Terms Conditions - Cunneen Locksmiths

Definitions
1. “Contract” means the Terms and Conditions contained herein, together with any Quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
2. “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting CUNNEEN PREMIER LOCKSMITHS to provide the Services as specified in any proposal, quotation, order, invoice, or other documentation, and:
  1. If there is more than one Customer, is a reference to each Customer jointly and severally; and
  2. If the Customer is a partnership, it shall bind each partner jointly and severally; and
  3. If the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
  4. Includes the Customer’s executors, administrators, successors and permitted assigns.
3. “Goods” means all Goods or Services supplied by CUNNEEN PREMIER LOCKSMITHS to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
4. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, customer information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
5. “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular customer and website and can be accessed either by the web server or the customer’s computer. If the Customer does not wish to allow Cookies to operate in the background when ordering from the website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Goods via the website.
6. “Price” means the Price payable (plus any Goods and Services Tax where applicable) for the Goods as agreed between CUNNEEN PREMIER LOCKSMITHS and the Customer in accordance with clause 6 below.

Acceptance
1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these Terms and Conditions if the Customer places an order for or accepts delivery of the Goods.
2. In the event of any inconsistency between the Terms and Conditions of this Contract and any other prior document or schedule that the parties have entered, the terms of this Contract shall prevail.
3. Any amendment to the Terms and Conditions contained in this Contract may only be amended in writing by the consent of both parties.
4. In the event, that CUNNEEN PREMIER LOCKSMITHS is required to provide the Services urgently, that may require CUNNEEN PREMIER LOCKSMITHS staff to work outside normal business hours (including but not limited to working through lunch breaks, weekends and/or Public Holidays) then CUNNEEN PREMIER LOCKSMITHS reserves the right to charge the Customer additional labour costs (penalty rates will apply), unless otherwise agreed between CUNNEEN PREMIER LOCKSMITHS and the Customer.
5. The Customer acknowledges that:
  1. The supply of Goods on credit shall not take effect until the Customer has completed a credit application with CUNNEEN PREMIER LOCKSMITHS and it has been approved with a credit limit established for the account; and
  2. In the event, that the supply of Goods request exceeds the Customers credit limit and/or the account exceeds the payment terms,CUNNEEN PREMIER LOCKSMITHS reserves the right to refuse delivery; and
  3. The supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, CUNNEEN PREMIER LOCKSMITHS reserves the right to vary the Price with alternative Goods (or components of the Goods) as per clause 5.2, subject to prior confirmation and agreement of both parties.
6. The Customer agrees that they shall upon request from CUNNEEN PREMIER LOCKSMITHS provide evidence that:
  1. They are the owner of the property upon which the Goods are to be provided (including, but not limited to the cutting of keys, providing access/ entry into property because of being locked out etc.) or Services are be undertaken; or
  2. Where the Customer is not the owner of the property, that they have the consent of the owner for the premises upon which the Services are be undertaken or Goods to be provided.
7. In the event, that the Goods and/or Services provided by CUNNEEN PREMIER LOCKSMITHS are the subject of an insurance claim that the Customer has made, then the Customer shall be responsible for the payment of any monies payable to the insurance company and agrees to honour their obligation for payment for such transactions invoiced by CUNNEEN PREMIER LOCKSMITHS and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful.
8. The Customer shall ensure that all voice codes, passwords, radio keys and other security devices are kept secure and provided only to those persons who reasonably require access to the premises.
9. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with the Contract and Commercial Law other applicable provisions .

Errors and Omissions
1. The Customer acknowledges and accepts that CUNNEEN PREMIER LOCKSMITHS shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
  1. Resulting from an inadvertent mistake made by CUNNEEN PREMIER LOCKSMITHS in the formation and/or administration of this Contract; and/or
  2. Contained in/omitted from any literature (hard copy and/or electronic) supplied byCUNNEEN PREMIER LOCKSMITHS in respect of the Services.
2. In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of CUNNEEN PREMIER LOCKSMITHS; the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.
Authorised Representatives
1. The Customer acknowledges that CUNNEEN PREMIER LOCKSMITHS (for the duration of the Services) liaise directly with one (1) authorised representative, and that once introduced as such to CUNNEEN PREMIER LOCKSMITHS, that person shall have the full authority of the Customer to order any Services, and/or to request any variation thereto on the Customer’s behalf. The Customer accepts that they will be solely liable to CUNNEEN PREMIER LOCKSMITHS for all additional costs incurred by CUNNEEN PREMIER LOCKSMITHS (including CUNNEEN PREMIER LOCKSMITHS profit margin) in providing any Services, or variation/s requested thereto by the Customer’s duly authorised representative.
2. The Customer shall absolve CUNNEEN PREMIER LOCKSMITHS from any claims, costs, and damages arising from the performance of such Services.

