Terms and Conditions of Service
These Terms and Conditions ("Terms") constitute an agreement between you (the "client" also referred to as you/your) and Elite Carpet Cleaning ("Elite" also referred to as we/us/our) relating to the use of our website and provision of our services.
Please take some time to review these terms as your engagement of our services constitutes an agreement to be bound by these Terms.
By engaging our services you agree and acknowledge that you:
- Are authorised to use the premises and to engage Elite to provide services at the premises; and
- Will assist Elite by providing all appropriate information to any Elite representative at their request, or that they may reasonably require in order to perform Elite's obligations under these Terms; and
- Will provide Elite with access to the premises and to all services and utilities that may be reasonably required by Elite to complete the services; and
- Will provide a safe working environment for any Elite representative to work in and you will advise of, and take all reasonable steps to eliminate, isolate or minimise any hazards or risks onsite; and
- Will accept responsibility to Elite for payment of any and all charges relating to services rendered, or any cancellation, debt collection or other fees as applicable.
You understand that if Elite arrives to provide the services and you have not met your obligations under this section, then Elite may decide that it is not appropriate to provide their services.
If Elite decides that it will not be appropriate to provide their services as a direct result of your failure to meet your obligations under this section, they you will be required to pay a cancellation fee for administrative and travel costs and Elite will not be responsible for completing or providing any services.
Stains and Pre-existing Damage
Elite Carpet Cleaning and all Elite representatives agree to take due care and perform our duties to the best of our ability. However, some stains do cause permanent damage so we cannot guarantee the reversal of stains or pre-existing damage and we offer no promises that we can do so.
Wherever possible, our technicians will assess any area of concern and advise the likely outcome prior to starting. If you choose not to proceed with the treatment following advice from our technician you will only be liable for the associated call-out fee. However, if you choose to proceed with the service, you will be liable for all related costs as advised regardless of outcome.
In the case that our technician is unable to remove staining they will be happy to discuss alternative options with you.
In cases where there is pre-existing damage, underlying issues or where stains have been previously treated it is possible that cleaning the area may inadvertently cause further damage. Any such risk may not be obvious to our technician prior to starting and all services are delivered in good faith. Therefore, you agree and acknowledge that you will not hold us liable in this regard.
In either case, your engagement of our services constitutes an agreement that you will not hold us liable or withhold payment for services rendered based on an unsatisfactory outcome due to stains or pre-existing/underlying damage as outlined above.
Industrial Cleaning Solutions
Industrial cleaning solutions may be used during the cleaning process to the best judgement of our Elite representatives as required.
You agree to the application of these products as considered necessary by your Elite representative and understand that it is beyond the expertise of our Elite representatives to determine if someone may be sensitive to the application of these agents. You agree and acknowledge that Elite assumes no responsibility for any adverse reaction to any products used.
If you do not want any industrial cleaning solutions to be applied as above, you may request to have only eco-friendly products, or no cleaning products applied and it is your sole responsibility to make this choice clear to your Elite representative.
You understand and acknowledge that this may greatly reduce the likelihood of improving the appearance of staining or addressing odours and you agree that you will not hold Elite responsible in this regard.
Elite technicians will not move fragile items, electrical equipment or large, heavy items and if you choose to move these items, you will do so at your own risk.
You understand that any wooden or metal items must be kept off the carpet until it has dried completely as failure to do so may cause permanent damage to your carpet or furniture. You acknowledge and agree that if you choose to move furniture onto the carpet before it is completely dry, Elite will not be held responsible for any resulting damages.
All of our prices are quoted in $NZD and are exclusive of GST unless otherwise stated.
Any quote provided by Elite will be valid for 20 working days from the date of issue. We will be happy to provide you with another quote after this time, if requested by you.
Elite reserves the right to withdraw any quote or vary any quote at any time before you accept the quote.
Elite provide quotes for services based on the information that you have provided. You understand that if you do not provide us with all the appropriate information that we may ask for, this may impact the accuracy of our quote, in which case our quote may be subject to change.
