ReplaceMyKey.com (“the Company”) supplies all products and services on the following terms. No variation of these terms are effective unless in writing by the company
Within the terms of condition and supply are defined as follows:
“Company”: means ReplaceMyKey.com Limited (Company No 10283361) who’s registered office is at 5 Argosy Court, Scimitar Way, Whitley Business Park, Coventry CV3 4GA and its appointed contractors
“Customer”: means and individual or company who has requested goods or services from the Company.
“Product”: means aby goods supplied to a Customer by the Company.
“Services”: means any service supplied to a Customer by the Company.
“Property”: means motor vehicle, house, premises, commercial premises, safe etc
“Acceptance”: means the Customer execution of this agreement, the making of any order or signing of the Companies Worksheet upon completion and will be deemed to be an acceptance by the customer of these terms
1.1 Value Added Tax (“VAT”) shall be chargeable on all applicable Products and Services at the prevailing rate (If applicable)
2. Vehicle Condition
2.1 It is assumed that the condition of the vehicle is reasonable and is in good all round working order with a fully charged battery. If you have any faults with your vehicle please let us know immediately as some faults may need to be fixed before keys can be successfully coded.
2.2 If the vehicle has not been driven in the past 2 weeks please inform us.
2.3 Any Call Outs where the work cannot be completed due to the condition of the vehicle or faults with the vehicle then our full charge still applies. Any further call outs will be liable to a minimum charge of £105 + VAT which will be need to be paid upfront before we re-attend.
3.1 All goods remain the property of ReplaceMyKey.com until paid in full
3.2 ReplaceMyKey.com will retain legal beneficial ownership of any products and other goods which the products have been incorporated into until it receives payment in full for them and all other amounts owing to it.
3.3 The Customer irrevocably grants the Company a Licence to enter upon the premises in which any products are installed and remove the products at any time until payment for products, services and any other services owing to ReplaceMyKey.com is made
4. Trading accounts
4.1 Trading accounts are available to approved Customers upon application to, and approval of the Company.
4.2 Trading accounts will be available on strict terms specified by the Company from time to time.
4.3 Our Credit Policy is strictly the 20th of the month following, or 7 days, as per arrangement with the Company.
4.4 The maximum value of any trading account shall be limited to £500.
5. Charges and Payment
5.1 All charges shall be due in full at the time of delivery unless a Customer Credit Account is in place.
5.2 Payments are accepted by cash or credit/debit card. Payment by cheque may be accepted by prior approval of the Company.
5.3 Where a Customer Credit Account is in place, the Company shall invoice the Customer on completion of the Services
5.4 The Customer shall pay each invoice submitted by the Company in full within 30 days of the date of the invoice or in accordance with the Company's Credit Policy.
6. Late Payment
6.1 If the Customer does not pay any amount payable to the Company by the due date for payment, the Customer may be liable for any administration costs, debt collection fees, interest and other associated costs for late monies paid (in addition to the Customer remaining liable for the full amount outstanding to the Company).
6.2 Interest on late payments shall be charged at 8 per cent per annum (being the County Court's Statutory Interest Rate) which shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment
6.3 The Company reserves the right to place Customer Credit Accounts on Stop Credit (without notice) should payment not be received by the end of the month following the period end date on your statement. This allows ten extra days for consultation regarding invoices, credits etc.
6.4 The Company is unable to extend credit any further than the terms stated above.
7. Product Warranties
7.1 Where products have a third party warranty, the Company will (to the extent permitted by the third party) allow the Customer to benefit from that warranty, but will not itself be liable under that warranty. Hardware warranties do not apply to any products supplied by the Customer.
7.2 In addition, the Company warrants all workmanship carried out in the completion of services, and installation of products supplied by us, for a period of 3 months following the date upon which such services were carried out and hardware supplied. We do not, however, guarantee hardware failure due to lack of maintenance on the Customer's behalf, or for any reasons attributable to environmental and/or joinery factors beyond our control.
8. Cancellations Charge’s and Missed Appointments
8.1 If you wish to cancel your appointment or you miss your appointment, then as long as you have notified us with a least 24hrs notice then there is no charge except for any parts or codes that have been ordered. If you wish the cancel the appointment within 24hrs then we reserve the right to charge up to 100% of the job.
