1.1. These Terms and Conditions represent a contract between M/s. ELITE CHEM-DRY CARPET AND TILE CLEANING CHENNAI LLP (“ELITE CHEM-DRY”) and the Customer.
1.2. Both parties shall ensure that their respective responsibilities under these Terms and Conditions are undertaken in compliance with all statutory regulations and codes of conduct.
1.3. The Customer agrees that any use of ELITE CHEM-DRY’s Services, including placing an order for Services by telephone, email, website forms shall constitute the Customers acceptance of these Terms and Conditions.
1.4. Unless otherwise agreed in writing by a managing partner of ELITE CHEM-DRY, these Terms and Conditions shall prevail over any other terms of business or purchase conditions put forward by the Customer.
1.5. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a managing partner of ELITE CHEM-DRY.
1.6. Subject to these Terms and Conditions, ELITE CHEM-DRY shall provide the Services of the following nature (the “Services”) to the Customer at an address specified by the Customer (the “Premises”), as mutually agreed between ELITE CHEM-DRY and the Customer:
1.7. It is clarified that the Services offered by ELITE CHEM-DRY do not include the following:
1.7.1. cleaning of animal cages or litter boxes, animal droppings, human faeces, urine, vomit, soiled clothing or other similar bio hazards, etc.
1.7.2. stains derived from bleaching agents, acids and permanent dyes may be permanent and cannot be removed with any treatment. ELITE CHEM-DRY does not guarantee stain removal for permanent stains.
1.8. In consideration for the fee payable by the Customer under Clause 5 below, ELITE CHEM-DRY will provide one or more cleaning technicians (the “Technician”) to attend the Premises to provide the Service at a time and date mutually agreed between ELITE CHEM-DRY and the Customer (the “Service Time”).
1.9. ELITE CHEM-DRY endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
1.10. Any changes to the Service to be provided must be agreed by ELITE CHEM-DRY in writing prior to the Service Time. If the Customer requires any additional Services or variations at the time the Service is being performed, the Customer must first contact ELITE CHEM-DRY by telephone, who may agree to provide the additional Services in its absolute discretion at the applicable additional charges. The Technician is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Technician.
2.1. The Customer may make a requisition for the Services either in person, by telephone, email or on the ELITE CHEM-DRY website.
2.2. At the time of making the requisition for Services, the Customer must provide details of the nature of the Services required, the details of the Premises and of any other details as may be reasonably required by ELITE CHEM-DRY to assess the scope of the Services to be rendered, including any hazards, slippery surfaces, risks or dangers at the Premises.
2.3. On receipt of a requisition for Services, ELITE CHEM-DRY will provide a quotation in accordance with Clause 5 below.
2.4. ELITE CHEM-DRY reserves the right to refuse to accept a requisition for Services at its sole option and discretion.
3. Customer Representations and Warranties
The Customer represents and warrants that:
3.1. it will provide a safe working environment at the Premises for the Technician to perform the Service;
3.2. the Technician will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
3.3. it will provide the Technician with access to all Services and utilities (including hot and cold water, electricity, waste water drains and rubbish bins) as required by the Technician to provide the Service;
3.4. it will advise ELITE CHEM-DRY prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers.
3.5. it is authorised to use the Premises, and obtain the provision of Service;
3.6. it will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value (hereinafter referred to as “Valuables”) prior to the commencement of the Service. The Customer should make necessary arrangements for the safekeeping of the Valuables during the course of the provision of Services by ELITE CHEM-DRY and ELITE CHEM-DRY shall have no liability or obligations whatsoever in this regard;
3.7. it will not solicit the Services of a Technician deployed by ELITE CHEM-DRY without the prior consent of ELITE CHEM-DRY. Elite Chem-Dry will likewise not solicit or induce the customer’s employees to leave the service of the Customer.
3.8. it will make payment for the Services within the stipulated time.
