BABASH RUG SERVICES, INC. (“Service Provider”) provides its washing, repair, and stain removal services pursuant to the following terms and conditions. Please read carefully before signing as this contract limits our liability. Customer represents and warrants that he/she/it is either the owner of the rug(s)/carpet(s)/textile(s) being serviced or is authorized on behalf of the owner to enter into this contract and bind the owner by its terms and conditions. By giving items to Service Provider, whether or not the Customer is present at the time or signs the terms and conditions, the Customer affirms their consent to services listed above and these Terms and Conditions. Service Provider agrees to perform services for the Customer subject to the following terms and conditions:
Service Provider utilizes effective, safe and proven methods in washing, repairing and servicing your rugs. Our objective is to clean and service your rugs while maintaining their integrity. Regardless of our professional efforts, the final outcome is impacted by factors beyond our control. These factors include, but are not limited to, fiber composition, dye material, quality of weave or construction, age, or the finishing processes used to finalize the product by the manufacturer. Certain manufacturers provide detailed information about their products and recommended care instructions while others provide no information. Service Provider uses its best efforts to ascertain the needed information to properly service your rugs. However, our efforts are limited by the information available.
1. No Warranties. Customer acknowledges and agrees that by accepting to perform washing, repairing or stain removal services, Service Provider does not make any warranties to Customer, either implied or expressed.
2. Bleeding & Discoloration. Certain dye materials used in manufacturing of rugs, carpets, or textiles bleed, and despite Service Provider’s efforts, no processes can be utilized by the cleaner to prevent the bleeding of such dyes. When quality dyes are properly set by the manufacturer, color bleeding during the washing process will most likely not occur. Accordingly, any guarantee against color bleeding must come from the manufacturer and not the cleaner. Similarly, utilization of inferior dye materials, exposure to sun light, improper setting of dyes, and blending of fibers coupled with lack of care instructions could lead to discoloration or fading. As a result, Service Provider is helpless when it comes to bleeding and discoloration. Additionally, certain manmade fibers are not suitable for cleaning. In those fibers, exposure to water or cleaning detergents could cause discoloration or shading (i.e., yellowish cast or tint).
3. Shrinkage, Stiffening of Fibers, Detachment of Backing. Poor workmanship in rug manufacturing coupled with lack of care instruction could cause fibers to shrink or change their texture during the washing process. Additionally, rug backing could detach during the washing process. Service Provider cannot take any measure to prevent such events from happening and is not responsible for their occurrence.
4. Chemically Washed or Vintaged Washed Rugs. Chemicals used by manufacturers to create certain patina or look irreversibly alter the fiber quality and shading. Some of these rugs change color or shade during the washing process. This is an unavoidable consequence of cleaning chemically washed rugs. Service Provider is not responsible for this transformation during the washing process.
5. Breakage. Old or antique or damaged rugs/carpets with fragile or damaged foundation, weak or worn spots, chemical treatments, burns, dog spots, or dry backs could experience breakage during the washing process. Service Provider is not responsible for breakage during the washing process.
6. Pre-Existing Conditions & Defects. Service Provider may note observable pre-existing conditions, such as tears, stains, or other damage on the work order. However, the omission of any such notation, or a section for defects being left empty, does not imply the absence of such defects. Service Provider is not responsible for any pre-existing conditions, whether they were noted on the work order or not.
7. Moth Damage. Moths and other pests can cause significant, often hidden, damage to rug fibers and foundation. The washing process will remove dirt, debris, and loose fibers, which can make pre-existing moth damage much more apparent and totally eye-catching after cleaning. This may reveal thinning, holes, or foundation wear that was not visible prior to service. Service Provider is not responsible for the pre-existing condition of moth damage or for its increased visibility after the service is complete.
8. Removal of Stains. Common stains from food and dirt are most likely removed by our deep cleaning process. However, more persistent stains, such as, wine or animal urine will not be eliminated during the washing process and may need additional processes after completion of the cleaning process. Ultimately, certain stains cannot be removed. Removal of some stains may cause damage to the fibers making up the rug, carpet or textile. Some stains that were not visible before washing may become visible after washing due to chemical reaction or other factors. Service Provider is not responsible for such changes during the washing process.
9. Removing Furniture. From time to time, picking up rugs or carpets will require removal of Customer furniture or furnishings which Service Provider may be able to do depending on the amount of work involved as pure accommodation. Service Provider is not responsible for any damage or breakage as a result of removal of such items.
10. Payment, Liens, and Storage. Payment in full is due upon completion of services and prior to delivery or at the time of customer pick-up. The service fee is for the process performed and is not contingent on specific results. Payment cannot be held, delayed, or reduced due to a dispute or dissatisfaction with the outcome**.** Pursuant to California Civil Code §3051, Service Provider has a lien on all items in its possession for the balance due for its services. All items serviced remain the property of Service Provider until the invoice is paid in full. Any claims or disputes must be addressed separately after the invoice has been paid in full. In the event that items are delivered and/or installed at the Customer’s premises prior to the collection of payment, and the Customer subsequently fails or refuses to pay the invoice in full, the items shall be immediately surrendered to Service Provider’s personnel. If recovery of the items is necessary, the Customer shall be liable for all additional fees incurred by Service Provider to recover the items, including but not limited to, labor, transportation, and administrative fees. Should the items be recovered due to non-payment, Service Provider is under no obligation to perform a second delivery or re-installation of the items. A subsequent delivery and installation service may be negotiated for an additional fee, at the sole discretion of Service Provider, and only after the original invoice and all associated recovery fees have been paid in full. Customers are responsible for storage fees for items not picked up within 30 days of being notified that they are ready. Items left in the possession of Service Provider for more than 30 days after notification of completion are held at the Customer’s sole risk. Service Provider shall not be liable for any damage, loss, theft, or deterioration to such items, even if such damage is the result of Service Provider’s fault, as the Customer has an obligation to retrieve their property in a timely manner. For items not picked up after 30 days, Service Provider, in its sole discretion, has the right to sell these items to cover the outstanding balance, dispose of them, or continue to hold them for an accruing storage fee as it deems fit. Service Provider reserves the right to report any delinquent Customer to a credit bureau agency and/or refer their account for collection. Service Provider accepts various forms of payment but may request cash or certified funds at their discretion.
11. Site Visit / Pickup / Cancellation & Disposal Fees Within Service Provider’s service area, an on-site consultation and/or pickup visit is $75–$250 per visit if it is determined that services agreed upon during consultation are no longer required, distance-based (technician routing and address/ZIP determine the cost). This fee covers technician travel, time on site, and handling. If Customer cancels after technicians arrive, if access is not provided, or if the item(s) are unavailable upon arrival, the consultation/pickup fee in Section 11.1 is due and nonrefundable. If an item must be disposed of (e.g., irreparably contaminated/infested, structurally unsalvageable, or expressly authorized for disposal by Customer), a disposal fee of $80–$250 per rug (size/weight-based) will apply.
