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The boring bit
Below are our terms for the use of this Website, whether as a guest or a registered user - please read these terms carefully before using this Website.
1.1 “Https://lockertek.co.uk”, “Us”, “Our” and “We” all refer to this Website, or the owner of it, which Website belongs to Lockertek Ltd (company number 07774684), a private company registered in England and with its registered office address at Unit 1F Snetterton Business Park, Harling Road, Snetterton, Norfolk, NR16 2JU, whose main trading address is at Unit 1F Snetterton Business Park, Harling Road, Snetterton, Norfolk, NR16 2JU. Lockertek Ltd is a trading name and unregistered trademark of Lockertek Ltd.
1.2 “You” refers to you the visitor and, or customer.
1.3 “Website” means this website at https://lockertek.co.uk.
2. Access to website
2.1 You can access most parts of this Website without having to register any details with us. This includes all articles, guides, news and product information pages within the Website. Access to our customer control panel is only available to registered members. Registration is free.
2.2 It is for you to make the proper arrangements for you to access this Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of this Agreement, and that they comply with it.
3. Use of website and services
3.1 Any material that is available free of charge on this Website you are permitted to use for your own personal use, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You promise that you will not resell or otherwise attempt to commercially benefit from the Website content.
3.2 All intellectual property (including without limitation copyright) in this Website and its content belongs to us or our licensors and are protected by copyright laws around the world. You have permission to print one copy and download extracts of any web page(s) from our Website for (a) your personal use and (b) to mention to colleagues in your organisation. You do not have permission to use any illustrations, photographs, video or audio files separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on the Website in a derogatory manner.
3.3 Otherwise than in accordance with clause 3.1, no part of this Website may be used without our prior permission.
3.5 We do not guarantee that our Website will be free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our Website and using appropriate firewall and virus protection software.
3.6 Our terms and conditions of supply https://lockertek.co.uk/terms-amp-conditions will apply if you purchase goods or services from our Website.
4. Site uptime
4.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this Website is unavailable at any time. We do not guarantee that our Website, or any content on it, will be available uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
4.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues, but shall not be obliged to do so.
5. Visitor conduct
5.2 When using this Website you must not attempt unauthorised access to our Website, the servers on which our Website or database are stored or any servers, computer or database connected to our site, and you shall not post or send to or from this Website any material:
5.2.1 for which you have not obtained all necessary consents;
5.2.2 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; or
5.2.3 which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data.
5.3 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.
5.4 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 5.2.
5.5 If a third party alleges that content posted by you on our site is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.
6. Your account and password
6.1 If you choose, or you are provided with, a user log-in or password as part of our security procedures, you must keep such information confidential.
6.3 If you suspect anyone else knows your user log-in or password, you must promptly notify us at firstname.lastname@example.org. You can also use this email address if you have problems with logging in or access.
7. Links to and from other websites
7.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
7.2.1 you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing;
7.2.2 you do not misrepresent your relationship with us or present any false information about us;
7.2.3 you do not link from a website that is not owned by you; and
7.2.4 your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
7.3 If you choose to link to our Website in breach of Paragraph 7.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
8. Disclaimer and exclusion of liability - please read carefully
8.1 Our Website is made available free of charge. We take reasonable steps to ensure that the information on this Website is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Website or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.
8.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
8.3 All information and services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
8.4 Any information on the Website in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Website, you must obtain suitable advice from a professional or specialist.
8.5 You use the Website at your own risk - neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
8.6 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website) shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Website.
8.7 We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to:
8.7.1 use of, or inability to use, our Website; or
8.7.2 use of, or reliance on, the contents of our Website.
8.8 In addition if you are a business user, we will not be liable to you for:
8.8.1 lost profit or turnover;
8.8.2 interruption or disruption of your business;
8.8.3 your failure to make anticipated savings;
8.8.4 lost business opportunities or damage to your goodwill or reputation; or
8.8.5 indirect or consequential losses.
8.9 In addition if you are a consumer, you agree not to use our site for any commercial or business purposes, and we shall have no liability to you for anything mentioned in Paragraphs 8.8.1 to 8.8.5.
8.10 We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Website or your downloading of any content on it, or on any website linked to it.
8.11 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.
9.1 If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
9.2 Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Website.