Change in Control
1. The Customer shall give CUNNEEN PREMIER LOCKSMITHS not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address and contact phone or fax number/s, change of trustees or business practice). The Customer shall be liable for any loss incurred by CUNNEEN PREMIER LOCKSMITHS because of the Customer’s failure to comply with this clause.

Price and Payment
1. At CUNNEEN PREMIER LOCKSMITHSsole discretion the Price shall be either:
  1. As indicated on any invoice provided by CUNNEEN PREMIER LOCKSMITHS to the Customer; or
  2. The Price as at the date of Delivery of the Goods according to CUNNEEN PREMIER LOCKSMITHS current price list; or
  3. CUNNEEN PREMIER LOCKSMITHS quoted price (subject to clause 6.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
2. CUNNEEN PREMIER LOCKSMITHS reserves the right to change the Price:
  1. If a variation to the Goods which are to be supplied is requested; or
  2. If a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
  3. If during the Services, the Goods are not or cease to be available from CUNNEEN PREMIER LOCKSMITHS third party suppliers, then CUNNEEN PREMIER LOCKSMITHS reserves the right to provide alternative Goods; or
  4. Where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limitations to accessing the site, obscured site defects which require remedial work (e.g. poor existing wiring, etc.), health hazards and safety considerations (such as the discovery of asbestos) etc.) which are only discovered on commencement of the Services; or
  5. In the event of increases to CUNNEEN PREMIER LOCKSMITHS in the cost of labour or materials which are beyond CUNNEEN PREMIER LOCKSMITHS control.
3. Variations will be charged for based on CUNNEEN PREMIER LOCKSMITHSg quotation, and will be detailed in writing, and shown as variations on CUNNEEN PREMIER LOCKSMITHS invoice. The Customer shall be required to respond to any variation submitted by CUNNEEN PREMIER LOCKSMITHS within ten (10) working days. Failure to do so will entitle CUNNEEN PREMIER LOCKSMITHS to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
4. At CUNNEEN PREMIER LOCKSMITHS sole discretion a non-refundable deposit may be required.
5. Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by CUNNEEN PREMIER LOCKSMITHS, which may be:
  1. On delivery of the Goods;
  2. By way of instalments/progress payments in accordance with CUNNEEN PREMIER LOCKSMITHS payment schedule;
  3. For trade approved Customers, due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
  4. The date specified on any invoice or other form as being the date for payment; or
  5. Failing any notice to the contrary, the date is seven (7) days following the date of any invoice given to the Customer by CUNNEEN PREMIER LOCKSMITHS.
6. Unless otherwise stated, a trade discount shall be included in the quoted Price; however, such discount shall become null and void, if payment is not made by the due date stated on the invoice and/or statement. In such an event of late payment CUNNEEN PREMIER LOCKSMITHS reserves the right to vary the Price and any discounts or special prices are revoked.
7. Payment may be made by cash, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Customer and CUNNEEN PREMIER LOCKSMITHS.
8. CUNNEEN PREMIER LOCKSMITHS may in its discretion allocate any payment received from the Customer towards any invoice that Armstrong determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer CUNNEEN PREMIER LOCKSMITHS may re-allocate any payments previously received and allocated. In the absence of any payment allocation by CUNNEEN PREMIER LOCKSMITHS, payment will be deemed to be allocated in such manner as preserves the maximum value of CUNNEEN PREMIER LOCKSMITHS Purchase Money Security Interest (as defined in the PPSA) in the Goods

