12.1 We are responsible to you for foreseeable loss and damage caused by us
In the unlikely event of damage, please inform us within 48 hours of receipt of your cleaned item from us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 If we cannot agree who is responsible for loss and damage
We will seek an independent analysis by a fabric care research laboratory (for example http://www.satra.co.uk). The fabric care research laboratory shall act as an expert and not as an arbitrator and its written determination shall be final and binding on you and us in the absence of manifest error or fraud. The cost of obtaining the fabric care research laboratory’s analysis shall be borne as the fabric research laboratory directs.
12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
12.4 When we are liable for damage to your items
Any item that you wish to complain about must be returned unworn or unused with the original packaging that the item was collected in; failure to do so will invalidate any potential complaint/claim. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your item that we discover while providing the services. We are not responsible for inherent weaknesses or defects in materials (for example, sun fading on curtains or colour runs below armpits due to deodorant) which may result in tears or the development of small holes or stains in fabric that are not readily apparent prior to processing.
12.5 Maximum liability
Subject to clause 12.2, our liability to you arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation shall be limited to the lesser of:
- 10x the price you have paid for cleaning that item; or
- the depreciated value of the item as determined by the Fair Compensation Guidelines as provided by the Textile Services Association.
12.6 We are not liable for items cleaned at “owners risk”.
The following items shall be cleaned at “owners risk”:
- items with no care label;
- items containing any suede, leather or fur (eg. elbow patches);
- suede and leather garments or accessories (including handbags and shoes);
- belts, buckles, buttons and hoods;
- any item that you have agreed to be handled “at owners risk”; and
- we will not be responsible for colour loss, colour bleeding, shrinkage or damage to weak and tender fabrics.