Terms and Conditions

TERMS AND CONDITIONS

1. DEFINITIONS
   1. Act means the Credit Contracts and Consumer Finance Act 2003.
   2. Default has the meaning set out in clause 4.
   3. PPSA means the Personal Property Securities Act 1999.
   4. Unpaid Balance has the meaning set out in the Act
   5. The company means Local Locksmiths Ltd and any of its subsidiaries

2. CONTRACT
   1. The Contract shall arise upon both parties agreeing to The Company supplying goods and/or services. In the case of the Client, acceptance shall be completed upon the Client either verbally or in writing requesting The Company to proceed with work and/or signing an authority to proceed, estimate or quote, prior to commencement of work.
   2. The Client acknowledges and agrees that in the event the Client requests a Call-Out to carry out Services then the Company reserves the right to charge a minimum Call-Out Fee equivalent to 1.25 hours labour. The call-out fee is payable regardless of time on site and whether or not the issue can be identified and/or remedied. This fee covers reasonable costs incurred, such as general running costs, admin, workshop and travel time.
   3. In the event the Company is required to provide the Services urgently, that may require staff to work outside normal business hours (including but not limited to working, through lunch breaks, weekends and/or Public Holidays) then the Company reserves the right to charge the Client additional labour costs (Rates will apply at double normal rates for this work), unless otherwise agreed between The Company and the Client.

3. QUOTATIONS/ESTIMATES
   1. Local Locksmiths does not provide fixed quotes for services. Any reference to the word Quote is due to the limitations of our system software, and any “quote” received should be treated as an estimate only.
   2. Estimates issued by the Company are valid for thirty days from the date of issue.
   3. The Company reserves the irrevocable right to withdraw any estimate where a genuine error has been made on the Company’s behalf, or if the situation for which the Estimate was prepared has changed.
   4. Once the company’s estimate has been accepted, no variation to the scope of work or to these terms and conditions shall be valid unless agreed in writing.

4. DEFAULT
   1. The client is in default under this agreement if the Client breaches any term of this agreement, including failing to make any payment when due; if any representation made, or information provided, by the Client to The Company is untrue in any material respect; the goods are at risk; being in default of any other agreement between the Client and The Company whenever that other agreement was entered into; if The Company’s security interest in the goods does not have priority over all other secured parties; or the Client or any guarantor goes into liquidation or bankruptcy, or a receiver is appointed in respect of the Client or any guarantor. The Client acknowledges that, every other agreement between The Company and the Client whether entered into before or after this agreement, is collateral to this agreement and a default under any other agreement is deemed to be a default under this agreement.
   2. If payment of our invoice is not received on or before the due date for payment, Local Locksmiths may charge a Late Payment Fee on the outstanding balance as at the due date and monthly thereafter on the outstanding balance remaining until all monies due have been paid in full and/or charge interest on the overdue balance at the rate of three percent (3%) per annum above the current unarranged overdraft rate charged by our bank. Interest will be charged on a daily basis from the due date until all monies, including interest, have been paid in full.
   3. The Client indemnifies THE COMPANY and any receiver appointed by THE COMPANY against all costs, losses and expenses (including collection and solicitors costs) incurred in attempting to obtain or obtaining a remedy for the Client’s failure to comply with the terms of trade  in relation to this agreement, and in exercising any of THE COMPANY’s rights or recovering any amounts owed to THE COMPANY (including any default interest, storage, repossession, legal or recovery costs in relation to goods supplied); and any claim by any person relating to the goods, or the exercise by THE COMPANY or the receiver of any right under this agreement. This indemnity extends to fees for compliance with a demand which is given under section 162 of the PPSA but where this agreement is a consumer credit contract, the indemnity is subject to the Act.

5. PRICES AND PAYMENT
   1. The client agrees to the due and punctual payment to The Company by the client, of all monies which are presently owing, or which may in the future become owing to Local Locksmiths by the Customer, in respect of services and goods supplied by Local Locksmiths to the Customer.
   2. Unless otherwise stated Goods and Service Tax is not included in our prices and will be added to any stated price.
   3. Payment in full must be made within seven days following the date of invoice. The Client may not set off any payments owing to the Company against any payments owed by the Company to the customer or any claims that the customer may have against the Company.
   4. Where work is undertaken over a period exceeding two weeks, a progress claim may be issued for work done and costs incurred up to the date of the payment claim. The Company will cease work on any site or job immediately on any payment from the customer becoming overdue. The company will not be responsible or liable for any delay whatsoever this may cause in accordance with the CONSTRUCTION CONTRACT ACT 2002.
   5. Any time taken to remedy conditions and/or structures that are found to be different from expected and/or delays that are outside of our control that could not have been reasonably foreseen, will be treated as a variation/addition to any estimate provided, and charged out separately at our hourly rate.