We understand that sometimes things change and we will make every effort to accommodate changes at your request.
We do this in good faith and you agree to pay any additional charges if you request your Elite technician to clean additional areas or items not included in your original quote.
You understand that if you do request additional work to be done, our technician will advise the cost for this before starting and you agree to be personally liable for all charges accrued.
By engaging our services you agree and acknowledge that you have authorised the work and accept responsibility to Elite Carpet Cleaning for payment of any and all charges relating to services rendered.
You understand that payment is to be made in full upon completion of the work unless prior arrangements have been made.
If any payment of our fee, charges or any other related expenses falls overdue for payment, then the overdue amount will (without prejudice to any other right or remedy under the Terms) be subject to a default interest at a rate of 10% per annum from that date on which payment of that amount falls overdue, until the date that payment of the overdue amount is paid to Elite in full.
Should payment not be made to Elite on completion of services or as arranged, you will indemnify Elite for all costs and expenses incurred in recovering the unpaid monies, including but not limited to, legal and debt collection costs and fees.
Either party may cancel the services by providing at least 48 hours' notice before any services are due to be performed by Elite.
You understand that if you cancel Elite's services with less than 48 hours' notice, you will be required to pay a cancellation fee for administrative costs and loss.
You agree to indemnify Elite, to the extent permitted by law, for all claims, costs, losses and liabilities arising as a result of your failure to meet your obligations under these Terms.
Exclusion of Liability
Elite will not be liable for any loss, costs, expenses or damage incurred by the customer or any third party as a result of any act or omission by Elite or an Elite representative, if that act or omission is beyond Elite's reasonable control.
Elite will not be liable for any indirect, consequential or special loss, damage, cost or expense of any kind suffered or incurred by you arising out of or in connection to these Terms.
Elite's liability to you arising out of any claim in relation to these Terms will be limited to either the monetary amount of the value of that part of the services giving rise to the claim, the actual damage or loss suffered by you or the sum of $1,000, whichever is lesser.
By engaging the services of Elite Carpet Cleaning you agree and acknowledge that it is your duty to report any concerns or complaints to Elite within 48 hours of the service being completed.
This is to allow Elite the opportunity to assess the work done and address your concerns in a timely manner. If you do not contact Elite within this time, or if you do not allow Elite timely access to your property for the purposes of assessing and addressing any concerns, you understand that Elite may not be able to remedy your concerns and you agree to hold Elite harmless in this regard.
Consumer Guarantees Act 1993
The exclusions and limitations of these Terms do not apply to the rights granted to you under the Consumer Guarantees Act 1993 ("Act"), unless you are engaging our services for business purposes. If you are acquiring any services or assistance from Elite for business purposes, then the provisions of the Act will not apply.
These Terms, together with any Flood Restoration Services Terms and Conditions or Specialist Treatment Waivers entered into between the parties (if any), shall set out the entire agreement and understanding between Elite and you, and merges all prior discussions that Elite or any Elite representative may have had with you.
Any waiver, delay or failure to execute any rights by Elite under these Terms shall not be a waiver of that right or other right of Elite. No waiver is valid unless it is in writing.
If any of the provisions of these Terms is deemed invalid, illegal or unenforceable, then the remaining terms of these Terms will not be affected and will continue in full force and effect.
Any notice in writing must be addressed to the other party and delivered by hand or email.
You may not assign your rights and obligations under these Terms without Elite's written consent.
If you are a director(s) or trustee(s) entering into these Terms on behalf of a client who is a company or trust, you agree that you are subject to these Terms in your personal capacity and personally undertake to ensure the payment of all money owed by the client to Elite. You agree to indemnify Elite against any non-payment by the client and any other breach in these Terms.
Any personal liability of a director or trustee under these Terms will not exclude the client in any way from the liabilities and obligations contained in these Terms.
Amendment of Terms
We reserve the right to change or update these Terms from time to time, as we see fit and do not have to offer any explanation for said changes.
Any such changes shall take effect immediately for any subsequent use of our website or services so it is your sole responsibility to check these terms regularly and prior to engagement of our services.