4. Health and Safety Risks
In addition to the representations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
4.1. The Technician is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
4.2. The Technician may, either before or during the provision of the Service, not provide or cease the provision of the Service, where carrying out the Service presents, in the absolute discretion of the Technician, a risk to health and safety.
4.3. Moisture on furniture and carpets can present a slip hazard on nearby hard surface areas. Accordingly, the Customer shall avoid any areas that are being cleaned, and will advise any other guests, residents, employees or contractors of this hazard until the carpets are dry.
4.4. The Customer must agree to keep guests, residents, employees, contractors, children or dependants away from any equipment or hot water being used as a part of the carpet and upholstery cleaning process.
4.5. The Customer must ensure that the environment that the Customer is inviting the Technician to work in is a safe environment free from electrical or structural hazard.
4.6. Carpet cleaning solutions should be considered poisonous, and are not for human consumption.
4.7. It shall co-operate with the Technicians so as to enable the Technicians to render their Services in a timely and diligent manner.
5. Fee Payable
5.1. Charges for Different Services:
5.1.1 Carpet cleaning is charged per square foot/per piece/per room, taking into account the type of carpet fibres and its construction.
5.1.2 Upholstery cleaning is charged per seated area taking into account fabric types, soiling and the anticipated cleaning time. Consultations will be undertaken on-site and prices provided.
5.1.3 Mattress cleaning is charged per square foot/per various sizes of mattresses, and curtains will be charged per linear foot/per square foot/per drop.
5.1.4 Hard floor cleaning is charged per square foot/per room taking into account the type of floor covering.
5.1.5 Leather cleaning is charged per seated area taking into account leather types, soiling and the anticipated cleaning time. Consultations will be undertaken on-site and prices provided.
5.1.6 Leather repair and restoration is priced on anticipated repair times and materials required. ELITE CHEM-DRY has no set charges for Services in this area as prices vary considerably depending upon furniture construction, accessibility and Customer requirements. All repairs and restoration projects are subject to a free consultation and a full assessment of the repair is required to provide an accurate quote.
5.1.7 ELITE CHEM-DRY offers a free on-site consultation service, and an accurate work quote with price will be provided to the Customer prior to commencement of work.
5.2.1 On receipt of a requisition for Services, ELITE CHEM-DRY representatives will conduct an on-site Customer consultation to determine the exact price of the work to be undertaken. Consultations include area measurement, fibre tests, colour tests, installation/construction tests and a reconnaissance of the on-site facilities and accessibility. Details of this consultation are discussed with the Customer on-site and a copy of the consultation/quote is left with the Customer.
5.2.2 All quotations are given by ELITE CHEM-DRY following a request by the Customer and shall remain open to acceptance for a period of 30 days from their date.
5.2.3 ELITE CHEM-DRY reserves the right to amend the initial quotation, should the Customer’s original requirements change. Price escalations in excess of 10% will be discussed with the Customer prior to the start of the work.
5.2.4 For avoidance of doubt, it is clarified that the acceptance by the Customer of the Services provided by ELITE CHEM-DRY shall constitute and be construed to be an acceptance by the Customer of the last quote provided by ELITE CHEM-DRY to the Customer prior to the providing of the Services.
5.3. Provision of Services
5.3.1 Upon the Customer confirming acceptance of the quotation, ELITE CHEM-DRY shall in consultation with the Customer fix the Service Time, and shall provide the agreed Services at the Service Time.
6. Fee Payable
6.1. ELITE CHEM-DRY shall provide all cleaning supplies and cleaning equipment required to carry out the Service.
6.2. The Customer must provide running water, electricity and waste/rubbish disposal at the premises where the Service takes place.
7. Payment Terms
7.1. Unless otherwise agreed in writing by ELITE CHEM-DRY, fees payable for the Services rendered shall be paid immediately on the provision of the Services. The Customer must make payment either by cash, cheque, debit or credit card or net banking on completion of the Services.
