Terms and Conditions
- These terms and conditions
- These are the terms and conditions on which we, DIALOCK Limited (“we” or “us”) supply services and/or supply materials to a customer (“you”).
- Please read these terms and conditions carefully before you submit your order to us, as they shall be incorporated into each and every contract made between us and you. These terms and conditions tell you who we are, how we will provide services and/or supply materials to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- We reserve the right to update or amend these terms and conditions at any time.
- Information about us and how to contact us
- We are DIALOCK Limited, a company registered in Ireland with company registration number 909137 and registered office at OFFICE 3, BLOCK 3, AIRVISTA OFFICE PARK, SWORDS ROAD DUBLIN 9 D09 VK65. Our registered VAT number is 909137. Our head office is at OFFICE 3, BLOCK 3, AIRVISTA OFFICE PARK, SWORDS ROAD DUBLIN 9 D09 VK65
- You can contact us by telephoning our customer service team at 019 079 366 or by writing to us at firstname.lastname@example.org or at our head office.
- If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. Calls may be recorded for quality and training purposes.
- "Writing" includes emails and when we use the words "writing" or "written" in these terms and conditions, this includes emails.
- Relationship between us
- You engage us to provide the services and/or supply the materials specified in these terms and conditions and attached Quotation.
- Nothing in these terms and conditions or in the course of dealings between us shall operate to make us your agent.
- You may not assign or transfer any of your rights, liabilities or obligations arising under these terms and conditions without our prior written consent.
- Subject always to site survey, we shall give you a proposal for the services and/or materials to be provided (the “Quotation”) which shall set out:
- the services we will undertake for you;
- the date or time period within which the services will be performed;
- the costs you will be charged for the performance of the services, including:
- any fees we will charge;
- any disbursements or expenses we will require you to meet (including, but not limited to, the costs of materials and parts);
- The Quotation will, together with these terms and conditions, form a contract between us, and where a contract is entered into between us and you, you will be deemed to have accepted the contents of the Quotation in full.
- For the avoidance of doubt, we shall not be under any obligation to give you a Quotation and we shall not be bound by any estimates given verbally or which contain any manifest error.
- Price and payment
- The contract price is set out in the Quotation, which includes details of the costs we will charge for labour, materials and parts as well as any additional costs, expenses or disbursements.
- The intervals at which we may invoice you in respect of the whole or an installment of the contract price are set out in the Quotation.
- Notwithstanding clause 5.1 and 5.2 above, we may vary the contract price from the amount set out in the Quotation where we have provided services and/or supplied materials which are different or in addition to those set out in the Quotation, either at your specific request or because we have been required to complete additional work which was not anticipated at the time the Quotation was made.
- If specialist materials need to be ordered, a deposit of 40% is required before any order is placed and the remaining balance is payable on completion of the work.
- You agree:
- not to withhold any sums due to us;
- to settle all invoices raised by us immediately upon completion of the services supplied or, if you are a business account customer, within 7 days of such completion;
- to pay us interest at a rate of 10% per annum on any payments which are not settled in accordance with clause 5.5(b); and
- to pay to us such costs and expenses (including legal fees and expenses) as we may incur in recovering payment from you where you fail to make payment in accordance with these terms and conditions (please note that all outstanding accounts will be passed to our debt collection agency and will be subject to a surcharge of 15% plus VAT to cover our recovery costs, in addition to any legal costs incurred in obtaining recovery).
In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and where you are a consumer within the meaning of section 12 of the Unfair Contract Terms act 1977, you may cancel this contract within 14 calendar days of requesting our services (or within whatever extended period we may specify in the Quotation) and shall be entitled to a full refund of any monies paid to us, less an amount representing any reasonable administration costs which we have incurred. Any cancellation outside this period will not entitle you to a refund of any monies paid. However, you may not cancel our contract where you have requested a visit from us for urgent repairs or maintenance.
- Your obligations
- You shall co-operate with us as may be necessary, including but not limited to:
- permitting us access to the property or location in which the services are to be supplied (the “Site”) and ensuring that such access is appropriate and adequate;
- providing us such facilities as may be necessary in order to allow us to complete the services; and
- following our reasonable instructions relating to safety and the state of work which has recently been completed by us or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
- Unless the Quotation specifies otherwise, you will be responsible for any cleaning and redecorating which is necessary to the Site after we have completed the agreed services (with the exception of the removal of waste materials, which shall be our responsibility as set out in clause 8.4 below).
- You shall be responsible for any permissions, licences or consents which are necessary in order for the services to be provided. You warrant that you have applied for and obtained all such necessary permissions, licences or consents prior to contracting us.
- Our obligations
- We shall perform all services with reasonable care and skill and to a reasonable standard and shall comply with all relevant codes of practice and statutory or regulatory requirements.
- Whilst we shall take all reasonable steps to match our work to existing colours, finishes or other aesthetics (as you may direct) we cannot guarantee any such match.