6. PRIVACY
   1. Local Locksmiths and its servants and agents may obtain from and give to persons certain information about you including (including, 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/personal information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice). The personal information provided, obtained and retained by Local Locksmiths about you will be held and will only be used for the purposes of providing the required services to you, determining eligibility for credit; to make such enquiries as may be deemed necessary to investigate your creditworthiness at any time whether now or in the future, enforcing debt and legal obligations under the Agreement and for the purpose of marketing products and services to the client.   Local Locksmiths will also provide details of the transactions carried out under this Agreement to a credit reporting agency (CRA) and report any default under this agreement to the CRA and use the CRA’s monitoring service to receive updates if any of the information about you changes and providing information to the CRA. The CRA will hold that information on their systems and use it to provide their reporting service. The CRA may give any information you provide to its other customers. Your personal information may be held by Local Locksmiths electronically or in hardcopy in New Zealand or elsewhere but in all cases Local Locksmiths will control that information.  You have a right under the Privacy Act 2020 to obtain access to and request correction of any information held by the Recipient and any CRA.
   2. Where the Customer is an individual the authorities under the privacy clause are authorities or consents for the purposes of the Privacy Act 2020
   3. The Customer can make a privacy complaint by contacting The Company via e-mail. The Company will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to decide on the complaint within twenty (20) days of receipt of the complaint. In the event, that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz
   4. All emails, documents, images or other recorded information held or used by The Company is “Personal Information” as defined and referred to in clause 6.1 and therefore considered confidential. The Company acknowledges its obligation in relation to the handling, use, disclosure, and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. The Company acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by The Company that may result in serious harm to the Customer, The Company will notify the Customer in accordance with the Act.  Any release of such Personal Information must be in accordance with the Act and must be approved by the Customer by written consent, unless subject to an operation of law.
   5. The Company will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

7. OWNERSHIP
   1. Title, or ownership, of any goods supplied and/or installed by the Company remains with the Company until payment in full has been received by the Company, however risk and responsibility for the goods (including insurance responsibility) passes to the Client immediately on receipt / installation of the goods.
   2. Should payment for any goods supplied and/or installed by the Company become overdue the Client hereby authorises the Company, without prejudice to any other rights of action the Company might have, to enter any premises where the goods are thought to be held, whether locked or unlocked to re-possess the goods. In the case of installed goods such as, but not limited to, locking and alarm systems, the Company will remove the individual components making up the installed system. The Company will not be responsible for any damage caused in both entering the premises where the goods are thought to be held or in the removal of any installed goods, however the Company will ensure no greater damage is caused other than what would be considered incidental to removal of the goods.
   3. The client grants The Company a security interest in the goods supplied, including all accessories, replacement parts, and other goods which now or hereafter are supplied and all proceeds to secure the payment and performance of all of the clients past, present and future indebtedness and obligations to The Company under this agreement and under any other agreement or deed The Company has previously entered into with the client or may enter into with the client from time to time.

8. PPSA:
   1. PPSA: The Client agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this agreement and waives any rights under sections under sections 116, 120(2), 121, 125, 129, 131 and 148 of the PPSA

9. RISK
   1. All goods and materials are held at the Client’s risk while on the Client’s premises or premises under the Client’s control. Any loss arising from theft, destruction or damage from any cause whatsoever shall be borne by the Client.

10. TIME TO COMPLETION
    1. The Company will complete the work within a reasonable time and will endeavour to meet any target date the Client makes known to the Company. Should it be necessary to work outside ordinary working hours to meet the Client’s completion target or due to any other circumstances outside the Company’s control, the Client shall be liable for any extra costs incurred.