9. ALL KEYS MUST BE PRESENT
9.1 Whether we are attending a spare key, lost key or broken key, we recommend that all keys for the vehicle that we are working on are made available to us. Any keys not made available to us, maybe erased from the vehicle. ReplaceMyKey.com cannot be held responsible of any key that was not made available at the time of working on your vehicle and then consequently is now not working. Additional charges will apply for any key not made available at the time of key programming that then needs reprogramming. In some cases certain keys cannot be reprogrammed again.
10. Dealer Price
10.1 The definition of a Dealer is a Main Dealer who is authorised by the manufacturer to Sell and Repair that manufactures vehicles
10.2 All dealer prices quoted are approximate and can vary between Main Dealers and can change on a daily basis. Whilst we endeavour to make these prices as accurate as possible by carrying out price comparisons, it is always advisable that dealer prices should only be taken as a guide price.
11. Key Pictures
11.1 Please note the pictures of the keys are shown for reference only and should not be taken as an exact representation of the key.
12. Price Includes
· Factory Key Numbers or Key codes.
· Call Out to your Home, Roadside or Place of Work
· Key Diagnostic Programming
· Cutting your Key
· Labour Associated with Making
· VAT @ 20%
· One Key unless otherwise agreed
13. Price Excludes
· Fixing or diagnosing faults with your vehicle (Although we can carry out diagnostic scans of your vehicle at an extra costs)
· Any loss of money caused by not being able to use your vehicle due to having no keys
14. Original Keys, Aftermarket Unbranded Keys and ReplaceMyKey.com Branded Keys Definitions
14.1 An original key is defined as an OEM Key (Original Equipment Manufacturer) which is a key that that is made by the original manufacturers
14.2 Aftermarket or Unbranded or ReplaceMyKey.com Branded Keys are NOT original keys.
14.3 These Key types are in no way sold as an original key, but as an alternative to an OEM (Original Key) these keys offer great value for money along with the same great 12 months guarantee. These keys are a good quality key which we have tested thoroughly. Please note these keys do not have any manufacturer’s badges on them.
15. ReplaceMyKey.com Price Promise
15.1 In the unlikely event that you find an identical service or repair from a competitor business we will beat any Company written like for like quotation by 5%. The quotation must be a written quotation and Include VAT from A VAT registered company in the UK.
15.2 All price comparisons must be submitted and authorised before any work has been agreed. No retrospective quotations submitted after the work has been agreed will be considered.
15.3 Parts, Response times and Guarantee must be match that of ReplaceMyKey.com.
Excludes trade account customers, customer with a separate agreement with ReplaceMyKey.com or discounts that are not available to the general public.
16. No of Keys
16.1 It is assumed that one key fits all your locks on your vehicle; this includes Door Locks, Petrol Locks, Ignition Lock, Glove Box Lock, and Boot Lock. If your vehicle operates on any more than 1 key please inform us immediately.
17. Our Guarantee
17.1 This guarantee covers any work undertaken by one of our Auto locksmith Technicians including defective workmanship or materials in connection with repairs carried out under the job number.
17.2 This guarantee covers the work we have carried out in relation to this job, for 12 months from the date of the guarantee or the manufactures guarantee whichever is sooner. Any unexpired portion of the guarantee may be transferred to a subsequent owner of the vehicle.
17.3 This guarantee shall not apply with respect to the following:-
the sort of remedial work undertaken by a garage or repairer which is not a ReplaceMyKey.com Auto Locksmith; normal deterioration; accidental damage; improper use; abuse; neglect; corrosion, (other than that covered by the manufacturers warranties); modifications; failure to maintain the vehicle in accordance with the manufacturer's recommendations; off-the-road use of the vehicle or use of the vehicle in competitions, racing, record attempts, rallying or otherwise than that for private or commercial use of the owner; or other users with the owner's permission; any defects or damage which has been caused through a negligent act, omission, breach of duty on the vehicles owner's part, or on the part of any third party; normal maintenance parts; wear and tear; any loss of use, any costs wholly or partially caused by delay, cost of alternative transport, towing costs, convenience factors, economic loss and all other indirect or consequential losses; save where otherwise provided by Statute.
17.4 This guarantee is without prejudice to your statutory right.
18. Customer's Indemnity
18.1 The Customer warrants that it has full authority to authorise the Company to install any product or carry out any service at the Customer's request. The Customer indemnifies the Company against the consequences of any claim by any third party following installation of the products at the direction of the Customer. Such indemnity extends to reasonable legal costs incurred by the Company arising out of any claim by the third party.
