1. Definitions

"Contract" means these Terms and Conditions together with any quotation, order, invoice or other supplemental document.
"Customer" means the person(s) or entities requesting Cunneen Premier Locksmiths to provide the Services. Where there is more than one Customer, each is jointly and severally bound.
"Goods" means all goods or services supplied by Cunneen Premier Locksmiths to the Customer.
"Confidential Information" means information of a confidential nature including this Contract, either party's intellectual property, operational information, trade secrets, customer information and pricing details.
"Cookies" means small files stored on a user's computer designed to hold data specific to a particular customer and website.
"Price" means the price payable (plus any applicable VAT) for the Goods.

2. Acceptance

The Customer is taken to have exclusively accepted these Terms and Conditions if they place an order for or accept delivery of the Goods.
In the event of any inconsistency between these Terms and any prior document, these Terms shall prevail.
Any amendment to these Terms may only be made in writing with the consent of both parties.
Where Services are required urgently and outside normal business hours, Cunneen Premier Locksmiths reserves the right to charge additional labour costs at penalty rates.
The supply of Goods on credit shall not take effect until a credit application has been completed and approved with a credit limit established.
The Customer agrees to provide evidence on request that they are the owner of the property where Goods are to be provided, or that they have the owner's consent.
Where Goods or Services are subject to an insurance claim, the Customer remains responsible for payment irrespective of whether the insurance claim is successful.

3. Errors and Omissions

The Customer accepts that Cunneen Premier Locksmiths shall not be liable for any inadvertent error or omission in the formation or administration of this Contract, or contained in any literature supplied. Where an error or omission occurs that is not attributable to negligence or wilful misconduct, the Customer shall not be entitled to treat this Contract as repudiated.

4. Authorised Representatives

For the duration of the Services, Cunneen Premier Locksmiths shall liaise directly with one authorised representative of the Customer. That person shall have full authority to order Services or request variations on the Customer's behalf, and the Customer shall be solely liable for all additional costs incurred.

5. Change in Control

The Customer shall give Cunneen Premier Locksmiths at least fourteen (14) days' prior written notice of any proposed change of ownership or any change in the Customer's details (name, address, contact numbers, trustees or business practice). The Customer is liable for any loss incurred due to failure to comply.

6. Price and Payment

The Price shall be either: as indicated on the invoice, the Price at the date of delivery according to the current price list, or a quoted Price valid for thirty (30) days.
Cunneen Premier Locksmiths reserves the right to change the Price if a variation is requested, if Goods are no longer available, if hidden difficulties are discovered, or if there are increases in labour or material costs.
Variations will be detailed in writing and shown on the invoice. The Customer must respond within ten (10) working days.
A non-refundable deposit may be required at our discretion.
Time for payment is of the essence. Payment may be required on delivery, by instalments, within twenty (20) days of statement (trade-approved), or within seven (7) days of invoice.
Late payment may render trade discounts null and void.
Payment may be made by cash, electronic banking, credit card (a surcharge may apply) or other agreed method.

7. Delivery of Goods

Delivery occurs when the Goods are delivered to the Customer's nominated address, even if the Customer is not present.
The cost of delivery is in addition to the Price.
Goods may be delivered in separate instalments, each invoiced and paid separately.
Any time for delivery is an estimate only. Where Cunneen Premier Locksmiths is unable to supply due to action or inaction of the Customer, a reasonable fee for redelivery and/or storage may be charged.

