Terms-and-conditions

These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and we or ApexClean ( “Apex Carpet Cleaning Limited”) of 4/24 Lincoln Road, Henderson, Auckland. New Zealand for the provision of services by ApexClean.

1)  Services that we agrees to provide

1. Cleaning services that we agrees to provide at booking are,
2. Carpet cleaning, Mattress cleaning, Upholstery cleaning, Window cleaning and other cleaning related cleaning services.
3. Stain and odour removal treatment and other specialized treatments.
4.  Mutual consent and Add-ons and Revisions
5. Area of services, time of services and payment mode need to be mutually agreed before the commencement of work.
6. ApexClean may cancel or request you to reschedule the work due to any unexpected or unforeseen events that may affect our ability to provide the service at the requested time and place. Such a situation we will try to inform the customer and discuss the best options.
7. Any add-ons to the Service to be provided must be agreed by ApexClean prior to the Service Time.
8. If the Customer requires any add-ons, variations or revisions at the time the Service is being performed, the Customer must first contact ApexClean by telephone, who may agree to provide the additional services in its absolute discretion. The Carpet Cleaner not authorized to agree to any changes to the Service that that the customer agreed with ApexClean. The Customer must not request such changes directly from the Carpet Cleaner.

 2) Health and Safety – obligations and warranties^#

1. You will provide a safe working environment at the Premises for the Carpet Cleaner to perform the Service;
2. The Carpet Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
3. You will provide the Carpet Cleaner with unencumbered and unobstructed access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Carpet Cleaner to provide the Service;
4. You will advise ApexClean prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers.
5. You will authorize to use the Premises and obtain the provision of Service;
6. You will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.

3) Health and Safety

In addition to the Health and Safety – obligations and warranties  set out in clause 2^# above, the Customer acknowledges and agrees that:

1. The Carpet Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
2. The Carpet Cleaner 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, in the absolute discretion of the Carpet Cleaner, a risk to health and safety.
3. 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.
4. The Customer must agree to keep children or dependents away from any equipment or hot water being used as a part of the carpet and upholstery cleaning process.
5. The Customer must ensure that the environment that the Customer is inviting the Carpet Cleaner to work in, is a safe environment free from electrical or structural hazard.
6. Carpet cleaning solutions should be considered poisonous, and are not for human consumption.
7. Without prior permission, do not touch or use in anyform any tools, items, or accessories that of the carpet cleaner.

6) Bookings

1. The Customer may make a booking either in person, by telephone, email or on the apexclean.co.nz website.
2. At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers.
3. ApexClean provides all quotations at the time of booking.
4. ApexClean reserves the right not to accept a booking for any reason.

7) Job Quotations.

1. The actual price payable by the Customer is the quoted price provided by ApexClean.
2. Any price quoted by ApexClean is an estimate only based on ApexClean’s experience, without inspection, and based on information provided by the Customer.
3. Quotes are valid for a period of 30 days from the date of the quote.
4. The quote we provide over the telephone or via email through the internet on the apexclean.co.nz website, is based on information provided by the Customer to ApexClean, 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.
5. The Carpet Cleaner may quote extra after inspection if there are extra rooms or areas or conditions that ApexClean 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 or presumed by ApexClean or simply an error in the estimate provided by ApexClean.
6. The Carpet Cleaner will confirm the price with the Customer before work commences.
7. When the Carpet Cleaner arrives at the premises, they will inspect the areas the Customer has requested to be cleaned.
8. 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.
9. Carpeted steps are quoted per step.
10. 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.
11. General spot is included in ApexClean’s carpet and upholstery cleaning price and the steam cleaning process.
12. Stain removal prices and heavily soiled conditions prices may be added after site examination and before commencement of cleaning service.

8) Stain or Spot removals and treatment

1. The Carpet Cleaner will inspect the carpet, upholstery and stains before the Service commences.
2. Stains derived from bleaching agents, acids, alkalies, food colorings and permanent dyes may be permanent and cannot be removed with any treatment. ApexClean and the Carpet Cleaner, does not guarantee stain removal for permanent stains.
3. ApexClean cannot be responsible for any pre-existing condition that is not apparent upon visual inspection of the Premises.  We cannot take responsibility of any pre-existing conditions which may expose or seems worsen after treatments.
4. The Carpet Cleaner may deem it ‘un-feesable’ to remove a particular stain or mark on the carpet when compared to the cost of replacement.