18.2 The Customer shall provide the Company with full access to premises in which products are to be installed and adequate power, lighting, and other facilities to allow the Company to install or service products. The Company may make further charges to the Customer should there be any delay, or additional attendances as a consequence of lack of access to facilities, or lack of adequate facilities. The Customer will advise the Company if it is necessary for the Company to co-ordinate with any other tradespersons.
18.3 In the event the Customer has requested the Company to gain entry to any Property the Customer:
18.3.1 Hereby confirms that it has a lawful right to gain access to the Property;
18.3.2 Acknowledges that the Property may be damaged by the Company gaining access to the said Property and the Customer voluntarily assumes the risk of that damage
19. Limitation of Liability: The Customers attention is particularly drawn to this clause
19.1 Nothing in these Conditions shall limit or exclude the Company liability for:
19.1.1 Death or personal injury caused by its negligence, or the negligence of its employee’s agents or subcontractors;
19.1.2 Fraud or fraudulent misrepresentation; or
19.1.3 Breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and possession)
19.2 Any liability of the Company for the failure of a product or service shall be limited to the cost of repair or replacement of that liability or product and in no event shall the Company be liable for consequential losses arising out of a Company product or service.
19.3 The Company cannot accept any liability for loss or damage that may subsequently be caused once the Company have on occasion put additional security on place to protect a Property.
19.4 Subject to clause 12.1:
19.4.1 The Company shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
19.4.2 the Company's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed £500.
19.5 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
19.6 This clause 12 shall survive termination of the Contract.
All complaints should be raised by the Client directly to the Company in writing within 14 days of the occurrence which gives rise to the complaint. The Company will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint.
Any Notice relating to this contract should be in writing and sent by recorded delivery to the Company.
19.9 Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
20.1 The website is owned by ReplaceMyKey.com and the data controller is Philip Tonks.
20.2 Contract Execution
20.3 Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.
20.4 Email Newsletter
· If you sign up to our newsletter we may use your email address to send you information about products or services.
· You can opt out of these at any point and you can ask for personal data to stop being recorded at any time.
20.5 Cookies and Monitoring
20.6 Monitoring is important for your consumers to understand what information you are collecting from visits. It is important that you stress the reasons why you are monitoring this traffic. Remember to mention any 3rd party services you are using that may collect cookies also, such as Google Analytics.
· Strictly necessary cookies - These are cookies that are essential to the operation of our website.
· Analytical/performance cookie - These cookies allow us to recognise and count the number of visitors to our website.
· Functionality cookies - These cookies are used to recognise you when you return to our website.
· Targeting Cookies - These cookies record your visit to our website, the pages you have visited and the links you have followed.
20.8 We may monitor traffic to our site and collect the following information:
· The IP address of your computer.
· The referring website from which you have got to our website from.
20.9 The reasons for this are:
· To make ongoing improvements to our website based on this data.
· To see our most popular sources of business.
20.10 Disclosure of Personal Data
20.11 We may disclose your personal data:
· To other companies within our group.
· If we sell our business.
· To agents and service providers.
· In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cybercrime or to protect the website, rights, personal safety of person/s.
20.12 We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
20.13 If you are concerned about your data, you have the right, subject to the payment of a small fee to request access to personal data which may hold or process about you.
21. Product Information
21.1 Describe any conditions specific to your product such as the restriction of sale for age-restricted products and services.
22. Right to Cancel
22.1 All customers have the right to cancel their orders under the The Distance Selling Regulations which gives consumers extra protection when buying online. Specific legislation here that applies is regulation of The Distance Selling Regulations.
22.2 You have the right to cancel the purchase of a good without having to give a reason at any time within the "cooling off period" of seven working days, beginning on the day after you receive the goods.
22.3 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the contract.
22.4 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
22.5 Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.
22.6 You will not have any right to cancel a purchase for the supply of any of the following goods:
· For the supply of goods the price of which is dependent on fluctuations in the financial market which cannot be controlled by the retailer.
· For the supply of good made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
· For the supply of audio or video recordings or computer software if they are unsealed by you.
· For the supply of newspapers, periodicals or magazines.
· For gaming, betting or lottery services.
23.1 All notices you send us must be sent to the contact details on this site. We may give notice to you at either the email or postal address you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.
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