11. WARRANTY
    1. The Company warrants that it will remedy any defective workmanship and replace any faulty material that is reported to the Company in writing within 30 days of completion of the contract works. This performance warranty does not extend to any goods or materials supplied by the Client. In respect of work covered by the Consumer Guarantees Act this warranty is in addition to any rights the Client may have under that Act.
    2. Warranties offered on all other goods or services, unless otherwise stated, are for a maximum duration of 12 months unless otherwise specified.
    3. Warranties offered by the Company do not cover acts of God, and other circumstances beyond the reasonable control of the Company including (without limitation) any act (whether criminal or otherwise) by any third party.
    4. Any warranty offered by the Company shall become null & void if payment for those goods or services, or future additions or service to them, becomes overdue. Notification of the cessation of warranty is not required to be given by the Company.
    5. The Company will not be liable to the customer for any damage, loss or injury caused due to the misuse, malfunction, failure, inadequate coverage, poor installation techniques or poor system design of the goods supplied.
    6. Any equipment that is covered under warranty by the Company may only be serviced altered or adjusted by the Company. If equipment supplied by the Company is in anyway tampered with, adjusted or serviced (other than in their normal day to day use) by any other person or company then any warranty offered will immediately become null and void.

12. ACCEPTANCE AND DURATION
    1. By engaging the services of the Company, with either verbal or written consent, it must be assumed that the Client has read and accepts these terms of trade.
    2. This agreement shall be unconditional and continuing and shall be irrevocable and shall remain in full force and effect until all the monies owing to Local Locksmiths whether now or in the future by the Customer and all the obligations under this agreement have been fully paid, satisfied or performed.
    3. Any indulgence THE COMPANY grants, or concession THE COMPANY makes, to the Client or any Guarantor does not waive any of THE COMPANY’s rights under this agreement, and the Client or Guarantor will not be released from any of its or their obligations under this agreement until THE COMPANY expressly grant such a release in writing.

13. ASSIGNMENT
    1. THE COMPANY may, at any time, assign its rights, title and security interest in the Vehicle and this agreement or Guarantee without the client’s consent and without affecting the CLIENT’s liability or that of any Guarantor. The client may not assign this agreement without THE COMPANY’s prior written consent

14. SET-OFF
    1. The Client acknowledges that THE COMPANY can, at any time and without any notice, set-off any amounts THE COMPANY owes to the Client against any of its present and future indebtedness and obligations to THE COMPANY under this agreement or set off amounts THE COMPANY owes to the Client under this agreement against any other agreement between the Client and THE COMPANY

15. SERVICE ADDRESS
    1. The Client agrees that either the physical address or email address provided to us shall be treated as addresses for service for the purposes of any communications under this agreement, and that if the Client moves from that address or ceases using the email address those will continue as addresses for service for the purposes of this agreement until the Client notifies THE COMPANY of the new address or new email address, if any. That new address and/or email address shall then be treated in the same manner as addresses for service

16. GUARANTEE
    1. In consideration of THE COMPANY entering into this agreement with the Client, and should a personal guarantee be provided, the Guarantor(s) jointly and severally guarantee the due and punctual payment to THE COMPANY by the Client, in the manner and at the times agreed upon between THE COMPANY and the Client, of all amounts owing to THE COMPANY at any time by the Client or which may otherwise become payable by the Client to THE COMPANY.

17. GUARANTOR ACKNOWLEDGEMENT
    1. The Guarantor(s) jointly and severally acknowledge and agree:

(a) to be bound as principal debtors;

(b) the liability of each Guarantor under this guarantee will not be released by any delay or other indulgence or concession which THE COMPANY may grant to the Client or any compromise which THE COMPANY may reach or variation THE COMPANY may agree with the Client, or by any other act, matter, circumstance or law whereby the Guarantor(s) may but for the provision of this clause have been released from liability under the guarantee.

(c) that the guarantee is a continuing guarantee and will be irrevocable and remain in full force and effect until THE COMPANY grants a written release of the guarantee and that this guarantee will bind our respective personal representatives;

(d) that THE COMPANY may at its discretion enforce the Guarantee without enforcing any other guarantee or security that THE COMPANY may hold from time to time;

(e) the Guarantee is in respect of all obligations and liabilities (past, under this agreement and future) to the THE COMPANY;

(f) the interest rate, terms, security and other provisions which relate to this agreement may change from time to time and the Guarantee is not released by such changes; and

(g) the Guarantee was shown to the Guarantor and discussed with the Guarantor prior to it being signed.

(h) not in any way to compete with THE COMPANY for payment in the event of the bankruptcy or liquidation of the Client; and

(i) the guarantee is in addition to, and not in substitution for, any other security or rights which THE COMPANY may presently have or may subsequently acquire and this guarantee may be enforced against each of us without having recourse to any such securities or rights and without making demand or taking proceedings against the Client or the other(s) of us.

18. GOVERNING LAW:

This agreement will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and the parties submit to the non exclusive jurisdiction of the New Zealand courts. The client agrees that the court hearing location will be determined by the Company.