1.1 The following terms and conditions become part of the contract. Conflicting or divergent terms and conditions or other restrictions are not recognized unless Orloff’s Window Cleaning Service have expressly agreed in writing. Conditions of the contracting party are only binding for us if they are separately recognized by Orloff’s Window Cleaning Service.
1.2 On-site facilities, Appropriate access for tools, equipment and vehicles is required. Keys to access privet and or common court yards gate and or doors. Access to basements and rooftop attic space.Access to tape water.
1.3 Temperature limitations, Weather conditions below 10 degree Celsius can and or will be rescheduled to agreed time and day. And Weather conditions at or above 40 Degree Celsius can and or will be rescheduled to agreed time and day.
1.4 Weather (Winter Season) internal Services can be provided. Otherwise stated or agreed to on quotation winter services will be completed.
1.5 Unfit and Unsafe working conditions, consist of but not limited to, Windy conditions, Noise conditions, bad lighting conditions, Lightning, Over populated, People traffic, belongings congestion, unsavoury pets.
1.6 Standby time/downtime (i.e. key collection, unable to access windows due to locked or closed fences, doors, roller doors) will incur a 50euro ex tax per hour.
1.7 Online booking is to find a suitable day for your window cleaning. Booking online is a wish date only, This date will need to be approved.
1.8 Orloff’s window cleaning service does not offer any free services.
2. Price and Payment
2.1 All quoted prices are in euros with 20% tax. Material costs (all necessary cleaning equipment and machines, Transport costs liability insurances at the time of submission are included and calculated.
2.2 At Orloff’s Window Cleaning Service sole discretion, the Price shall be either:
(a) as indicated on invoice or quotation provided by Orloff’s Window Cleaning Service to the Customer in respect of Services suppliedor offered; or
(b) Orloff’s Window Cleaning Service quoted Price (subject to clause 2.2) which shall be binding upon Orloff’s Window Cleaning Service provided that the Customer shall accept Orloff’s Window Cleaning Service quotation in writing within six (6) months.
2.3 Orloff’s Window Cleaning Service reserves the right to change the Price in the event of a variation to Orloff’s Window Cleaning Service quotation in the event of a change to the scope of Services provided.
2.4 At Orloff’s Window Cleaning Service sole discretion:
(a) payment shall be due on delivery of the Services; or
(b) payment shall be due before delivery of the Services; or
2.5 Time for payment for the Services shall be of the essence and will be stated on the invoice. If no time is stated then payment shall be due Ten (10) days following the date of the invoice.
2.6 Orloff’s Window Cleaning Service has the right to charge 10% default interest per week.
2.7 Payment will be made by cash, or by bank transfer, or by any other method as agreed to between the Customer and Orloff’s Window Cleaning Service.
2.8 GST and other taxes that may be applicable shall be added to the Price
2.9 Receipt by Orloff’s Window Cleaning Service of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Orloff’s Window Cleaning Service ownership or rights in respect of the Services shall continue.
2.10 In the case of a sale of the property or change of the property management, the original client is liable for all outstanding debts and all future claims arising from the contract up to a debt assumption by the legal successor or a proper termination of the contract. The client can only offset against our claims with claims established in court or recognized by us. The client is not entitled to withhold payments due to warranty or damage claims. In the case of delivery of property suitable for property, a reservation of title is agreed in our favor until full payment of the invoice amount plus any interest and reminder fees.
2.11 The invoices created after completion of work are to be brought promptly upon receipt without deduction for deposit. If the contractual partner is in arrears with the agreed payment or service, we can either insist on fulfillment of the contract and (a) defer fulfillment of our own obligations up to 5 days after settlement of the outstanding payments or other benefits, (b) settle default interest at the rate of 12% above the respective base interest rate of the European Central Bank from the due date or declare the withdrawal from the contract after granting a reasonable period of grace.
2.12 We have a no paper invoice policy. Request of paper invoice must be submitted in writing before commencement of contracted work.
2.13 Default of payment within the dated ten (10) business working days due to failure of submitting paper invoice request will incur the above stated charges (2.6)
2.14 If no specific written terms are submitted to Orloff’s Window cleaning service and approved before commencement of contracted work, above terms apply.
3.1 Orloff’s Window Cleaning Service may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice (i.e.: email or SMS) and or Phone call to the Customer. On giving such notice Orloff’s Window Cleaning Service shall repay to the Customer any sums paid in respect of the prepaid invoice amount. Orloff’s Window Cleaning Service shall not be liable for any loss or damage whatsoever arising from such cancellation.
