BEACON CARPET CLEANING, INC. & MARBLELIFE® NON-NEGOTIABLE TERMS AND CONDITIONS
- As used herein, the term “Company” shall mean the entity described on the top line of this invoice.
- As used herein, the term “Customer” shall mean the person or entity described in the “Bill to” section of this invoice.
- Charges-quotation based upon size and descriptions given to the Customer over the telephone are subject to review and correction upon inspection of the items to be cleaned, protected, polishing, repaired, or restored in the Customer’s home. Charges listed in the invoice form shall be binding on the parties.
- This Customer invoice lists the work to be performed. Customer has signed the work order before the work starts acknowledging that Customer agrees with the description of the work to be performed.
- Technicians working in the client’s home may be required to move furniture, lamps, pictures, electronics, and media equipment, etc. in order to perform the cleaning, protection, restoration, and repair. The Company is not liable for any damages sustained to household items described above when it comes to moving and/or handling said items before, during, or after the cleaning, protection, polishing, restoration, repair, or other process in the Customer’s home.
LIMIT OF LIABILITY FOR PROCESS
- The Company shall not be liable for shrinkage, changes in texture, running of dyes, appearance of stains, spots, fading, discoloration, old animal stains, ripping/tearing of fabric, hidden defects, nap distortion, water marking, installation defects or any other defects which may occur or result from the cleaning process, spot or stain removal, application of stain protection, application of flame protection, polishing, restoration, repairing or any other service.
CLEANING PROCESS, SPOT OR STAIN REMOVAL, APPLICATION OF STAIN PROTECTION, OR ANY OTHER SERVICE
- In no event shall the Company be obligated or responsible to pay for the replacement or loss of value for any of the above conditions set forth in paragraph 6 resulting from its cleaning process, spotting or stain removal, application of stain protection, application of flame protection, polishing, restoration, repairing or any other service. The Company shall, at its option, either refund to the Customer the amounts paid by the Customer for the cleaning process or credit the Customer’s account for the cost of cleaning. The Customer acknowledges and accepts the foregoing as the Customer’s sole remedy in the event that the Customer is dissatisfied with any of the processes and services provided to the Customer by the Company unless caused by gross negligence on the part of the technician.
PAYMENT FOR SERVICES, COLLECTION COSTS AND LEGAL FEES
- The Company is a service based business. Payment is expected and required at the time of service. If you are unable to be there during the cleaning, then arrangements must be made in advance for the payment of this invoice.
- The Company and the Customer covenant and agree that the Company may charge the Customer’s credit card account for the charges pertaining to this order. Customer agrees that s/he shall not stop, contest, or dishonor any credit card payment to the Company. The Customer further agrees that s/he will not stop payment on any check used to make payment. In the event Customer does so, Customer shall pay any and all charges, legal fees at the rate of $300.00 per hour and costs incurred by the Company in connection with prosecuting a claim to judgment an collection for all unpaid invoices as well as enforcing said credit card purchase or payment by check, including checks returned for insufficient funds.
- The Customer agrees to pay interest at the rate of 1.5% per month beginning thirty (30) days after the date of the invoice for all unpaid invoices.
- The Customer agrees to pay the attorney’s fees at the rate of $300.00 per hour, incurred by the Company in prosecuting a claim against the Customer for all sums due the Company under this contract, including non-payment of an invoice for cleaning, repair, restoration or any other services, or other sums due and owing to the Company. The Customer also agrees to pay attorney’s fees incurred by the Company for all efforts in obtaining a judgment against the Customer and collecting on the judgment. The Customer further consents to attorney’s fees being charged to the Customer at the rate of $300.00 per hour.
SIGNATURES ON THIS CONTRACT, JURISDICTION, ENFORCEABILITY OF AGREEMENT
- The signature of the Company and the Customer respectively constitutes acknowledgement of this contract and acceptance by each of the terms and conditions contained herein. If a doorman, maid, or other individual at the premises signs the contract on behalf of the Customer, the Customer acknowledges that such person is his or her agent for the purposes of entering into the contract. The Customer explicitly agrees to be bound by the terms of the contract. The signers agree that this contract includes all of the terms of this contract between the Customer and the Company. There are no oral agreements or any other understandings between the Company and the Customer which are not set forth in this contract. All amendments to this contract must be in writing and signed by both parties.
- The Customer consents and agrees that the jurisdiction and venue of any action brought by the Customer concerning any claim the Customer may have against the Company shall be in the State of California, County of Orange, the location of the Company’s business. Notwithstanding the above, the Company may commence an action against the Customer for any claim the Company may have in any Court of competent jurisdiction.
- In the event any portion of this agreement is held invalid by a Court of Law, it shall not affect the enforceability of the remainder of this contract.