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  • 17. Exclusions and Limitations

    17a. The only conditions and warranties which are binding on HOT Cleaning in respect of the state, quality or condition of goods and services supplied by HOT Cleaning to Clients are those imposed and required to be binding by statute (including the Trade Practices Act 1974).

    17b. To the extent permitted by statute, the liability, if any, of HOT Cleaning is, at HOT Cleaning's option, limited to and completely discharged by the resupply of the Service. HOT Cleaning is not responsible for:

        17bi. not completing or providing the Service as a result of a breach of a warranty by the Client in clause 3 (including a failure by the Client to provide utility services, a safe working environment or unencumbered access to the Premises); or

        17bii. not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 7;

        17biii. any loss or damage incurred by the Client or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of HOT Cleaning;

        17biv. not completing or providing the Service due to an act or omission of the Client or any other person at the Premises during provision of the Service under Clause 8d;

        17bv. wear, damage, stains or bad odours that can not be completely cleaned or removed under Clause 9;

        17bvi. any broken glasses - (glass windows/doors) that is deemed health and safety issues under Clause 7;

        17bvii. any wear or discolouring of fabric or linoleum/vinyl or tile surfaces becoming more visible once dirt has been removed under Clause 9;

        17bviii. any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) under clause XX or the Premises under Clause 6; or

        17bix. the cost of any key replacement or locksmith fees, unless keys were lost by HOT Cleaning or the Cleaner under Clause 14;

        17bx. not completing the job due to requirements deemed to be differnt from the information provided by Client to HOT Cleaning  or if absence of any specific instructions or unclear definable descriptions under Clause 4;

         17bxi. not completing the job due to wrong size of the premises or the number of rooms to be cleaned provided by the Client under Clause 4;

        17bxii. not completing the job due to lack of time. Instead, as per agreement with Client, Ceaner will only clean as "per priority areas and tasks to be done within the allocated time". Any areas or tasks undone will be left undone under Clause 4.

        17bxiii. not completing the job due to premises is locked at the time cleaner arrived.

        17bxiv. any re-soiling or footprints as a result of foot traffic during general cleaning, furniture removal, building or maintenance work done at the property during or after the cleaning. HOT Cleaning reserves the right to take a photo of the premises after the cleaning in case of any dispute.

        17bxv. not completing the specific specialist job due to uneven or sloping surface for vehicle to park to unload machine/equipment as it imposes safety issues under Clause 7.

    17c. 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 HOT Cleaning are excluded.

    17d. The Client acknowledges that the results of any services provided may vary depending on a number of factors (including time elapsed since Premises was last cleaned and nature of carpet, upholstery, linoleum/vinyl, tiles and grout cleaning required and the level of clutter, dust, soil and moulds accumulated over time), and that HOT Cleaning gives no guarantee as to the actual results of the Service.

    17e. Except to the extent provided in this clause, HOT Cleaning 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 HOT Cleaning (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products or equipment used or services provided by HOT Cleaning)

    17f. HOT Cleaning has no liability for any accidents happened after cleaning due to negligence of the Client under Clause 4.