TERMS AND CONDITIONS OF AGREEMENT
Company’s Obligation: AttiClean shall provide the services described on the Invoice/Estimate form consistent with Company’s standard practices and in accordance with the terms and conditions set forth below.
Promised Results And Hidden Conditions:Customer understands and agrees that these cleaning and restoration services may not totally clean or remove all contaminants, odors, stains or damages in all areas, even after diligent and reasonable efforts by Company, and Customer agrees that no such guarantees, warranties or representations as to results or levels of decontamination, cleanliness or restoration are made by Company except as stated in writing in this Agreement. Customer further acknowledges that there may be hidden or unknown conditions that would affect the cleaning and restoration process used by Company and Customer agrees that Company shall not be responsible for any damage caused by any hidden stains, etc. Customer acknowledge that new materials used in restoration may not precisely match existing texture, type, material or color. Prior to Company’s arrival, Customer shall notify Company of any pre-existing or damaged conditions and shall remove all valuables and breakable items from the area where services may be performed, and the Customer shall be responsible for any loss or damage resulting thereof.
Warranties and Limitation of Damage: Company warrants to Customer (and to no other person or entity) that all work will be completed in a good and workmanlike manner in accordance with Company’s standard practices. In the event of any defect in the services provided by Company, Customer’s exclusive remedy shall be (i) correction of same by re-service, re-treatment, adjustment or repair; or at Company’s option, (ii) refund of all sums paid on the portion of the work which is not as warranted. All warranties are void if the customer does not keep up with the maintenance program. THIS IS A LIMITED WARRANTY, AND IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, HABITABILITY, WORKMANSHIP, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DENIED BY COMPANY AND WAIVED BY CUSTOMER. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER UNDER ANY THEORY FOR ANY ANTICIPATED OR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL LOSS, AND COMPANY’S MAXIMUM LIABILITY TO CUSTOMER FOR ANY LOSS OR DAMAGE ARISING FROM THE SERVICES RENDERED BY COMPANY SHALL NOT EXCEED THE AMOUNT OF THE CONTRACT PRICE PAID BY CUSTOMER FOR THE SERVICES RENDERED HEREIN.
Use of Chemicals: Customer is advised that a potential health risk may occur as a result of the application of cleaning agents, deodorizer, sanitizers, micro biocides, or any other chemical (Referred to as the “Chemicals/Sanitation”), used in the services as described on the front of this agreement. The Customer acknowledges reading a copy of the Material Safety Data Sheets (written by the manufactures) of Chemicals used in performing the services. Customer further represents that he/she accepts the risks as set forth herein. Customer hereby releases and forever discharges AttiClean and its agents, principals, owners, shareholders, directors, managers, and employees from any and all claims as to injuries, damages, and health problems of any nature, whether known or unknown, suffered as a result of the application of the Chemicals.
Completion Certificates: Upon completion of the services, or any segment thereof, Customer will, on request, execute such instrument as Company may reasonably request acknowledging completion of the services. Customer agrees to inspect the services immediately upon completion, and notify the Company's crew of any complaints before they leave. To the extent that they may validly do so, the parties agree that the services will be deemed to be fully acceptable if no notice of any defect in materials or workmanship is received by the Company in writing within 3 days of completion of services.
No Other Agreements Representations: This Agreement and any attachments hereto constitute the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof and shall supersede all proposals, prior agreements and representations, oral or written, and all communications between the parties relating to the subject matter hereof. No representative of the company has authority to make representations, guarantees, warranties, agreements or other promises other than as are expressly set forth in this Agreement, and this Agreement shall not be varied by any agreement or representation other than an instrument in writing executed by the duly authorized officer of Company and Customer.
Refund Policy: There is no refund given for any products, services, etc. distributed by AttiClean. In case of defect, notify the Company in writing immediately, and a replacement will be provided within 30 days. Prices based on square footage are approximate and cannot be renegotiated after service is completed. 10% deposit for any job scheduled in advance is not refundable unless the appointment is canceled 48 hours or more prior to the date of the job.
Payment: Payments are due upon completion of work to the Company's representative. Any payments made thereafter shall be delivered at the Company's address as shown on the face of this Agreement. Any amount owing the Company and not paid within 30 days after due date shall bear interest at the lesser of 18% per annum or the highest lawful interest rate until paid. All returned checks are subject to a $25 fee per incident.
Dispute Resolution: Customer agrees to notify Company of all complaints in writing, and allow Company to inspect and/or correct any deficiencies in the services. Customer and Company agree that all disputes, controversies or claims regarding the inadequacy of services between Customer and Company arising from or relating to the Agreement, and/or the services to be provided shall be submitted to nonbinding mediation or arbitration in accordance with applicable Alternative Dispute Resolution Procedures. The award of the arbitrator in any such proceeding shall be final and binding upon both parties, and either party may apply to an appropriate court to enforce such award if necessary.
Costs: Should Company be required to bring an action to enforce the terms hereof or declare rights hereunder, then Company shall be entitled to recover from Customer all costs and reasonable attorney’s fees required in asserting its rights under this Agreement in any action, arbitration, trial or appeal.
Hole Sealing: Rodents in their nature will find any small route of entry. If none exists, they will, most likely, chew a hole. Since it is very common for rodents to make new holes at any given time, our hole sealing service is not 100% proof from the rodents return.
The terms and conditions of this Agreement shall insure to the benefit of and binding upon the parties hereto, their respective heirs, representatives, successors and assigns.