9.3 You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.
9.4 Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.
9.5 We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
10. Governing jurisdiction
10.1 These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
Other Terms & Conditions
A, Estimates or quotations
(i) A quotation by the Company does not constitute an offer by the Company to supply the goods stated therein and no order placed in response to the Company’s quotation will be binding unless accepted by the Company in writing. The Company reserves the right to change the design or specification of the goods without prior notice and without liability to the customer.
(ii) The Sellers quotation shall be valid for 30 days unless otherwise quoted.
(i) The Company shall be entitled to adjust the Contract price of the Goods and/or Services whether before or after the making of the Contract in the event of variation in the cost to the Company of supplying the same or any part thereof caused by:
(ii) any increase in the cost of materials or services required by the Company for the completion of the Contract or
(iii) any increase in wages or production and manufacturing costs or other overheads or
(iiii) any other reason whatsoever beyond the control of the Company including (but without prejudice to the generality of the foregoing) fluctuations in exchange rates between monetary currencies the action of any government or any other authority or any labour problems.
(iiiii) Orders placed with the Company will not be subject to any additional discounts or retentions. Our products are guaranteed for a period of twelve months which is the usual retention period. We will repair under this guarantee any faults which occur within this period - providing the fault is due to faulty manufacture and not customer mis-use or abuse. Payment must be received by the Company before delivery. Subject to credit being approved accounts are due for payment not later than fourteen days after dispatch. When the deliveries are spread over a period each consignment will be invoiced as dispatched and each month’s invoices will be treated as a separate account and be payable accordingly. Failure to pay for any goods or for any delivery or instalment shall entitle the Company to suspend further deliveries and work both on the same order and on any other order from the Customer without prejudice to any other right the company may have. The company also reserves the right to charge interest on overdue accounts. Such interest shall be calculated on a day to day basis on the amount outstanding at the rate of 4% per calendar month. The Company reserves the right where genuine doubts arise as to a Customer’s financial position or in the case of failure to pay for any goods or any delivery or instalment as aforesaid to suspend delivery of any order or any part of instalment without liability until payment or satisfactory security for payment has been provided.
(iiiiii) Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
C. Ownership of goods
(a) Risk in the goods shall pass to the Customer when the goods are delivered to the Customer
(b) Notwithstanding sub-clause (a) legal and beneficial ownership of the goods shall remain with the Company until payment in full has been received by the Company:
( i ) for those goods
( ii ) for any other goods supplied by the Company
( iii ) of any other moneys due from the Customer to the Company on any account
(c) Until property in the goods passes to the customer under sub-clause (b) about the Customer shall:
( i ) Be bailee of the goods
( ii ) keep the goods separately and readily identifiable as the property of the Company
(d) ( i ) Not withstanding sub clause (b) above the Customer may ( as between it and its customer only ) as principal in the ordinary course of its business sell the goods by bona-fide sale at full market value or in the ordinary course of its business use the goods;
( ii ) Goods shall be deemed sold or used in the order delivered to the Customer; ( iii ) Without prejudice to d(i) above, any resale by the Customer of goods in which property has not been passed to the Customer shall ( as between the Company and the Customer ) be made by the Customer as agent for the Company.
(e) ( i ) If goods in which property has not been passed to the Customer are mixed with or incorporated into other goods the property in those other goods or the proceeds of sale thereof shall be held on trust by the Customer by the Company
( ii ) The Customer shall keep any proceeds of sale as referred to in sub-clause (e) (i) above in a separate account and the Company shall have the right to trace such proceeds ( according to the principals in re Halletts Estate ( 1880 ) 13 ch D696 )
( iii ) Upon accounting to the Company for the entire proceeds of sale made under sub-clauses (d) (ii) and (e) (i) above, the Company will pay to the Customer a commission equivalent to the difference between the sums owed to the Company and the value of such proceeds.
(f) The Customer assigns to the Company all rights and claims the Customer may have against its own customers and others in respect of goods specified in sub- clauses (d) (iii) and (e) (i) above.
