General Terms and Conditions (GTC) Service

1. General

1.1 The following terms and conditions form an integral part of the contract. Unless otherwise expressly agreed to in writing, Orloff’s Window Cleaning Service (OWCS) does not recognise any conflicting or divergent terms and conditions and/or other restrictions. The terms and conditions of the contracting party, if any, are only binding on OWCS if such terms and conditions are separately recognized and expressly agreed to by OWCS.

1.2 On-site facilities: Appropriate access for tools, equipment and vehicles is required. Keys to access private and/or common courtyard gates and/or doors must be made available. Access to basements and rooftop attic spaces must be guaranteed, where necessary. Access to tap water must be provided.

1.3 Temperature limitations, weather conditions below 10 degrees Celsius can and/or will result in the agreed services being rescheduled to a time and day agreed between both parties. If on any given day the temperature reaches or exceeds 40 degrees Celsius, the services to be rendered can and/or will be rescheduled to a time and day agreed by both parties in the interests of ensuring safe working conditions.

1.4 Working conditions are deemed unfit and unsafe if on the day on which the service is to be rendered, it is very windy, noisy, or the light is poor resulting in reduced visibility. Further, working conditions are unsafe in the event of thunder and lightning, if there are too many people in, around or passing through the area where the windows are to be cleaned, or if there are items or possessions in the way of or close to the windows that hinder or make it too difficult or dangerous to provide the services agreed. Furthermore, working conditions are deemed unsafe if the presence of pets, regardless of whether they are dangerous or tame, represent a hazard or distraction.

1.5 In the event of any downtime during which OWCS are on-site and ready to work but are nevertheless unable to perform the contracted services for reasons beyond our control (including, but not limited to, circumstances where we have to wait for a key to be provided to us, or where we are unable to access windows due to fences, doors, or blinds being locked or closed), will incur additional charges to the original quoted price.

1.6 If a duration is not expressly stipulated in the quotation between the customer and OWCS, OWCS shall continue to clean for an indefinite period until all windows and surfaces covered by the contract have been cleaned in accordance therewith. OWCS wishes to offer the fastest professional cleaning service physically possible.

2. Price and Payment

2.1 All prices are quoted in Euros without tax unless otherwise stated. Material costs (all necessary cleaning equipment and machines, transport costs, liability insurances at the time of submission) are included.

2.2 20% VAT will be added to the price.

2.3 At OWCS’s sole discretion, the price is either:

(a) as indicated on invoice or quotation provided by OWCS to the customer in respect of services supplied or offered; or

(b) OWCS quoted price (subject to clause 2.1), which is binding on OWCS provided that the customer accepts OWCS’s quotation in writing within one (1) month.

2.4 OWCS reserves the right to change the price of any product or service it offers to the customer in the event of any variation to the original scope of services quoted.

2.5 At OWCS’s sole discretion:

(a) payment is due on provision of the service(s); or

(b) payment is due before provision of the service(s).

2.6 Payment terms will be stated on the invoice, failing which payment is due ten (10) days after the invoice date.

2.7 Payment will be made by cash, or by bank transfer, or by any other method agreed between the customer and OWCS.

2.8 Receipt by OWCS 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. Until then OWCS’s ownership or rights in respect of the services shall continue.

2.9 OWCS has a “no paper invoice” policy. A request for a paper invoice must be submitted in writing via email to office@orloffs.at before commencement of the contracted work.

2.10 Default of payment within ten (10) days of the due date on account of a failure to submit a paper invoice request will incur a EUR 300 minimum charge fee (inc. VAT).

2.11 The above terms apply if no specific written terms are submitted to OWCS and approved before the commencement of the contracted work.

3. Cancellation

3.1 OWCS may cancel any contract to which these terms and conditions apply or cancel the provision of services at any time before the services are provided by giving written notice (i.e. email or SMS). On giving such notice, OWCS shall repay to the customer any sums paid in respect of the prepaid invoice amount. OWCS is not liable for any loss or damage whatsoever arising from such cancellation.

3.2 Customers may cancel services at any time. On the day cancellation of scheduled work will incur a EUR 300 minimum charge fee (inc. VAT). If there are extenuating circumstances, OWCS may waive the above fees at its discretion (i.e. in the event of death, or serious illness).

4. Premature contract termination

4.1 The Customer may not invoke non-performance or poor performance as grounds for the premature termination of the contract. Any complaints about non-performance or poor performance must be made in writing immediately, otherwise the customer has no claim for compensation and/or termination. OWCS is under no legal obligation to acquiesce to the premature termination of the contract unless it has received five written complaints within one year and has had the opportunity to remedy the situation and properly address the complaints regarding non-performance.

4.2 In the event that the client fails to make any payments when they fall due, OWCS is entitled to rescind the contract with immediate effect.

4.3 If there is any doubt about the solvency or creditworthiness of the customer, OWCS is entitled to withdraw from the contract, and/or request advance payments before services are provided under the contract.

4.4 Suspension of payments, the opening of insolvency proceedings or the liquidation of the buyer releases OWCS from its obligation to deliver goods or render performance.

5. Warranty and liability

5.1 OWCS is liable for material and professional performance. When the order is placed, the customer is obliged to notify OWCS immediately of any defects, damages, etc. in writing or provide photographic documentation demonstrating the existence of such defects or damage. Any defects and damage of which you notify OWCS after completion or later are not covered by the warranty and will be disregarded. If no final inspection takes place, the order is considered duly completed.

5.2 Waiver of Liability. The customer agrees to hold OWCS free and 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 location. The customer agrees to waive any liability of OWCS for any blemishes, marks, marring, burns, discolouring, 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.

The customer is entirely aware and understands that OWCS uses only professional grade tools, methods, and procedures for cleaning glass, and agrees that OWCS has been retained to provide such services. International Window Cleaning Association (IWCA) has provided and published an accepted post construction method for the removal of fabricating debris and other soils from window glass surfaces .

The customer is aware and agrees that OWCS has no control over the 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 materials, on and/or around glass. The customer agrees that OWCS has no control over any other trades that may come into contact with said glass, and that OWCS will not be held liable for any damage, blemishes, marks, marring, burns, discolouring, etc., that any other trade may have created on the glass during manufacturing, delivery, installation, and or any finishing operations on said glass and or cladding, either wood or other types of surface. The customer agrees to and understands that OWCS will only proceed with cleaning, in the event of fabricating debris being found on any glass, with a waiver of liability signed by the customer. OWCS 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 OWCS.

Information pursuant to § 19 (3) AStG

Alternative Dispute Resolution Act - Online stores

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.