7.2. Cheque payments should be made payable to ELITE CHEM-DRY CARPET AND TILE CLEANING CHENNAI LLP. If a payment is made by cheque then the Customer guarantees that there are sufficient funds in the cheque account to meet the payment of the cheque. If, for any reason whatsoever the cheque is not honoured, then the Customer will meet all additional costs incurred by ELITE CHEM-DRY.
7.3. Although greatly appreciated and a powerful way to say “Thank you”, the Customer understands that tipping is not required.
7.4. Where any alternative arrangements for payment have been agreed to in writing between the parties, the Customer must make payment in accordance with the terms of such arrangement as mutually agreed between the parties.
7.5. Any delay in payment of the fee payable shall carry interest at the overdraft interest rate as specified by HDFC Bank till the date of actual payment.
7.6. The rates of payment stated by ELITE CHEM-DRY shall be as agreed between ELITE CHEM-DRY and the Customer, or his representative in accordance with Clause 5 above. The Customer shall make no reduction or retention from the sum payable.
8. Applicable Taxes
Unless specified otherwise, all prices and quotations are expressed to be exclusive of applicable taxes.
9. Other Charges
9.1. ELITE CHEM-DRY reserves the right to levy a surcharge on any Service booked for weekends, after hours, public holidays and conveyance, which shall be specified in the quotation provided to the Customer under Clause 5.
9.2. If the Customer needs to change a cleaning day or time, ELITE CHEM-DRY will do its best to accommodate the request. Any changes to booked Services are subject to a 24 prior notice and availability.
The Customer shall not be entitled to any refund of the fee paid to ELITE CHEM-DRY, except at its sole option and discretion as set out in these Terms.
If a Technician fails to attend the Premises within 1 hour of the Time, and does not provide the requested Service, ELITE CHEM-DRY will reschedule the Service at another time mutually agreed between the Customer and ELITE CHEM-DRY.
12.1. All Services shall be deemed to have been carried out to the Customer’s satisfaction unless notice is received by ELITE CHEM-DRY with details of the complaint within 24 hours of the work being completed. All complaints must be received verbally or in writing by post, or email no later than 24 hours after the completion of the service. ELITE CHEM-DRY will fully investigate any complaint and attempt to resolve it to the satisfaction of the Customer, or alternatively to a reasonable standard.
12.2. Subject to clause 15, ELITE CHEM-DRY may, at its discretion, may offer the Customer either of the following, where it is of the view that the Customer’s complaint warrants further action on its part:
12.2.1. a partial or full refund;
12.2.2. re-supply of the Service without charge;
12.2.3. such other remedy as deemed appropriate by ELITE CHEM-DRY in the facts and circumstances of the case.
12.3. It is clarified that ELITE CHEM-DRY shall not under any circumstance be responsible to provide any remedial Services where the Customer, without the prior written consent of ELITE CHEM-DRY, has attempted to clean any areas or items or engaged any third party to do so, with respect to the subject of his complaint.
13.1. The Customer agrees that due to the nature of the Services being rendered, ELITE CHEM-DRY guarantees only to correct any problems reported within 24 hours of the completion of the Service. If a problem occurs on a Saturday it must be reported by Monday noon (12:00 p.m.) in order to be accepted as a valid claim. Failure to do so will entitle the Customer to nothing. ELITE CHEM-DRY shall not under any circumstance be liable with respect to any issues reported beyond 24 hours from the provision of the Services.
13.2. ELITE CHEM-DRY may require entry to the location of the claim within 24 hours to correct the problem.
13.3. The Customer agrees to inspect the work immediately after its completion and to draw the Technicians attention to any outstanding cleaning issues while they are still onsite. The Technicians will carry out any such additional work to the Customer’s complete satisfaction to the extent that such works are within the scope of the Services agreed to be provided to the Customer.