Delivery of Goods
1. Delivery (“Delivery”) of the Goods is taken to occur at the time thatCUNNEEN PREMIER LOCKSMITHS (or CUNNEEN PREMIER LOCKSMITHS nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
2. At CUNNEEN PREMIER LOCKSMITHS sole discretion the cost of delivery is in addition to the Price.
3. CUNNEEN PREMIER LOCKSMITHS may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these Terms and Conditions.
4. Any time specified by CUNNEEN PREMIER LOCKSMITHS for delivery of the Goods is an estimate only and CUNNEEN PREMIER LOCKSMITHS will not be liable for any loss or damage incurred by the Customer because of delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that CUNNEEN PREMIER LOCKSMITHS is unable to supply the Goods as agreed solely due to any action or inaction of the Customer, then CUNNEEN PREMIER LOCKSMITHS shall be entitled to charge a reasonable fee for redelivery and/or storage.

Risk
1. Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Armstrong is entitled to receive all insurance proceeds payable for the Goods. The production of these Terms and Conditions by Armstrong is sufficient evidence of Armstrong rights to receive the insurance proceeds without the need for any person dealing with Armstrong to make further enquiries.
3. If the Customer requests Armstrong to leave Goods outside Armstrong premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.
4. Where Armstrong is required to install the Goods the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Armstrong shall not be liable for any claims, demands, losses, damages, costs, and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
5. Armstrong shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer. The Customer acknowledges and agrees that in the event, that any of this information provided by the Customer is inaccurate, Armstrong accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications, or other information.
6. Where CUNNEEN PREMIER LOCKSMITHS gives advice or recommendations to the Customer, or the Customer’s agent, with specific instructions regarding the use of the Goods and such advice or recommendations are not acted upon then CUNNEEN PREMIER LOCKSMITHS shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent purchase of the Goods.
7. Where CUNNEEN PREMIER LOCKSMITHS is to supply Goods (including but not limited to, doors etc.) which require the Customer to paint and seal the Goods, CUNNEEN PREMIER LOCKSMITHS will not be liable for any loss, costs, or damages where the Customer does not follow CUNNEEN PREMIER LOCKSMITHS recommendation as to the number of coats of paint and the use of a sealant on installation of the Goods.
8. Where the Customer has engaged in CUNNEEN PREMIER LOCKSMITHS for the purposes of gaining access/entry to a property/vehicle as a result a lock out, the Customer acknowledges and accepts that:
  1. CUNNEEN PREMIER LOCKSMITHS is not acting in an unlawful and fraudulent manner and is not deemed to be a break-in; and
  2. The Services will not infringe on the right of other person’s or the property’s security; and
  3. CUNNEEN PREMIER LOCKSMITHS will not be liable for any costs, damages, losses and claims because of any damage to the property/vehicle in the provision of Services.
9. The Customer acknowledges and agrees that:
  1. All descriptive specifications, illustrations, drawings, data, dimensions, and weights stated in CUNNEEN PREMIER LOCKSMITHS fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by CUNNEEN PREMIER LOCKSMITHS; and
  2. While CUNNEEN PREMIER LOCKSMITHS may have provided information or figures to the Customer regarding the performance of the Goods, the Customer acknowledges that CUNNEEN PREMIER LOCKSMITHS has given these in good faith, and are estimates which are variable due to factors out of CUNNEEN PREMIER LOCKSMITHS control; and
  3. CUNNEEN PREMIER LOCKSMITHS is only responsible for Goods that are replaced by CUNNEEN PREMIER LOCKSMITHS and that in the event, that other parts/Goods, subsequently fail, the Customer agrees to indemnify CUNNEEN PREMIER LOCKSMITHS against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising; and
  4. CUNNEEN PREMIER LOCKSMITHS does not warrant that the Goods supplied by CUNNEEN PREMIER LOCKSMITHS will render the premises, or any occupant of the premises, secure. CUNNEEN PREMIER LOCKSMITHS shall not be liable for any loss (including consequential loss) or damage suffered by the Customer, whether arising from CUNNEEN PREMIER LOCKSMITHS negligence or otherwise, resulting from the Customer’s use of or reliance upon the Goods; and
  5. CUNNEEN PREMIER LOCKSMITHS shall not be held liable for any damage to any glass surfaces because of installing Goods and/or in the provision of the Services.
10. CUNNEEN PREMIER LOCKSMITHS will not be responsible:
  1. For any compliance of building warrant of fitness around evacuation plans, disability access and regulations around the use of deadlocks. It shall be the responsibility of the Customer to ensure that the Goods ordered are suitable for their intended use; and
  2. For any inadvertent compromise of any lockdown plans that schools may have.
11. The Customer shall, at their own expense, maintain the Goods in good working order and in accordance with the manufacturer’s requirements, including but not limited to, recharging, or replacing the batteries on a timely basis.

