1. Parties and Representations: The parties to this agreement are Purchaser and Seller (Safarian Rug Cleaning, Inc.). Purchaser represents that he/she has the legal authority and right to enter into this contract and that he/she agrees to keep the property free from any obstructive or conflicting claims that would interfere with Seller’s work or performance under this contract.

2. Payments: Purchaser agrees to make all payments in accordance with the terms and conditions of this contract. All orders are C.O.D. and payment is due and payable immediately upon completion of contracted work. If credit arrangements are made in advance, payment is due upon receipt of statement. Purchaser agrees that any payment not made when due is subject to a service charge of two percent (2%) per month, until paid in full. Seller can stop performance if payment due is not made by the Purchaser since such failure to pay shall be deemed a material breach, and reserves the right to demand full payment under the contract. Purchaser also agrees that non-payment of all or any part of the agreed amount shall render all Seller’s warranties null and void, if any. No refunds can be made on any special-order merchandise, cut-order merchandise, or any order which has been processed in any way whatsoever; such orders are non-cancellable.

3. Insurance: All goods are insured against fire and theft while under Seller’s care. Seller is not responsible for goods left over thirty (30) days.

4. Plans and Specifications: All plans and specifications noted on the face of the contract are made an integral part of this agreement. All prices are based on plans, specifications and/or measurements provided by Purchaser and are subject to increase in the event of any inaccuracies or changes herein.

5. Cancellation: This agreement may be canceled by Purchaser by notifying Seller in writing by registered mail or facsimile by midnight of the same day following signing of the contract. Cleaning begins immediately upon arrival at the in-plant factory. If Purchaser cancels the contract at any time, he/she/it shall be responsible for any accrued costs, in addition to liquidated damages in a sum equal to fifteen percent (15%) of the purchase price. If cleaning has been completed, Purchaser is responsible for full payment.

6. Force Majeure: Delay caused by fires, floods, strikes, labor disputes, accidents, sickness, acts of God, or other causes beyond reasonable control of the Seller shall excuse or extend the time for performance of the contract. Any and all services so suspended shall, at Purchaser’s option, be made after such event has ceased to exist. In the event Purchaser shall not choose to have Seller resume after such event or condition has ceased to exist, Seller shall be entitled to all accrued costs and payment for all services rendered prior to the suspension of services. There shall be no other or further liability of any kind on the part of the Seller to the Purchaser.

7. Seller’s Responsibilities: Seller agrees to furnish the services specified in the contract and to complete all work called for in a professional manner, according to standard practice in the industry. Seller makes every effort to perform its services as completely as possible and remove spots and stains from the items, but Seller cannot guarantee complete elimination. Some stains that are apparently invisible turn brown after cleaning. Urine and other animal stains can also remove actual color from the fibers, which cannot be restored except by dyeing. Manufacturers do not pre-shrink soft floor coverings. Therefore, Seller shall not be responsible for shrinkage, although Seller will use best efforts to control shrinkage. Seller is not responsible for the transfer of dyes through the washing process, as some dyes used in rugs are not fast or may weaken with age. Seller shall not be responsible for latex breakdown. Most tufted rugs use latex to seal the pile into the primary backings. Latex also dries and deteriorates with age. Seller cannot be responsible for any damage or discoloration due to latex breakdown. As some cleaning materials are chemicals, it is possible for some people to have adverse reactions to the fumes. Seller shall not be responsible for any such adverse reaction. Time for performance is stated according to Seller’s best expectation, but is neither guaranteed nor a condition of this Agreement.

8. Refusal of Tender by Purchaser: All sales of goods/services are final. If Purchaser declares or manifests an intention that it will not accept delivery of the goods/services in accordance with the provisions of this Agreement, no tender of delivery of such goods/services shall be necessary by the Seller. In the event that Purchaser does not render payment in full on attempted delivery of a C.O.D. purchase of goods/services, or such a purchase is canceled prior to attempted delivery, the Seller shall be entitled to liquidated damages equal to fifteen percent (15%) of the purchase price of such goods/services, plus shipping and delivery charges incurred. The parties hereto agree that damages are reasonable. Purchaser hereby waives the right to claim that such damages are unfair or unreasonable.

9. Notice of Claim to Seller—Actions Against the Seller: Within three (3) business days after delivery, Purchaser must give written notice to Seller of any claim for damages on account of the condition, quality, or grade of the goods/services, and Purchaser must specify in detail the basis of such claim. The failure of Purchaser to comply with these conditions shall constitute irrevocable acceptance of the goods/services by Purchaser.