13.4. If the Customer instructs a third party to inspect the result from the cleaning then ELITE CHEM-DRY must be notified before completion of the service.
13.5. In case of a third party inspecting or refusing to inspect the result from the cleaning then ELITE CHEM-DRY cannot be held responsible for rectifying any outstanding cleaning issues not mentioned by the third party.
13.6. Notwithstanding anything to the contrary mentioned above, any refunds or adjustments must be requested to ELITE CHEM-DRY directly and are subject to approval by ELITE CHEM-DRY at its sole option and discretion.
13.7. While ELITE CHEM-DRY Technicians make every effort not to break items, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, ELITE CHEM-DRY requests all Valuables (as defined above) be stored away and/or not cleaned by the cleaning Technicians.
13.8. In case of damage attributable exclusively to the actions of the Technicians or representatives of ELITE CHEM-DRY, ELITE CHEM-DRY will repair the damaged item at its cost. If the item cannot be repaired, ELITE CHEM-DRY will adjust the cash value of the damaged item or reasonable cost required for the rectification thereof (which shall be mutually agreed between the parties) from the fee payable by the Customer to it with respect to the Services rendered.
13.9. ELITE CHEM-DRY shall not be responsible for damage due to faulty and/or improper installation of any item. ELITE CHEM-DRY shall assume that all surfaces at the Premises in, over or with respect to which ELITE CHEM-DRY is expected to provide its Services (including, marble, granite, etc.) are properly sealed and are in good condition and ready to clean without causing any harm or damage to the surface or the vicinity thereof.
13.10. No claims under this Clause 13 shall be entertained if the Customer has an outstanding balance or sums payable to ELITE CHEM-DRY. Any claim made by a Customer shall be considered by ELITE CHEM-DRY in accordance with this Clause 13 only upon the Customer settling all sums and dues payable to ELITE CHEM-DRY.
ELITE CHEM-DRY shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with:
14.1. 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, and inability to gain access to premises, lack of appropriate resources, such as water, electricity, and lighting;
14.2. Late arrival of ELITE CHEM-DRY Technicians at the service address. ELITE CHEM-DRY endeavours to be right on time on any visit but sometimes due to transport related and other problems which are beyond ELITE CHEM-DRY’s control, ELITE CHEM-DRY Technicians may arrive with a delay or the cleaning visit may be re-scheduled.
14.3. An existing damage to Customer’s property in the form of old stains/burns/spillages etc. which cannot be cleaned/removed completely by the Technicians using the industry standard cleaning methods;
14.4. Non-satisfactory result from the Service due to the Customer or third party walking on the carpets during or shortly after the cleaning process;
14.5. ELITE CHEM-DRY shall not be liable for the shrinkage of carpets as a result of poor fitting.
14.6. ELITE CHEM-DRY shall not be liable for carpets expanding or ripples forming during and/or after the cleaning when this is as a result of factors such as fibre content, wear and tear, weak backing and/or poor fitting.
14.7. ELITE CHEM-DRY cannot guarantee total colour and texture restoration due to the nature of certain fibers and stains.
14.8. ELITE CHEM-DRY is not liable for any pre-existing conditions, including but not limited to, loose carpet split seams, permanent stains, bleach marks, excess residue from previous cleanings or flea treatments, non-colour fast bleeding, or anything beyond ELITE CHEM-DRY’S control.
14.9. ELITE CHEM-DRY shall not be responsible for a poor result in cleaning where this is a result of considerable wear and tear and/or staining to the carpet fibres prior to the service being carried out.
14.10. ELITE CHEM-DRY shall not be liable for any odours arising during and/or after cleaning when this is due to factors such as, lack of ventilation, and/or appropriate heating.
14.11. ELITE CHEM-DRY shall not be responsible for any damage caused as a result of the Customer placing furniture on a carpet which has not completely dried.