9) Cancellation Fees and Other Charges^##

1. There would be a minimum charge for any Service starts from $90.00.
2. Surcharges may be charged on any Service booked for weekends, after hours, public holidays or for card payment.
3. The Customer must telephone ApexClean prior to 4pm on the business day before the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
4. In the event that such notice has been given, ApexClean will endeavour to reschedule the Service if required.
5. In the event that the Customer does not provide notice prior to 4pm on the business day before the commencement of the Service, the Customer agrees to pay a cancellation fee (minimum of $90.00) for administrative costs and loss.

10) Fee for Non-Access to Premises

In the event that the Customer does not provide unencumbered access the Premises for ApexClean or its Carpet Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to the minimum charge (inclusive of GST) for administrative and travel costs.

11) Payment Terms

1. The Customer agrees to pay the price quoted by ApexClean in full prior to or at the Service Time, unless otherwise agreed in advance with ApexClean.
2. If no payment has been made by the Service Time, ApexClean will use reasonable endeavors to contact the Customer for payment. In the event that ApexClean 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.^##
3. 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:

Account BNZ

Account Name: Apex Carpet Cleaning Limited

Account Number:   02-1206-0072258-000

Transaction Ref: Invoice Ref Number

12) Cheque payments:

Cheque should be made payable to Apex Carpet Cleaning 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.

13) Late Payment Fee

1. Where ApexClean 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 3 days of the invoice date.
2. The Customer agrees that if ApexClean has not received payment in full for the Service within 21days of the original invoice date then a late payment fee of $45 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.
3. If the Customer’s account is outstanding for more than 1 month, we will call at the Premises to collect payment in person, in which case an additional $90 minimum call out fee will apply.
4. ApexClean 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.
5. In addition to the amounts set out above, the Customer agrees to indemnify ApexClean for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by ApexClean 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.

14) Non-Appearance

1. If a Carpet Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, ApexClean will provide the Customer with either:
2. A full refund of payments made by the Customer; or
3. Offer to reschedule the Service at another time mutually agreed between the Customer and ApexClean.

15) Complaints

1. If the Customer is dissatisfied for any reason with the Service provided, it must inform ApexClean within 24 hours of completion of the Service. ApexClean strives to achieve 100% customer satisfaction and will endeavor to resolve the problem quickly and efficiently.
2. In the event of a customer complaint, the Customer undertakes to give ApexClean the opportunity to rectify all work. Subject to clause 15, ApexClean may, at its discretion, offer the Customer either of the following:
3. a partial or full refund;
4. re-supply of the Service without charge;
5. such other remedy as deemed appropriate by ApexClean.

16) Exclusions and Limitations

1. The only conditions and warranties which are binding on ApexClean in respect of the state, quality or condition of goods and services supplied by ApexClean to Customers are those imposed and required to be binding by statute.
   1. To the extent permitted by statute, the liability, if any, of ApexClean is, at ApexClean’s option, limited to and completely discharged by the resupply of the Service. ApexClean is not responsible for:
   2. 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

• not completing or providing the Service as a result of the Carpet Cleaner not proceeding for health and safety reasons under clause 4;

1. 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 ApexClean;
2. 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;
3. wear, damage or stains that cannot be completely cleaned or removed;

• any wear or discoloring of fabric or surfaces becoming more visible once dirt has been removed;
• 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

1. the cost of any key replacement or locksmith fees, unless keys were lost by ApexClean or the Carpet Cleaner.
2. Except as provided in this clause, all conditions and warranties implied by law in respect of the Law of the land, quality or condition of the Service which may apart from this clause be binding on ApexClean are excluded. 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 ApexClean gives no guarantee as to the actual results of the Service.
3. Except to the extent provided in this clause, ApexClean 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 ApexClean (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 ApexClean).

17) Indemnity

The Customer indemnifies ApexClean against:

1. 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
2. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by ApexClean 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).

18) Accidents, Breakage, Damage & Theft

1. The Customer must inform ApexClean of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Carpet Cleaner within 24 hours of completion of the Service.
2. 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 ApexClean within 24 hours of completion of the Service.
3. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of ApexClean under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.

19) Termination

• This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
• Subject to clause 18(c), ApexClean may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
• ApexClean may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of ApexClean, that breach is incapable of remedy.

20) Changes to this Agreement

1. ApexClean reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on the ApexClean Carpet Cleaning website. Each updated agreement will take effect 24 hours after it has been published on the website.
2. The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular carpet cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.

21)  Law & Jurisdiction

The Customer and ApexClean acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Auckland, New Zealand and both agree to submit to the exclusive jurisdiction of the courts of Auckland in the event of any dispute.

22) Severability

The Customer agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.

23) Copyright

The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of ApexClean Carpet Cleaning.