Hi BankFodder, thanks for your quick reply.
If it went to court I would claim for £4000 - £6000 which is the spectrum between repair and replacement. The contract they referred to I'm assuming is the following terms and conditions in their website:
"(5.1) Liability
Cleaner Cleaner Ltd reserves the right not to be liable for:
(5.1.a) Wear, discolouration or staining of carpets, rugs and upholstery becoming more visible once soiling has been removed or after stain removal treatment. Discolouration or colour loss caused by domestic cleaning products may become more visible after soiling and product residue has been removed.
(5.1.b) Professional cleaning following a home attempt can reveal discolouration or colour loss caused by domestic cleaning products; this may become more visible after soiling and/or product residue has been removed.
(5.1.c) The larger the stain the less likely it is to blend.
(5.1.d) Failing to remove old/permanent stains that cannot be removed using industry approved professional carpet, rug and upholstery cleaning methods.
(5.1.e) We can only clean the surface of the carpets and upholstery/mattresses, if the stains and smells have gone into the underlay or the carpet or the filling of the upholstery/mattress, we have no access to clean this.
(5.1.d) Stains not visible to the naked eye may become visible once cleaning has taken place.
(5.1.e) Removal of grey or dark edges of fitted carpets, these are filtration marks and most of the time cannot be fully removed.
(5.1.f) Existing damage or spillage that cannot be cleaned/removed completely using industry approved professional cleaning detergents and equipment, or professional carpet, rug and upholstery cleaning equipment.
(5.1.g) Damages becoming more visible after inappropriate domestic products used before our service (e.g. if products used soften the carpet adhesive and cause delamination of the fibres)
(5.1.g.1) Moth damage to carpets, rugs or upholstery becoming more visible after the service.
(5.1.h) Where there is/has been moth infestation, carpet or rug fibres can become loose and can be extracted with the high filtration vacuum, therefore we will only clean around these areas.
(5.1.i) Cleaner Cleaner will not be liable for verbal requests made by customer either to cleaners or office staff, i.e. to dispose certain items but not some, to accept or reject some deliveries made to the property, to lock some locks but not others, to not clean certain areas, to do extra tasks not included in our tasks list. All special requests should be made clearly via emailed to office@cleanercleaner.co.uk to avoid miscommunication.
(5.1.j) Upholstery fabric tailoring pen marks to become visible after a professional cleaning: These pen marks are usually on the back of the fabric and the cleaning process and bring them to the surface. There is no way for us to predict this and we cannot be held responsible should this happen.
(5.1.k) Not completing tasks which are not stated in the booked service package checklist.
(5.1.l) Cleaning jobs not complete due to the lack of hot water or power or poor lighting conditions or due to any other obstruction to the cleaning process.
(5.1.m) Not complete cleaning jobs due third party entering or present at the customer’s premises during the cleaning process obstructing our work (workmen, movers, etc.).
(5.1.n) Damages caused to special surfaces (such as marble, glass, wood or natural stone), unless you have notified us in writing of their presence before we commence the services.
(5.1.o) A reimbursement of any charges paid for a repair of a damaged item carried out by a third party without our written consent.
(5.1.p) A damage to items or their loss if caused by any of the following reasons:
– Normal wear and tear or deterioration, leakage or evaporation or from unstable or perishable goods.
– Infestation by moth, vermin or anything similar.
– Cleaning, repairing or restoring goods, unless undertaken by ourselves.
– To jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, items of sentimental value, coins or goods or collections of any similar kind, unless we have confirmed in writing that we accept responsibility and you have given us description and value of those articles.
– Any goods already proven defective or goods, which are inherently defective.
– To pets or animals (including reptiles, fish and birds) whether in cage, tank or animal carrier.
– To plants.
– To refrigerated or frozen food or drink.
– To data, files, software or digital contents of any computer or similar device.
– To fragile and highly breakable items if they have not been secured or removed by the customer.
(5.2.) Cleaner Cleaner Ltd is liable for:
(5.2.a) Keeping all customers’ information confidential.
(5.2.b) Key replacement/locksmith fees only if keys were lost by our operatives. There is a £100 per household liability limit. If a master key has been lost by our operatives, our liability is limited to £200.
(5.2.c) The repair of a damaged item at its cost if the damage was caused by a member of our staff. For this purpose, a representative of Cleaner Cleaner Ltd must be allowed to return to the client’s property in order to assess the damage in person and determine if it is possible to repair the damaged item.
If the item cannot be repaired, Cleaner Cleaner Ltd will rectify the problem by crediting the customer with the item’s present actual cash value toward a like replacement from a Cleaner Cleaner Ltd’s source upon payment of cleaning services rendered.
(6.0) Important information about after builders cleaning
Building works always take longer than scheduled. Please speak to your builders and find out when the works will be finished. In case of after builders cleaning where works have not been completed prior to cleaning service, we will not guarantee our service, and if dusty surfaces are found post cleaning, we will not return free of charge. We will make every effort to do the best possible clean considering the circumstances.
(7.0) INSURANCE
Cleaner Cleaner Ltd has a Public liability insurance of £2 000 000, and Employer’s liability insurance for £10 000 000.
There is £200 excess for any claim, of which £100 are paid by customer and £100 by Cleaner Cleaner Ltd.
These terms and conditions shall be governed by the relevant United Kingdom law, and by agreeing to be bound by them the customer agrees to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.
Cleaner Cleaner Ltd reserves the right to make any changes to any part of these terms and conditions without giving any prior notice. Should any of the above clauses change all existing customers will be notified. Please check this website for updates."
I think the main point here is that the fading to the fabric is clearly a result of where they have scrubbed around the stain and not a result of fading that was already there but that is now revealed due to the fabric being cleaner.
Thanks again,
Tom
