Awesome Carpet Cleaning Terms of Trade
These Terms and Conditions represent a contract between Awesome Carpet Cleaning and the Customer.
DEFINITIONS “Service Provider “means Awesome Carpet Cleaning “Customer” means the person stated on the invoice who is purchasing/obtaining services from Awesome Carpet Cleaning “Services” means all services supplied by the service provider “Parties” means the Service Provider and the Customer
1. CONTRACT AND ACCEPTANCE The present Terms and Conditions are a contract between the Customer and Awesome Carpet Cleaning. Placing an order for the use of our Services constitutes an acceptance of the agreement. These terms and conditions shall be governed by the relevant New Zealand law. The Service Provider reserves the right to make any changes to any part of these terms and conditions without giving any prior notice. The Service Provider reserves the right to amend the initial quotation, should your original requirements change.
2. PRICING Prices are calculated by using average room sizes. Unless otherwise specified prices do not include goods and service tax, other taxes, levies or insurance charges. It is important to provide accurate details to the Service Provider about the area requiring the service, e.g. size of rooms, overall condition of carpets and upholstery, age, any particular staining. The price specified by quotation or invoice may fluctuate depending on undisclosed or incorrect information given prior to services provided. On presentation at the site by the Service Provider, if the requirements are perceived to be not as originally quoted, the Service Provider will discuss any variation of price from original quotation and agree the variation with the Customer before commencement of cleaning services by the Service Provider. The Service Providers terms of trade will remain applicable to any variations to the original quote.
3. CANCELLATION The Customer is required to provide 48 hours advanced notice to cancel the service. If an emergency situation occurs and leads to cancellation, a future time to complete the work can be rearranged and booked in to our schedule. The customer agrees to pay 20% of the quote as a cancellation and administration fee in the event of a lock-out caused by the Service Provider being turned away. For example but not limited to, no one home to provide access to the premises; no power or water available at the premises; a problem with the Customers door entry keys to gain access to the property or premises. The Service Provider has the right to cancel or reschedule a service in cases where an accident or any unexpected circumstances have befallen the assigned cleaning team and will keep the Customer fully notified of any such circumstances. An alternative time and date will be arranged with the Customer.
4. PAYMENT Payment must be made on, or before, the day the service is provided. Payment can be made by cash or direct banking; our bank account details are noted on the invoice and available on request. If payment is not made within 5 working days of provision of service the Service Provider will collect any outstanding money owed. If as a result a debt collecting agency or court is used to secure payment, the customer agrees to pay any debt collecting agency fees, court fees, legal cost, or interest that will occur (at a rate of 8% above bank base rate per annum). Interest may be charged on outstanding debts at 8% above bank base rate. Interest will accrue daily from the date for payment until payment is made and will be payable by the Customer on demand from the Service Provider. Under certain circumstances the Service Provider will require an alternative, or new address for the customer when the service is provided at a location where the customer does not reside or will no longer be residing. The customer agrees to provide this information upon request, and permits the service provider or their representative to visit this address should credit collection be necessary. The Service Provider, at their discretion and under special circumstances, may offer credit terms to Government agencies or other businesses, in which circumstances the customer agrees to make payment by the due date noted on the invoice. `The customer agrees that the Service Provider may perform credit checks in order to provide this service and will provide the relevant information when requested. If payment is not made by the due date the Service Provider will collect any outstanding money owed. If as a result a debt collecting agency or court is used to secure payment, the customer agrees to pay any debt collecting agency fees, court fees, legal cost, or interest that will occur (at a rate of 8% above bank base rate per annum).
5. PRIVACY The Service Provider is committed to protecting the privacy of its Customers and maintaining the confidentiality of any information provided by the Customer, and does not capture and store any personal information about individuals, except where a Customer voluntarily chooses to give the Service Provider personal details when enquiring about the services. The Service Provider will not pass any of its Customers personal data to outside organisations or individuals. The Customer permits the Service Provider to use, retain and collect any information concerning credit worthiness where applicable.
6. LIMITATION OF LIABILITY The Service Providers are not liable for any chemical reactions occurring from previously used chemicals/household cleaning products or techniques applied to either carpets or upholstery. Whilst the upmost care will be undertaken and the previous chemical residue will be removed before use of our tested and trusted carpet cleaners we do not accept liability for any damages. We the Service Provider will do their upmost to assist in removing stains, all staining will be individually treated but depending on circumstances and cause the Service Provider cannot guarantee that all the staining will be removed, and will not be liable for the non-removal of stains. The Service Provider is not liable for any existing damage to Customers upholstery or carpet, e.g. tears, rips, unmovable marks, sticky substances such as chewing gum, sticky tack and children’s slime putty, etc. All services shall be deemed to have been carried out to the Customer’s satisfaction unless written notice is received by the Service Provider with details of the complaint within 24 hours of the work being completed. We will fully investigate any complaint and attempt to resolve it to the satisfaction of the Client, or alternatively to a reasonable standard. If the Customer or any third party instructed by the Customer is not present at the time of completion of the service then no claims regarding any issues can be made. If the Customer instructs a third party to inspect the result from the cleaning then the Service Provider must be notified before completion of the service. The Service Provider is not liable for its failure to carry out its services as a result of factors that are beyond its control. Factors beyond its control include acts of God, floods, severe weather conditions; inability to gain access to premises, lack of appropriate resources, such as water, electricity, and lighting. Please note the Service Provider will not be held liable for work not completed, or not completed to a good standard, if other people are present in the property when our carpet cleaners are carrying out the service.
7.COMPLAINTS In the event of a complaint about the Service provided by the Service Provider the first stage to resolve such complaint should be open discussion and negotiation. If reasonable discussion and negotiation is not possible a mediation process will be the next step. The Service Provider will employ a mediator to act on their behalf, the Customer may wish to employ their own mediator which will be at their own cost. Should mediation not resolve the issue then the Customer has the right to take legal action so long as all reasonable steps have been taken to satisfactorily resolve the issue ,and without resorting to public criticism and defamation of the Service Provider. Any threats, intimidation, defamatory or aggressive behaviour and remarks made via social media or other such public communication device or service, which includes the service provider’s own business Facebook page will not be tolerated. A warning will be issued to the Customer about their behaviour and reconciliation sought. If deemed unfair, spiteful or defamatory legal advice will be sought, and any costs incurred to rectify damages will be the responsibility of the Customer where legal proceeding are found to be in favour of the Service Provider.
8. SUPPLEMENTARY PROVISIONS In the event that the Service Provider feels unsafe, uncomfortable, intimidated or threatened on site they have the right to leave the premises immediately paid or unpaid for the services rendered on site. A fee may still be charged to the Customer at the discretion of the Service Provider, even if cleaning could not be started or completed due to risk of safety. Any damage or loss will be charged to the Customer if any equipment is left on premises due to any adverse risk regarding safety. Authorities will be notified and requested to attend the site with the Service Provider to reclaim equipment, and possible charges will be made. The Service Provider reserves the right to refuse any job if the condition of the property is hazardous to the health and wellbeing of their operatives. The Service Provider, where needed, is happy to help the customer with moving furniture, provided it is lightweight. The Customer is required to remove and store away all highly breakable and fragile items. Following cleaning of rugs, carpets, and upholstery it is the responsibility of the Customer to allow enough time for drying out after the cleaning has been completed before rearranging furniture. The Service Provider takes great care in the preparation of the content of their website, Facebook page, and any other promotional sites where they manage the content, in particular to ensure that prices quoted and facts given are correct at the time of publishing and that all cleaning services have been fairly described.