These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and Fiberseal Carpet Cleaning ("Fiberseal") of UNIT 5/5B ADELAIDE COURT, ALBERT ROAD LOWER,GLENAGEARY, CO. DUBLIN, A96 R2R6, IRELAND for the provision of services by Fiberseal.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
1. Carpet and upholstery stain protection/cleaning services
a. Subject to the terms of this Agreement, Fiberseal agrees to provide carpet and upholstery stain protection/cleaning services (the "Service") to the Customer at an address specified by the Customer (the "Premises").
b. The Service will be for such carpet cleaning and upholstery cleaning services as agreed with the Customer at the time of booking.
c. Fiberseal will provide one or more technicians to attend the Premises to provide the Service at a time and date mutually agreed between Fiberseal and the Customer (the "Service Time").
d. Fiberseal endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and Amendments
a. Any changes to the Service to be provided must be agreed by Fiberseal prior to the Service Time.
b. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Fiberseal by telephone, who may agree to provide the additional services in its absolute discretion. 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.
3. Customer Representations and Warranties
The Customer represents and warrants that:
a. it will provide a safe working environment at the Premises for the Technician to perform the Service;
b. the Technician will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
c. it will provide the Technician with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Technician to provide the Service;
d. it will advise Fiberseal prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers.
e. it is authorised to use the Premises and obtain the provision of Service;
f. it will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
4. Health and Safety Risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
a. 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;
b. 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, at the absolute discretion of the Technician, if there is a risk to health and safety.
c. moisture on your furniture and carpets can present a slip hazard on nearby hard surface areas, we ask that the Customer avoid any areas that we are cleaning, and will advise any other guests, residents or contractors of this hazard until the carpets are dry.
d. the Customer must agree to keep children or dependents away from any equipment, chemicals or hot water being used as a part of the carpet and upholstery stain protection/cleaning process.
e. 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.
f. carpet cleaning solutions should be considered poisonous, and are not for human consumption.
a. The Customer may make a booking either in person, by telephone, email or on the Fiberseal website.
b. At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers.
c. Fiberseal provides all quotations at the time of booking.
d. Fiberseal reserves the right not to accept a booking for any reason.
6. Job Quotations
a. The actual price payable by the Customer is the quoted price provided by Fiberseal.
b. Any price quoted by Fiberseal is an estimate only based on Fiberseal's experience, without inspection, and based on information provided by the Customer.
c. Quotes are valid for a period of 30 days from the date of the quote.
d. The quote we provide over the telephone or via email through the internet on the Fiberseal website, is based on information provided by the Customer to Fiberseal, and in the absence of specific room, or clearly definable descriptions will be based on standard room sizes/seating positions. If the actual work to be performed is different to what has been quoted for, the price will vary accordingly.
e. The Technician may quote extra after inspection if there are extra rooms or areas that Fiberseal were not informed of during the quotation process or if the condition of the carpet or upholstery is deemed to be different from the information provided by the Customer.
f. The Technician will confirm the price with the Customer before work commences.
g. When the Technician arrives at the Premise, they will inspect the areas the Customer has requested to be cleaned.
h. Maximum room size applies for advertised or quoted 'per room' pricing structures. Maximum room size is 14 square meters and is based on a standard furnished room. Rooms less than 14 square meters will count as 1 standard room. Rooms over 14 square meters but under 28 square meters will count as 2 standard rooms.
i. Carpeted steps are quoted per step.
j. Upholstery cleaning prices are per seating position and are subject to the condition of the upholstery. Additional charges may apply for recliners, ottomans, chaises and loose cushions.
k. Spot and stain removal is included in Fiberseal’s carpet and upholstery cleaning price and the steam cleaning process.
a. The Fiberseal Technician will inspect the carpet, upholstery and stains before the Service commences.
b. Stains derived from bleaching agents, acids and permanent dyes may be permanent and cannot be removed with any treatment. Fiberseal does not guarantee stain removal for permanent stains.
c. Fiberseal cannot be responsible for any pre-existing condition that is not apparent upon visual inspection of the Premises.
d. The Technician may deem it 'un-feasible' to remove a particular stain or mark on the carpet when compared to the cost of replacement
8. Cancellation Fees and Other Charges
a. The minimum charge for any Service is €90.00.
b. Surcharges may be charged on any Service booked for weekends, after hours and public holidays.
c. The Customer must telephone Fiberseal prior to 12pm on the business day before the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
d. In the event that such notice has been given, Fiberseal will endeavour to reschedule the Service if required.
e. In the event that the Customer does not provide notice prior to 12pm on the business day before the commencement of the Service, the Customer agrees to pay a cancellation fee (minimum of €90.00 inclusive of VAT) for administrative costs and loss.