3.2 Customer may cancel services at any time. Three (3) days before there is no cancelation fee. Two (2) days before scheduled work will incur a 25% of the quoted price. One (1) day before scheduled work will incur a 50% of the quoted price. On the day cancelation of scheduled work will incur a 200euro minimum charge fee. Fair play, if there is an out of the usual situation, we will waver the above fees, (i.e. death, sickness)
3.3 Cancelation of a yearly quoted price,(i.e. multiple cleans a year) will require a write request of cancelation. A cooling off period of three (3) months for date last clean will occur. This can be paid in advance.
4. Premature contract termination
4.1 In the event of early termination, the customer may not rely on non-performance or poor performance until several written complaints have not been remedied after we have taken notice. In the event that the client does not make payments or late, we are entitled to rescind the contract with immediate effect by setting a 5-day grace period without having to provide any services. Any complaints about non-performance must be in writing immediately, but not later than the 4th of the following month in writing, otherwise the client has no claim to compensation. If there is any doubt about the solvency or creditworthiness of the client, we are entitled to withdraw from the contract or to make the fulfillment of the contract dependent on us appear appropriate collateral including advance payments. Suspension of payments, opening of insolvency proceedings or liquidation of the buyer release us from the delivery or performance obligation.
5.Warranty and liability
5.1 We are liable for material and professional performance. When the order is placed, the client is obliged to carry out an acceptance of the object immediately together with our responsible customer advisor and to immediately notify any defects, damages, etc. in writing. Later claimed deficiencies and damages are not noted. If no final inspection takes place, the order is considered duly completed.
5.2 In the event that the Customer cancels delivery of Services by notification to Orloff’s Window Cleaning Service in writing, then the Customer shall be liable to pay for all Services delivered up to the time of cancellation and shall be liable for any loss incurred by Orloff’s Window Cleaning Service (including, but not limited to, any loss of profits) as a result of the cancellation. 3 Months notification on the 1st of the month in writing to cancel contract. This is based on contracts priced with more than one clean.
5.3 Waive of Liability. Client agrees to hold Contractor harmless in the event of fabricating debris being discovered and/or determined to be present on any TSG glass (thermally pre-stressed), heat-treated, heat strengthened, and or any tempered glass found on job site. Client agrees to waive any liability of Contractor for any blemishes, marks, marring, burns, dis-coloring, time delayed fine or microscopic scratch growth which may and or can become visible over a 24 – 48 or even 72 hour period, that may appear on said glass after normal and post construction professional window cleaning methods.
Client is entirely aware and understands that Contractor uses only professional grade tools, methods, and procedures for cleaning glass, and agrees that Contractor has been retained to provide such services. IWCA International Window cleaning association has given accepted post construction method for removal of fabricating debris and other soils from window glass surfaces.
Client is aware and agrees that Contractor has no control over quality of glass as it is manufactured, delivered, installed, fabricated, and assembled and has no control over the quality of finishing operations on cladding around glass, either wood or other material, on and or around glass.Client agrees that Contractor has no control over any other trades that may come into contact with said glass, and that Contractor will not be held liable for any damage, blemishes, marks, marring, burns, discoloring, etc., that any other trade may have created on glass during manufacturing, delivery, installation, and or any finishing operations on said glass and or cladding, either wood or other type surfaces.Client agrees to and understands that Contractor will only proceed with cleaning, in the event of fabricating debris being found on any glass, with a waiver of liability signed by client. Contractor will not be held liable for any damage to any TSG glass (thermally pre-stressed), heat-treated, heat strengthened, and or tempered glass. This waiver does NOT cover breakage due to negligence or mistreatment on the part of Contractor.
6.1 If a term is not expressly agreed in the contract between the client and the contractor, the contract shall be concluded for an indefinite period and may be terminated by registered letter subject to a notice period of three months in each quarter. For special cleaning the order for a one-time execution is completed.
6.2 If Services are cancelled due to weather conditions, services will be rescheduled to an agreed and appropriate time and day with customer receiving a rebooking fee.
Jurisdiction is Vienna; For conclusion of the contract, the client has the present general terms and conditions without prejudice to our own terms of business or delivery accepts and acknowledges their validity even if a separate order letter which does not contain these terms and conditions.