Insurance Claims
1. If the Customer has insurance or other contractual arrangements for the payment of charges due under this Contract, this will not affect the Customer’s personal liability to pay all charges due under this Contract, except that the Customer’s liability will be reduced pro-rata to the extent that payments are made to CUNNEEN PREMIER LOCKSMITHS from other such sources. The Customer also agrees that they shall be liable and make payment when due for any insurance excess where necessary.
2. Any work undertaken which is part of an insurance claim is undertaken with the understanding that should the claim be declined, or payment of the claim delayed, the Customer is liable for payment of the full Price.

Access
1. The Customer shall ensure that CUNNEEN PREMIER LOCKSMITHS always has clear and free access to the site to enable them to undertake the Services. CUNNEEN PREMIER LOCKSMITHS shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of CUNNEEN PREMIER LOCKSMITHS.

Underground/Hidden Locations
1. Prior to CUNNEEN PREMIER LOCKSMITHS commencing any work the Customer must advise CUNNEEN PREMIER LOCKSMITHS of the precise location of all underground/hidden services on the site and clearly mark the same. The underground/hidden mains & services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
2. Whilst CUNNEEN PREMIER LOCKSMITHS will take all care to avoid damage to any underground/hidden services the Customer agrees to indemnify CUNNEEN PREMIER LOCKSMITHS in respect of all and any liability claims, loss, damage, costs, and fines because of damage to services not precisely located and notified as per clause 11.1.

Compliance with Laws
1. The Customer and CUNNEEN PREMIER LOCKSMITHS shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services, including any WorkSafe health and safety laws relating or any other relevant safety standards or legislation pertaining to the Services.
2. Both parties acknowledge and agree:
  1. to comply with the Building Act in respect of all workmanship and building products to be supplied during the Services; and
  2. that Services will be provided in accordance with any current relevant Standards applicable.
3. Where the Customer has supplied products for CUNNEEN PREMIER LOCKSMITHS to complete the Services, the Customer acknowledges that it accepts responsibility for the suitability of purpose and use for their products and the intended use and any faults inherent in those products. However, if in CUNNEEN PREMIER LOCKSMITHS opinion, it is believed that the materials supplied are non-conforming products and will not conform with Ireland regulations, then CUNNEEN PREMIER LOCKSMITHS shall be entitled, without prejudice, to halt the Services until the appropriate conforming products are sourced and all costs associated with such a change to the plans and design will be invoiced in accordance with clause 6.2.
4. The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Services.

Title
1. CUNNEEN PREMIER LOCKSMITHS and the Customer agree that ownership of the Goods shall not pass until:
  1. The Customer has paid CUNNEEN PREMIER LOCKSMITHS all amounts owing to CUNNEEN PREMIER LOCKSMITHS; and
  2. The Customer has met all of its other obligations to CUNNEEN PREMIER LOCKSMITHS.
2. Receipt by CUNNEEN PREMIER LOCKSMITHS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared, or recognised.
3. It is further agreed that until ownership of the Goods passes to the Customer in accordance with clause 13.1:
  1. The Customer is only a Bailee of the Goods and must return the Goods to CUNNEEN PREMIER LOCKSMITHS on request;
  2. The Customer holds the benefit of the Customer’s insurance of the Goods on trust for Armstrong and must pay to Armstrong the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
  3. The Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for CUNNEEN PREMIER LOCKSMITHS and must pay or deliver the proceeds to CUNNEEN PREMIER LOCKSMITHS on demand;
  4. The Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of CUNNEEN PREMIER LOCKSMITHS and must sell, dispose of or return the resulting product to CUNNEEN PREMIER LOCKSMITHS as it so directs;
  5. The Customer irrevocably authorises CUNNEEN PREMIER LOCKSMITHS to enter any premises where CUNNEEN PREMIER LOCKSMITHS believes the Goods are kept and recover possession of the Goods;
  6. CUNNEEN PREMIER LOCKSMITHS may recover possession of any Goods in transit whether or not delivery has occurred;
  7. The Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of CUNNEEN PREMIER LOCKSMITHS;
  8. CUNNEEN PREMIER LOCKSMITHS may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