8. Risk

Risk of damage or loss passes to the Customer on delivery. The Customer must insure the Goods on or before delivery.
If Goods are left at the Customer's request at an unattended location, they are left at the Customer's sole risk.
The Customer warrants that the structure where Goods are to be installed is sound and will sustain the installation.
Cunneen Premier Locksmiths is entitled to rely on the accuracy of plans, specifications and other information provided by the Customer.
Where advice or recommendations are not acted upon, Cunneen Premier Locksmiths shall not be liable for any losses occurring afterwards.
Where the Customer has engaged us to gain access to a property or vehicle following a lockout, the Customer acknowledges we are not acting unlawfully, that the Services will not infringe on others' rights, and we are not liable for any damage to the property or vehicle.
Cunneen Premier Locksmiths does not warrant that Goods supplied will render premises or any occupant secure, and shall not be liable for any loss (including consequential loss) resulting from reliance upon the Goods.
Cunneen Premier Locksmiths is not responsible for compliance with building warrant of fitness around evacuation plans, disability access or the use of deadlocks, nor for any inadvertent compromise of school lockdown plans.
The Customer shall maintain the Goods in good working order at their own expense, including recharging or replacing batteries.

9. Insurance Claims

Where the Customer has insurance for the payment of charges, this does not affect the Customer's personal liability to pay. The Customer's liability is reduced pro-rata to the extent payments are made from other sources. Any work undertaken as part of an insurance claim is undertaken with the understanding that if the claim is declined or delayed, the Customer is liable for payment of the full Price.

10. Access

The Customer shall ensure Cunneen Premier Locksmiths always has clear and free access to the site to undertake the Services. Cunneen Premier Locksmiths shall not be liable for any damage to the site (pathways, driveways, concreted, paved or grassed areas) unless due to negligence.

11. Underground / Hidden Locations

Prior to commencing work the Customer must advise Cunneen Premier Locksmiths of the precise location of all underground or hidden services (electrical, gas, sewer, water, telephone, fibre optic, oil and irrigation), and clearly mark the same. The Customer agrees to indemnify us against all liability for damage to services not precisely located and notified.

12. Compliance with Laws

Both parties shall comply with all statutes, regulations and bylaws applicable to the Services, including health and safety legislation and the Building Act. Where the Customer supplies products, the Customer accepts responsibility for their suitability. The Customer shall obtain all licences and approvals required for the Services at their own expense.

13. Title

Ownership of the Goods shall not pass until the Customer has paid all amounts owing and met all other obligations.
Receipt of any form of payment other than cash shall not be deemed payment until honoured.
Until ownership passes, the Customer is only a bailee, must return the Goods on request, holds insurance proceeds on trust for us, and must not sell or dispose of the Goods other than in the ordinary course of business. Cunneen Premier Locksmiths may enter premises to recover Goods and may commence proceedings to recover the Price.

14. Security and Charge

In consideration of us supplying the Goods, the Customer charges all of its rights, title and interest in any land, realty or other assets capable of being charged, and grants a security interest in all of its present and after-acquired property, to secure performance under these Terms. The Customer indemnifies us against all costs and disbursements incurred in exercising our rights under this clause.

15. Defects and Returns

The Customer shall inspect the Goods on delivery and within seven (7) days notify us of any defect, shortage or damage. For defective Goods we agree to replace or repair.
Goods will not be accepted for return except where we agree in writing, the Goods are returned within fourteen (14) days at the Customer's cost, and in the condition delivered with all packaging.
Non-defective Goods accepted for credit may incur a handling fee of thirty percent (30%) plus freight.
Non-stocklist or made-to-order Goods are not acceptable for credit or return.

16. Confidential Information / Conflict of Interest

The Customer assumes liability for any loss suffered by Cunneen Premier Locksmiths as a result of breach of confidentiality by itself, its employees or agents. Neither party will use the other's Confidential Information without prior written consent, except as required by law, to exercise rights under this Contract, to perform obligations, or where the information is already in the public domain.

Cunneen Premier Locksmiths is obliged to advise the Customer of any conflict of interest. The obligations of confidentiality shall survive the finalisation or discontinuance of any Contract.

17. Service of Notices

Any written notice given under this Contract shall be deemed to have been given and received:

By handing the notice to the other party in person;
By leaving it at the address of the other party as stated in this Contract;
By sending it by registered post to the address of the other party;
If sent by facsimile, on receipt of confirmation of the transmission;
If sent by email to the other party's last known email address.

Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post the notice would have been delivered.

Terms & Conditions