(g) At any time prior to property in goods passing to the Customer ( whether or not any payment to the Company is then overdue or the Customer is otherwise in breach of any obligation to the Company ) the Company may without prejudice to any other of its rights:
(i) Retake possession of all or any part of the goods and enter any premises for that purpose ( or authorise others to do so ) which the Customer hereby authorises;
(ii) Require delivery up to it of all or any part of the goods;
(iii) Terminate the Customer’s authority to resell or use the goods forthwith by written notice to the Customer which authority shall automatically terminate ( without notice ) upon any insolvency of the Customer or it going into liquidation ( as defined in the insolvency act 1986 ) or it having a receiver or other similar officer appointed or calling a meeting of its creditors or any execution or distress being levied on goods in its possession.
(h) The Company may at any time appropriate sums received from the Customer as it thinks fit notwithstanding any purported appropriation by the Customer.
(i) Each clause and sub-clause of this condition is separate, sever able and distinct.
Warranty on our goods
D. The Company warrants that it will (at the Company’s choice) either replace or refund the full purchase price of any goods which are found within a period of three days from dispatch of such goods from the Company’s works ( " the warranty period " ) to the defective or not in accordance with the contract or any expressed description representation given or made on behalf of the Company in respect of the goods. The Customer’s remedies in respect of any such claim under the foregoing expressed warranty or any condition or warranty implied by law or any other claim in respect of the goods or any workmanship in relation thereto ( whether or not involving negligence on the part of the Company ) shall in all cases be limited to replacement or refund of the purchase price as aforesaid and any condition or warranty implied by law shall cease to apply after the expiry of the warranty period; and the Company shall not in any circumstances be liable for any damages, compensation, costs, expenses, losses or other liabilities, whether direct or consequential and any other remedy which would otherwise be available in law is hereby excluded except to the extent that such exclusion is prohibited by any rule of law. A claim in respect of any defect or failure to comply with the specification or order in respect of any delivery or instalment of any order or any part thereof shall not entitle the Customer to cancel or refuse delivery or payment for any other order, delivery or instalment or any part of the same order, delivery or instalment.
E. Conditions of delivery
(i) - Unless otherwise stated our general delivery terms are worked on a week commencing basis, where goods will be delivered any time during the week in question. Should the customer require a set / timed delivery date extra costs may incur. Our Lockertek sales office must be informed of any delivery procedure / restrictions at the agreed delivery site prior to goods being dispatched. Standard delivery may not include Pedestrian Zones that operate time limits on deliveries. Should our delivery vehicles be turned away due to the above procedures not being adhered to, additional re-stocking / re-delivery charges may be incurred by the customer.
(ii) - Whilst the Company will make every reasonable effort to complete the Contract by the date or dates specified for delivery of Goods and/or provision of Services such date or dates shall only constitute the times by which the Company expects to effect such delivery and if no time is agreed delivery and/or provision will be in a reasonable time but the time for performance of the Contract by the Company shall not be essence of the Contract, the Company failure to deliver and/or provide by the due date or dates shall not constitute a breach of Contract and the Company shall not in any circumstances be responsible for any direct or consequential loss or damage of any kind whatsoever resulting from such breach.
(iii) – Neither of the parties shall be responsible to the other for any delay in performance or non-performance due to any causes beyond the reasonable control of the parties, but the affected party shall promptly upon the occurrence of any such cause so inform the other party in Writing, stating that such cause has delayed or prevented its performance under the Contract and thereafter such party shall take all action within its power to comply with the terms of the Contract as fully and promptly as possible
Locker repairs and installations
F, The quoted price is calculated upon and assumes:
• site will be clear and ready to accept goods
• site will have adequate lighting and power supply
• our installation operatives can work from 8.00am until 6.00pm each day and that the installation is carried out during normal working hours
• there is clear access for large goods vehicles of 32’ minimum length
• whilst unloading and installing the installation operatives shall have priority use of lifts, corridors and the installation area
• the client will provide means by which the installation operatives may dispose of packaging and surplus materials
Cancellation or orders
8. The Company reserves the right to charge the full asking price for cancelled orders. Cancellations may be accepted at the discretion of the company – charges may apply. All cancellations must be submitted in writing by the customer and will only be accepted once acknowledged by Lockertek in writing.
9. The contract shall in all respects be governed by and construed in accordance with English Law and the Customer hereby submits to the exclusive jurisdiction of the courts of England and Wales.
Version: November 2019