14.12. The Customer understands that backing, lining and other materials and processes used in the manufacture of upholstery and/or drapery items may produce adverse results in the surface material when cleaned. ELITE CHEM-DRY will always pre-test any material for colorfastness and proper method to be used in the cleaning, but there is no guaranteed way of determining when such results will occur. The fabric may have previously experienced deterioration due to such factors as, including but not limited to fading, aging, shrinkage, dry rotting, water marking, browning, yellowing or loss of fabric/ tensile strength. Therefore, ELITE CHEM-DRY, as cleaners, will not be responsible for any of the conditions listed above.
14.13. ELITE CHEM-DRY shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer, except as expressly specified in these Terms.
14.14. ELITE CHEM-DRY is not responsible for:
14.14.1. not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide utility Services, a safe working environment or unencumbered access to the Premises); or
14.14.2. not completing or providing the Service as a result of the Technician not proceeding for health and safety reasons under clause 4;
14.14.3. any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of ELITE CHEM-DRY;
14.14.4. not completing or providing the Service due to an act or omission of the Customer or any other person at the Premises during provision of the Service;
14.14.5. wear, damage or stains that are incapable of being completely cleaned or removed;
14.14.6. any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
14.14.7. any loss incurred as a result of any breakage or damage to goods (including Valuables) or the Premises;
14.15. Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on ELITE CHEM-DRY are excluded.
14.16. The Customer acknowledges that the results of any Services provided may vary depending on a number of factors (including time elapsed since Premises was last cleaned and nature of carpet and upholstery cleaning required), and that ELITE CHEM-DRY gives no guarantee as to the actual results of the Service.
14.17. Except to the extent provided in this clause, ELITE CHEM-DRY has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or Services provided by ELITE CHEM-DRY (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or Services provided by ELITE CHEM-DRY).
14.18. We record all incoming and outgoing phone conversations for quality control, record keeping and back-referral for any inquiries or investigations.
15. Limitation of Liability
15.1. ELITE CHEM-DRY does not make any representations or assurances or guarantees save as expressly specified in these Terms and Conditions.
15.2. Notwithstanding anything to the contrary mentioned above, the liability, if any, of ELITE CHEM-DRY shall not under any circumstance exceed the value of the fee received from the Customer with respect to the Services rendered.
The Customer indemnifies ELITE CHEM-DRY against:
16.1. all losses or liabilities, costs, expenses etc. that ELITE CHEM-DRY may be subject to as a result of a breach of the warranties of the Customer set out in clause 3; and
16.2. all legal costs (on a solicitor and own Customer or full indemnity basis, whichever is greater) and other expenses incurred by ELITE CHEM-DRY in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer) or otherwise arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
17. Accidents, Breakage, Damage and Theft
17.1. The Customer must inform ELITE CHEM-DRY of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Technician within 24 hours of completion of the Service.
17.2. To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to ELITE CHEM-DRY within 24 hours of completion of the Service.
17.3. To the extent permitted by law, damage or loss to Valuables is specifically excluded from the liability of ELITE CHEM-DRY.
18. Supplementary Terms
18.1. If any estimates of how long it will take the cleaning Technicians to do the job required are being provided that is only an estimate based on the average time it takes to clean a home or an office of similar size to the Customer’s, it being difficult to estimate precisely how long such tasks may take and that a degree of flexibility may be required.
18.2. The quotation excludes the clearing of debris created by tradesman or building work unless otherwise stated.
18.3. Our Technicians are happy to move furniture. Furniture which has to be moved will be discussed with the Customer during the consultation to determine what is moved and how. However, ELITE CHEM-DRY does not use ladders or move items more than 50 kg to protect our employees from injury. If the Customer would like cleaning behind heavy objects, the same should be moved by the Customer prior to cleaning.
These Terms are governed by the laws of India, and are subject to the exclusive jurisdiction of the Courts of Chennai. Any dispute between the parties shall be resolved by arbitration by a sole arbitrator to be mutually agreed between the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be in English. The venue of the arbitration shall be Chennai.