9. Fee for Non-Access to Premises
In the event that the Customer does not provide unencumbered access the Premises for Fiberseal or its Technicians to provide the Service, the Customer agrees to pay a cancellation fee equivalent to the minimum charge (inclusive of VAT) for administrative and travel costs.
10. Payment Terms
a. The Customer agrees to pay the price quoted by Fiberseal in full prior to or at the Service Time, (normally at the time of booking) unless otherwise agreed in advance with Fiberseal.
b. If no payment has been made by the Service Time, Fiberseal will use reasonable endeavours to contact the Customer for payment. In the event that Fiberseal cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 8.
c. Payments may be made in cash, cheque or via bank deposit or bank transfer. Payments by bank deposit or bank transfer should be made to:
d. Cheque payments should be made payable to FIBRESEAL STAINGUARD SERVICES LIMITED. 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 the company. The minimum charge the Customer will incur for each dishonoured cheque will be €40.00.
All jobs deemed to be Commercial are quoted excluding VAT, Residential customers, unless specified otherwise, are priced inclusive of VAT.
12. Late Payment Fee
a. Where Fiberseal has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date.
b. The Customer agrees that if Fiberseal has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of €25 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
c. If the Customer’s account is outstanding for more than 3 months, we will call at the Premises to collect payment in person, in which case an additional €90 minimum call out fee will apply.
d. Fiberseal reserves the right to pass the debt on to a collection agency and refer the Customers personal details to credit reporting agencies if the Customer’s account remains overdue past this point. This will incur additional charge.
e. In addition to the amounts set out above, the Customer agrees to indemnify Fiberseal for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Fiberseal in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
a. If the Customer is dissatisfied for any reason with the Service provided, it must inform Fiberseal within 24 hours of completion of the Service. Fiberseal strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently.
b. In the event of a customer complaint, the Customer undertakes to give Fiberseal the opportunity to rectify all work. Subject to clause 15, Fiberseal may, at its discretion, offer the Customer either of the following:
a. re-supply of the Service without charge;
b. such other remedy as deemed appropriate by Fiberseal.
14. Exclusions and Limitations
a. The only conditions and warranties which are binding on Fiberseal in respect of the state, quality or condition of goods and services supplied by Fiberseal to Customers are those imposed and required to be binding by statute (including the Provision of Services Act.
b. To the extent permitted by statute, the liability, if any, of Fiberseal is, at Fiberseal’s option, limited to and completely discharged by the resupply of the Service. Fiberseal is not responsible for:
i. 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
ii. not completing or providing the Service as a result of the Technician not proceeding for health and safety reasons under clause 4;
iii. 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 Fiberseal;
iv. 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;
v. wear, damage or stains that cannot be completely cleaned or removed;
vi. any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
vii. any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or
viii. the cost of any key replacement or locksmith fees, unless keys were lost by Fiberseal or the Technician.
c. 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 Fiberseal are excluded.
d. 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 carpet cleaned and nature of carpet and upholstery cleaning required), and that Fiberseal gives no guarantee as to the actual results of the Service.
e. Except to the extent provided in this clause, Fiberseal 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 Fiberseal (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 Fiberseal).
15. 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.
The Customer indemnifies Fiberseal against:
a. all losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 3; and
b. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Fiberseal 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).
17. Accidents, Breakage or Damage.
a. The Customer must inform Fiberseal of any incident where an accident, breakage or damage to property has occurred due to any act of the Fiberseal Technician within 24 hours of completion of the Service.
b. 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 Fiberseal within 24 hours of completion of the Service.
c. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Fiberseal under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
a. This Agreement may be terminated by the Customer by providing at least 24 hours’ notice prior to the Service Time.
b. Subject to clause 18(c), Fiberseal may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
c. Fiberseal may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Fiberseal, that breach is incapable of remedy.