- We shall take all reasonable care with your property, including taking reasonable steps to protect your furnishings and wall and floor coverings, and the finish of doors and windows during the provision of the services.
- We shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from your property as a result of the provision of the services.
- We shall at all times hold a valid public liability insurance policy and shall hold and keep up to date any and all licenses or permits as may be required in order to provide the services.
- Property rights and assumption of risk
- Any property rights, title or ownership in any property or materials which are used by us in providing or delivering the service shall remain with us until you have made payment in full in accordance with these terms and conditions.
- In addition to any statutory rights which you may have, we guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 12 months from the completion of the services, provided that this guarantee shall not apply to any defect or flaw which is caused by or results from:
- any misuse, failure to adequately and properly maintain, neglect or failure to follow instructions or recommendations on your part;
- mechanical damage (which is not in itself a result of any defect in the workmanship or materials) and which arises after risk in the property has passed to you; or
- any repair, modification or tampering by anyone other than us.
- We shall determine at our sole discretion the manner in which we will satisfy this guarantee, whether by repairing, re-performing, or replacing the services, or by refunding to you all or part of the monies which have been paid.
- If you consider that the services are defective upon delivery or performance then you shall notify us this within 7 days, failing which you shall not be entitled to claim the benefit of this guarantee.
- This guarantee shall not become effective until you have paid us in full, failing which you shall not be entitled to claim the benefit of this guarantee.
- We will accept no liability for or guarantee the suitability of materials supplied by you and will accept no liability for any consequential damage or fault.
- Making a complaint
If you have a genuine complaint please contact us initially by phone stating your name, postcode and job number (if known). We would also encourage you to put your concerns in writing. If the complaint is genuine, we will endeavour to repair/rectify the fault within 72 hours at no cost to you. Should equipment be found to be faulty, and a replacement is required, this will be done at no additional cost and we will always replace with an equal or higher security lock. Should you still feel that your grievance has not been dealt with in full you should contact us further.
- Termination of services
- Our agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with clause 12.2 below.
- Without prejudice to the above we may immediately terminate our agreement to provide the services where any of the following circumstances arise:
- you are in breach of our contract, including but not limited to your failure to make payment within the agreed timescales;
- you become insolvent or cease to carry on the whole or substantially the whole of your business.
- Upon termination of our contact you shall pay us such sums as are outstanding for work done and expenses incurred up to and including the date of the termination.
- Any right to terminate our contract shall be without prejudice to any accrued rights or liabilities arising out of our contract which are in existence at the date of termination.
- Disclaimers and exclusions
- Any time or date quoted by us for the performance of any services and/or the supply of any materials is an estimate only and while we will use reasonable endeavours to ensure that such time or date is met, we shall not be liable for any loss (financial or otherwise) arising from any failure to meet such time or date.
- We shall not be responsible in any circumstances to you or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
- Nothing in the foregoing shall be read as restricting or limiting in any way our liability for death or personal injury.
- Force majeure
We shall not be liable for any delay or failure in performing our obligations or duties under this contract which results from circumstances outside our reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
- Warranty of contractual capacity
You warrant that you are authorised and permitted to enter into this agreement and have obtained all necessary permissions and approvals.
- Whole agreement, governing law, severability and miscellaneous provisions
- These terms and conditions constitute the entirety of the agreement between the parties and supersede any prior representations which may have been made, whether orally or in writing. Any modification to or waiver of these terms and conditions must be made in writing and signed by both parties.
- These terms and conditions shall be governed by the law of Ireland and the parties agree to submit to the exclusive jurisdiction of the Ireland courts.
- All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of these terms and conditions be found invalid this will not affect the validity or enforceability of any other provision or of these terms and conditions as a whole.
- These terms and conditions shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
- Nothing in these terms and conditions shall confer any rights on a third party and no third party may enforce any provision of these terms and conditions under the Contracts (Rights of Third Parties) Act.
- The failure by either party to enforce any of these terms and conditions shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of these terms and conditions.
Please read these terms and conditions carefully before using the site
What's in these terms?
These terms tell you the rules for using our website www.locksmithservice.ie (“our site”).
Who we are and how to contact us
www.locksmithservice.ie is a site operated by DIALOCK Limited ("We"). We are registered in Ireland as a limited company under number 909137 and have our registered office at OFFICE 3, BLOCK 3, AIRVISTA OFFICE PARK, SWORDS ROAD DUBLIN 9 D09 VK65
To contact us, please email email@example.com or telephone our customer service line on 019 079 366.
By using our site you accept these terms
There are other terms that may apply to you
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Our site is only for users in the UK
Our site is directed to people residing in the Ireland. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off a copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which are set out in our terms and conditions of supply.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site, or use of or reliance on any content displayed on our site.
- In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you are a consumer user:
- You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set oy below;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- Knowingly to transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Which country's laws apply to any disputes?