Security and Charge
1. In consideration of CUNNEEN PREMIER LOCKSMITHS agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, and the Customer grants a security interest in all of its present and after-acquired property, to secure the performance by the Customer of its obligations under these Terms and Conditions (including, but not limited to, the payment of any money).
2. The Customer indemnifies CUNNEEN PREMIER LOCKSMITHS from and against all CUNNEEN PREMIER LOCKSMITHS costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising CUNNEEN PREMIER LOCKSMITHS rights under this clause.
3. The Customer irrevocably appoints CUNNEEN PREMIER LOCKSMITHS and each director of CUNNEEN PREMIER LOCKSMITHS as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 15 including, but not limited to, signing any document on the Customer’s behalf.

Defects and Returns
1. The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify CUNNEEN PREMIER LOCKSMITHS of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote. The Customer shall afford CUNNEEN PREMIER LOCKSMITHS an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which CUNNEEN PREMIER LOCKSMITHS has agreed in writing that the Customer is entitled to reject, CUNNEEN PREMIER LOCKSMITHS liability is limited to either replacing the Goods or repairing the Goods.
2. Goods will not be accepted for return other than in accordance with 16.1 above, and provided that:
  1. CUNNEEN PREMIER LOCKSMITHS has agreed in writing to accept the return of the Goods; and
  2. the Goods are returned at the Customer’s cost within fourteen (14) days of the delivery date; and
  3. CUNNEEN PREMIER LOCKSMITHS will not be liable for Goods which have not been stored or used in a proper manner; and
  4. the Goods are returned in the condition in which they were delivered and with all packaging material, brochures, and instruction material in as new condition as is reasonably possible in the circumstances.
3. CUNNEEN PREMIER LOCKSMITHS may (in its discretion) accept the return of non-defective Goods for credit but this may incur a handling fee of thirty percent (30%) of the value of the returned Goods plus any freight.
4. Subject to clause 16.1, non-stocklist/indent items or Goods made to the Customer’s specifications are not acceptable for credit or return.
Confidential Information/Conflict of Interest
1. The Customer assumes liability for all loss or damage suffered by CUNNEEN PREMIER LOCKSMITHS because of breach of confidentiality undertaken by itself, or its employees or agents.
2. Neither party will use the other party’s Confidential Information without prior written consent (including trade secrets, processes, accounts, pricelists, marketing, designs, databases and all other information held in any form), except strictly for the purposes contemplated by this Contract, and a party may only disclose the other party’s Confidential Information:
  1. if required by law;
  2. to exercise their rights under this Contract;
  3. if necessary, to perform their obligations under this Contract;
  4. if the other party has provided their written consent to the disclosure;
  5. if the Confidential Information is already in the public domain (otherwise than because of disclosure in breach of this Contract).
3. CUNNEEN PREMIER LOCKSMITHS is obliged to remain vigilant to, and to advise the Customer of, any conflict of interest that may potentially impact or harm the Customer. To avoid conflict of interest and commercial sensitivities, it is agreed by CUNNEEN PREMIER LOCKSMITHS that any and all information regards the Customer (and their business, commercial agenda and employees) shall remain confidential at all times and shall only be disclosed in the event of legal order or obligation.
4. The obligations of confidentiality shall survive the finalisation or discontinuance of any Contract between the Customer and CUNNEEN PREMIER LOCKSMITHS.
Service of Notices
1. Any written notice given under this Contract shall be deemed to have been given and received:
  1. by handing the notice to the other party, in person;
  2. by leaving it at the address of the other party as stated in this Contract;
  3. by sending it by registered post to the address of the other party as stated in this Contract;
  4. if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
  5. if sent by email to the other party’s last known email address.
2. 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.