The Customer understands that Elite Chem-Dry will render careful, thorough, and professional cleaning of carpeting, using reasonable care to achieve satisfactory results. However, because of the nature of certain fibers and stains, it is not possible to guarantee total colour and texture restoration. Elite Chem-Dry is not liable for any pre-existing conditions, including but not limited to, loose carpet split seams, permanent stains, bleach marks, excess residue from previous cleanings or flea treatments, non colour fast bleeding, or anything beyond Elite Chem-Dry’s control. The Customer acknowledges that they have read the waiver and disclaimers above and hereby authorizes Elite Chem-Dry to proceed with the prescribed treatment.
The Customer understands that backing, lining and other materials and processes used in the manufacture of upholstery and/or drapery items may produce adverse results in the surface material when cleaned. Elite Chem-Dry will always pre-test any material for colorfastness and the proper method to be used in the cleaning, but there is no guaranteed way of determining when such results will occur. The fabric may have previously experienced deterioration due to such factors as, including but not limited to fading, aging, shrinkage, dry rotting, water marking, browning, yellowing or loss of fabric/tensile strength. Therefore, Elite Chem-Dry, as cleaners, will not be responsible for any of the conditions listed above.
The Customer acknowledges that they have read the waiver and disclaimers above and hereby authorizes Elite Chem-Dry to proceed with the prescribed treatment.
P.U.R.T.II* (PET URINE REMOVAL TREATMENT)
The Customer understands that their carpet and upholstered items are damaged due to urine deposits in the form of spots, stains and odours, and understands that some or all of this damage is permanent. Because urine is a complex mixture of ingredients, the Customer understands that undesirable results may occur in the form of, including but not limited to, slight carpet shrinkage, wicking, dry rotting, browning, yellowing or discolouration. The Customer hereby authorizes Elite Chem-Dry to proceed with P.U.R.T. treatment. The Customer agrees to the stated price for the services rendered and understands that there is no guarantee implied or expressed that any or all urine stains or odours will be removed.
SPECIALTY SPOT AND STAIN REMOVAL
The Customer has been informed by an Elite Chem-Dry technician that Red Alert and Stain-Out has the ability to remove many coloured dyes that create permanent stains. The Customer acknowledges that their carpet and upholstery in its stained condition is of lessened value to them. The Customer acknowledges that there are variations in carpet fabric and composition, and that there are instances where stains may not be removed, and where discolouration and bleaching may occur. The Customer also understands that it is impossible to test or predetermine the results of Red Alert and Stain-Out in an attempt to remove the stain. There are variations beyond the control of the technician. The Customer understands that Elite Chem-Dry disclaims any liability for damage caused to the carpet or upholstery as a result of the stain removal treatment. The Customer acknowledges that they have read the waiver and disclaimers above and hereby authorizes Elite Chem-Dry to proceed with the prescribed treatment.
TRAFFIC LANES AND REAPPEARNG SPOTS
The Customer acknowledges that cleaning their carpets may remove soil and can restore the physical damage caused by friction, abrasion, loss of pile height and the loss of pile density. Many of these or other wear related conditions might cause the carpet to reflect light differently and exhibit a “traffic lane” effect. The Customer also acknowledges that their olefin and polyester fibers may be crushed through normal usage and do not have the resilience to return to their original condition. In addition, they have been informed that some spots may re-occur if moisture from spotting material/agents has penetrated the carpet backing, padding, or sub-floor. This moisture can only evaporate by wicking to the surface of the fiber. Because Elite Chem-Dry uses very little moisture in the cleaning process, wicking is rare but easily correctible and it can often be treated and removed with Elite Chem-Dry’s world famous Professional Strength Spot Remover. The Customer acknowledges that they have read the waiver and disclaimers above and hereby authorizes Elite Chem-Dry to proceed with the prescribed treatment.