliers, or if none within a period of six months after such services have been rendered.
- The Provisions of this clause 6 shall not apply in circumstances where they may not apply by virtue of applicable law, including where applicable, and without limitation:-
- by virtue of Section 7 of the Consumer Protection Act 1987; and
- by virtue of Section 2(i) of the Unfair Contract Terms Act 1977 in respect of liability for negligence.
- In these terms the expression “Services” shall include without limitation the making of any statements by SDS or on its behalf in connection with these terms. For the purpose of this clause 6 SDS contracts on its own behalf and on behalf of, and as trustees for, it’s personnel.
- For the purposes of this clause 6:
- “Liability” means liability in contract, tort (including without limitation negligence and defamation), breach of statutory duty or otherwise
- “Losses” means demands, claims, awards and other losses and expenses (including legal fees) in respect of death, personal injury, loss or damage
- “Personnel” includes partners, officers, employees, agents and representatives.
- Should any claim arise in contract or in tort (including negligence) or otherwise, SDS’ maximum aggregate liability shall in no circumstances exceed an amount equal to the SDS’ Professional Indemnity cover.
- If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
- In the event that You do not wish to pursue with the Service after having booked such service, you may contact the representative on the details found on the site, to do so.
- Cancellations made where there is less than 30 minutes prior to the representative arriving at the property, shall be charged in full.
- Where a booking is cancelled in line with clauses 8.1 and 8.2 above, no fees shall be payable.
- In the event that no suitable adult is available at the property at the time of the representative’s arrival, or the suitable adult is more than 20 minutes late, the representative my cancel the booking at full cost.
- SDS do not tolerate any abusive or wrongful behaviour towards their representatives, where a representative feels threatened or harassed under this clause 8, they may leave the property without completion of the service.
8. Force Majeure
- SDS shall not be deemed in breach of these terms if they are unable to complete the Services or any portion thereof by reason of fire, earthquake, employment dispute, act of God or public enemy, death, illness or incapacity of SDS or any national or international law, governmental order or regulation or any other event beyond SDS’ control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, SDS shall give notice to You of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
- The formation, construction, performance and enforcement of these terms shall be in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms. You acknowledge that SDS will have no adequate remedy at law in the event You use the deliverables in any way not permitted hereunder, and hereby agree that SDS shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
- These terms shall supersede any and all previous agreements or terms and the terms of business which are normally used by You.
- SDS may, from time to time amend or change these terms. Any amendments shall be uploaded to the site, and You are responsible for checking amended versions of the same.