10. Representations and Warranties:

(a) THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE WITH RESPECT TO ANY GOODS/SERVICES. SELLER SHALL NOT, IN ANY EVENT, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, EXEMPLARY, SPECIAL, LOSS OF PROFITS, LOSS OF BUSINESS, OR SIMILAR DAMAGES TO PERSONS OR PROPERTY, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Material warranties are solely those of the manufacturers of the materials specified. Purchaser agrees to look solely to those manufacturers for all warranty claims.

(c) Purchaser has made an independent investigation of the goods/services and has relied solely upon his own investigation with reference thereto and, in entering into this Agreement, is completely satisfied therewith.

(d) Purchaser agrees that no promise, affirmation of fact, sample, or description made or furnished to the Purchaser became a part of the basis of the bargain, and descriptions of goods/services in this Agreement or otherwise furnished to Purchaser are for the sole purpose of identifying the goods/services. Seller does not warrant that the goods conform to any models or samples shown to Purchaser, and Purchaser acknowledges that no warranty has arisen through trade, custom, or course of dealing by Seller.

11. Returned Checks: All returned checks are subject to a $25.00 service charge.

12. Entire Agreement: This Agreement supersedes any purchase order or other writing submitted to Seller by Purchaser and constitutes the entire agreement between them. No term, condition, promise, representation, or warranty of any kind heretofore or hereafter made by Seller or any employee, salesperson, sales agent, or other person representing the Seller shall apply, except those expressly set forth herein. Oral statements and understandings are not valid or binding, and neither this Agreement nor any order shall be changed or modified except by a writing signed by both parties. No usage of trade shall be relevant to supplement or explain any terms used in this Agreement.

13. Construction: This Agreement and all of the rights, obligations, and liabilities of the parties hereto shall be governed by the laws of the State of California in all aspects. The terms, provisions, and conditions of this Agreement shall survive delivery of the Agreement.

14. Jurisdiction/Venue: Depending upon the amount in dispute, the parties hereto consent to the jurisdiction and venue of the Superior Court of the State of California, County of Los Angeles, Central District. The parties hereto also agree that the Agreement is made and entered into, the obligation is incurred and to be performed, and payment(s) made in the City of Los Angeles.

15. Attorney’s Fees: Purchaser shall pay all costs, expenses, and disbursements, including reasonable attorney’s fees, incurred by the Seller in taking and reselling the goods/services, collecting any sum which may be due and owing to the Seller from the Purchaser hereunder, or in enforcement hereunder, whether or not suit is instituted in respect thereto.

16. Waiver and Remedies: The waiver of either party of any breach, violation, or default by either party under any provision of this Agreement will not operate as a waiver of such provision or any subsequent breach, violation, or default hereunder. The remedies reserved in this Agreement shall be cumulative and in addition to any other remedies provided in law or equity.

17. Severability: If any provision of this Agreement should be held invalid or unenforceable for any reason whatsoever, or to violate any law of the United States or California, this Agreement shall be considered severable as to such provision.

18. Headings: The titles appearing at the beginning of the paragraphs of this Agreement are for convenience only and shall not affect the interpretation of the Agreement.

19. Assignment by Seller: This Agreement may be assigned by Seller to the successor of Seller or any other firm or entity which assumes the obligations of Seller.

20. Binding Nature of Agreement: This Agreement shall bind and inure to the benefit of the successors and assigns of each of the parties hereto.

21. Agreement Liability: All persons executing this Agreement as Purchaser are principals and individually, and jointly and severally, bound each for the whole.

22. Indemnification: Purchaser shall indemnify and hold harmless Seller, its affiliates, their respective directors, officers, employees, agents, subsidiaries, subcontractors, and assignees from and against all claims, damages, and liabilities resulting from the acts or omissions of Purchaser or the failure by Purchaser to perform its obligations hereunder.

23. Notice to Owner: Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice.” Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder, which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.

24. Storage Fees: If any rug remains in Safarian Rug Cleaning’s possession for more than fourteen (14) days after the customer has been notified that the cleaning and/or repair services are complete, the customer will be charged a minimum storage fee of eighty dollars ($80.00) per month, or any portion thereof, until the rug is picked up or delivered. All storage fees must be paid in full before the rug is released.

SAFETY: In order to protect our staff from personal injury, we do not allow them to lift or move anything heavier than 60 pounds.

CONTACT US:
SAFARIAN RUGS
17172 Palmdale Lane, Huntington Beach, CA 92647
TEL: 310-402-4161
EMAIL:[email protected]