TERMS & CONDITIONS OF SERVICEMASTER (EXETER, SOUTH & EAST DEVON)

1. These terms and conditions shall be deemed to be incorporated into all contracts between; the ServiceMaster franchisee whose name and address appears overleaf / attached 'The Supplier' and the person, persons or company whose name appears overleaf / attached 'The Customer' for the supply by the Supplier of goods and / or services specified overleaf / attached. In the absence of express written agreement to the contrary such goods and/or services are tendered or delivered and work undertaken upon and subject to these terms and conditions only.

2. The Supplier agrees to perform the work specified overleaf / attached in a workmanlike manner using reasonable care to attain the best possible results. However, all liability shall be excluded in respect of loss or damage arising from:

1. Faulty manufacture or inherent defect in any material(s) which is the subject of this contract.
2. Misuse, damage or cleaning of any material(s) by the customer prior to work being undertaken.
3. Poor colour fastness or dimensional instability of any material which is apparent upon testing by the supplier prior to work being undertaken.
4. Manufacturer's or other dye or markings on any material which is not apparent upon testing by the supplier prior to work being undertaken.
5. Failure to remove all stains and soiling.

3. While the Supplier will use all reasonable endeavours to remove all stains and soiling from any material, no guarantee or warranty is given that all stains and soiling will be removed.

4. Quotations for supply of goods and/or services provided by the Supplier will be open for acceptance for a period of thirty days from the date of the quotation, unless otherwise stated by the Supplier in writing.

5. The Customer agrees to make full payment upon completion.

6. Any claim in respect of any goods or services provided by the Supplier under the terms of this contract must be notified to the Supplier within forty eight hours from the time of the provision of the goods or Services by the Supplier and the Customer agrees to allow the Supplier every opportunity to rectify or make good the matters giving rise to such complaint.

7. Any dispute arising between the Customer and the Supplier will be referred to arbitration by an independent arbitrator to be agreed between the parties, the cost of arbitration to be borne, in the absence of any agreement between the Customer and the Supplier, by the party against whom the arbitrator's decision is made.

8. In the event of the Supplier being prevented by act or default of the Customer from carrying out the work at the agreed time and place or in the event of less than twenty four hours notice being given by the Customer of cancellation of this contract the Customer shall pay to the Supplier a cancellation fee of £35 plus VAT thereon at the appropriate rate.

9. These terms and conditions do not affect the Customer's statutory rights.