Conditions of Service
Company's Obligation - DFW Steam Cleaning, hereinafter referred to as 'Company' shall provide the services described in the front of the Agreement consistent with Company's standard practices, and in accordance to the terms and conditions set forth below.
Promised Results and Hidden Conditions - Customer understands and agrees that the 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 agree 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 or unknown condition, such as damaged duct work or units, detached carpet or tacks, improper seams, presence of particular contaminants, bleeding of existing or hidden stains, cracked tiles, loose grout that is removed with our cleaning process, etc. Customer acknowledges that new materials used in restoration may not precisely match existing texture, type, material or color. Prior to Company's arrival, Customer shall notify the company of any preexisting or damaged conditions and shall remove all valuables and breakable items from the area where services may be performed, and Customer shall be accountable for any loss or damage therefrom.
Warranties And Limitation Of Damages - 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 performing necessary parts of the service again, 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. THIS IS A LIMITED WARRANTY, AND IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR 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.
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 Company's crew of any complaints before the crew leaves. Any questions concerning our workmanship must be reported within 10 day s after completion of work or will be subject to a service charge at our option.
No Other Agreements Or 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 Company has authority to make representations, guarantees, warranties, agreements, agreements or promises other than as are expressly set forth in the Agreement, and this Agreement shall not be varied by any Agreement or representation other than an instrument in writing executed by a duly authorized officer of Company and Customer.
Payment; Interest - Payments are due and payable to Company's representative upon completion of the work. Any payments made thereafter shall be delivered at Company's address as shown on the face of this Agreement. Any amounts owing to Company and not paid within 30 days after completion of the work shall bear interest at the lesser of 18% per annum or the highest lawful interest rate until paid.
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 inadequacy of services between Customer and Company arising from or relating to this Agreement, and/or the services to be provided by Company shall be submitted to non-binding mediation or to binding 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 attorneys' fees required in asserting its rights under this Agreement in any action, mediation, arbitration, trial or appeal.
The terms of this Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, representatives, successors and assigns.
TOS revised September 15, 2015-2016