4.1 Customer acknowledges and agrees that the Company shall subcontract with its Contractors to perform any and all Services and/or Products under these Terms and any Contract hereunder.
4.2 Customer represents and warrants that it is the legal owner or in lawful possession of all personal property that is to be the subject of the Services and/or Products, and has the legal right and authority to contract for the Services and/or Products with respect to all such property, subject to these Terms and any Contract hereunder. In addition to, and not in lieu of, any other rights or remedies of the Company hereunder, the Customer shall indemnify and hold harmless the Company and its Contractors from any liability for loss, cost, expenses, and damages which Company or its Contractors may incur as a result of any breach of this representation and warranty.
4.3 Customer shall not present any Hazardous Materials (as defined below), flammable materials, explosives, or other inherently dangerous material to be the subject of the Services and/or Products under these Terms or any Contract hereunder. The term “Hazardous Materials” shall include, but not be limited to, any hazardous or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable local, state or federal law or regulation. In addition to, and not in lieu of, any other rights or remedies of the Company hereunder, the Customer shall indemnify and hold harmless the Company and its Contractors from any liability for loss, cost, expenses, and damages which Company or its Contractors may incur as a result of any such prohibited items.
4.4 With reference to Article 8, below, if Customer has any high value items (including, without limitation, business or legal documents, artwork, etc.) Customer should consider exclude cleaning near such items from the Services or notifying its own insurance agent to obtain additional coverage for the protection of incidental damage of such items, at Customer’s own expense.
4.5 Company will not be responsible for failing to remove any stains or damage to the areas contracted by the Customer to clean.
4.6 Human and pet urine odor and stains can take considerable time to remove the odor and stain from the surface or within the damaged floor or upholstered furniture. Bluegreen will need to inspect the problem area in person prior to starting the service. There is no guarantee implied or expressed that all human and/or pet urine and/or stains will be removed in our cleaning process. Our Spot and Spill program does not cover human or pet spots.
4.7 Arrival times indicated in a Contract or Company communication are estimates only and the Company reserves the right to modify or delay the arrival times. Company will make a good faith effort to complete service as indicated in a Contract or Company communication, but Company assumes no responsibility or liability for any loss or damage due to delay or inability to begin service, whether or not such loss or damage was made known to Company.
4.8 If delay in services is caused by the circumstances of force majeure (including, but not limited to, an act or omission on the part of the Customer), the time for service shall be extended by a period which is reasonable having regard to all the circumstances of the case. If the Customer requires any change to content of delivery and/or Product after the date of the Contract, Company has a right to reschedule delivery time based on free capacity.
4.9 For both offsite and in-home area rug cleaning, Company is not responsible for shrinkage, fugitive or migrating dyes, transfer of instructional markings on fabrics, yarns that might bleed, bleached spots, sun or other forms of fading, cellulosic browning, texture change, fibers or yarns weakened by age, chemical or insect damage, degraded adhesives, wear or permanent discoloration or stains, detergent or spotter damage or residue. It is further understood that there is no guarantee that all stains or pet odors will be removed completely.
4.10 Customer understands that when cleaning natural stone flooring, vanities, and countertops, that the removal of factory applied finishes will yellow or dull over age and may come off during the cleaning and/or chemical stripping process. Customer understands that Bluegreen will provide a price to replace this factory applied finish with comparable or upgraded floor finish in such event.
4.11 Customer understands that removing dirt or any other contaminate from the floor may reveal pre-existing damage to the flooring or upholstered furniture. Company will not be held responsible for these pre-existing conditions.
4.12 Customer understands that some contaminates may not be released from the floor or upholstered furniture during the Company cleaning process and may have permanent staining.
4.13 Company is not responsible for any damage to Customer’s home, vehicle, area rug or surface cleaned by products provided by the Customer. No warranty is provided implied or expressed by Customer provided products.
4.14 In the event Customer needs to cancel or reschedule any service date or time, Customer shall provide the Company at least 48 business hours’ notice prior to such scheduled pickup or delivery day. In the event Customer does not provide such prior notice, the Company reserves the right to charge a cancellation fee of One Hundred and Fifty Dollars ($150). This cancellation fee also applies to lockouts where we are not able to access your home. Our Technicians will wait for 15 minutes before departing and calling all available numbers on the account.4.15 Service Quality Guarantee. Company strives to provide outstanding cleaning services for our Customers. If you are not happy with the service or product provided by Company, you are required to notify us via phone call within 48 hours of completed service. Company will provide a set appointment to return to the Customer’s service location and if possible, resolve the problem within 3 weeks or sooner if Company and Customer agree to a mutually beneficial time. If Company does not receive notice of a problem within 48 hours of completed service or if Customer decides to resolve the issue, no additional compensation or reduction in invoice will be provided to the Customer.
4.16 Company will not, under any circumstances perform any work in a house where there is a minor alone. There must always be a person of legal age (18 or older) present if there is a minor at the home. In the event that the person of legal age shall leave the premise, Company Employees will leave the home and full payment will be due.
4.17 Customer may be provided a price estimate over the phone from Company for future services for Customer’s home or dwelling. This estimate is based on dimensions provided by Customer, typical room dimensions for a home of a similar size provided by the Customer or a Company Employee may provide Customer with typical ranges based on previous clients. Final price may increase or decrease once measurements are taken in the home of the Customer prior to commencement of services.