Terms & Conditions (Services)
LEATHER HERO SERVICE TERMS AND CONDITIONS
Thank you for your interest in Leather Hero services. These terms and conditions constitute the complete service agreement between you and Leather Hero of PO Box 401 Mona Vale NSW 1660 Australia for the provision of services by Leather Hero. You must read these Terms and Conditioner prior to engaging Leather Hero’s services.
Use of our services constitutes your acceptance of these terms and conditions.
For the purposes of this agreement
‘leather’ refers to all forms, grades, types and variants of cowhide leather or manufactured hybrid, synthetic leather and vinyl.
‘leather goods’ refers to items made from leather, vinyl, fabric and other materials such as but not limited to handbags, footwear, luggage, books, cases, apparel and millinery.
‘upholstery’ refers to all forms of furniture and seating coverings, including but not limited to leathers, vinyls, microfibres and fabrics, that may be used on boats, in cars, on motorcycles and on furniture.
‘services’ includes upholstery and leather goods cleaning, repair and restoration activities including, but not limited to, cleaning, repairing, restoring, recolouring, conditioning, protecting and artwork.
‘you’ refers to the customer.
3. Leather Hero Services
a. Subject to the terms of this agreement, Leather Hero will provide the agreed services to you at an address specified by you and at a mutually agreed date and time;
b. Leather Hero endeavours to provide the service faithfully, diligently, carefully and in a timely and professional manner;
d. Leather Hero makes no guarantees in regard to the aesthetics, results or permanency of any service. You agree that the results of any services provided may vary depending on a number of factors (including time elapsed since last serviced, the condition of the leather, upholstery or leather good(s) and the nature of services required), and that Leather Hero gives no guarantee as to the actual results of the service;
e. Leather Hero is entitled to assess the health and safety risk at the premises prior to work commencement;
f. At any stage, Leather Hero may elect to not provide or cease the provision of the service when Leather Hero deems a risk to health and safety;
g. Leather Hero reserves the right not to accept a booking for any reason.
4. Customer Representations and Warranties
You represent and warrant that:
a. you will provide accurate descriptions and information to describe the size, condition, type and age of the upholstery and/or leather goods when seeking a quote from Leather Hero;
b. you are authorised to use the premises and obtain the provision of service;
c. you will advise Leather Hero prior to the commencement of the service of any hazards or dangers at the premises;
d. you will provide Leather Hero with on-site or convenient vehicular access to the premises for Leather Hero to perform the service;
e. you will provide safe access to and a safe working environment free from an electrical or structural hazard at the premises for Leather Hero to perform the service;
f. Leather Hero will have unencumbered and unobstructed access to those areas of the premises requiring the service;
g. you will provide access to all services and utilities (including water, electricity, and rubbish bins) as required by Leather Hero to provide the service;
h. you will secure or remove any delicate, breakable, fragile or valuable items, including cash, jewellery, floor rugs, works of art, antiques, or items of sentimental value prior to the commencement of the service;
i. for your safety and to prevent accidents that may damage property or cause injuries such as but not limited to atrip, slip, burn or chemical accidents you, your guests, residents and contractors will avoid accessing areas in use by Leather Hero whilst the service is being performed;
j. you agree to keep children or dependents away from any equipment being used to perform the service;
k. in readiness for the provision of services you agree to prepare the upholstery or leather good(s) so that it is free of accessories, personal items, food, pet or human hair or any other encumbrance that could obstruct work or compromise the quality of the results;
l. you agree that any limitations relating to the age, type and condition of the upholstery or leather good(s) will impact results and that some conditions may not be repaired or completely restored.
m. you agree that aged and damaged leather and upholstery may be inherently and irreversibly compromised at a structural level and Leather Hero’s service will not make the leather or upholstery new;
n. you agree that repair services performed by Leather Hero may change the appearance and texture of the upholstery and leather good(s) and, in some instances, may increase the size of the affected area;
o. you agree that purpose of repairing is to attempt to make the best of damaged materials thereby improving the overall look and longevity of the leather, upholstery or leather goods. Where repairs are deemed unsuccessful, Leather Hero has no liability to replace any leather, upholstery or leather goods, either in part or completely.
p.you agree that repaired areas benefit from careful handling, that restored coatings will wear at a rate commensurate to the amount and type of use and are best restored on a 1 to 2 yearly basis (or more frequently when wear and tear are heavier than average).
a. Any price quoted by Leather Hero is an estimate only based on Leather Hero's experience, without inspection, and based on information (descriptions, photographs, measurements) provided by you;
b. Unseen quotes provided by Leather Hero will be in good faith;
c. Quotes assume one visit to the premises. If you decide to segment the quoted service such that Leather Hero is required to attend the premises on more than one occasion, additional fees will apply;
d. Quotes are valid for a period of 30 days from the date of the quote;
e. If the actual work to be performed is different to what has been quoted for, the price will vary accordingly;
f. Leather Hero may requote after inspection if the furniture is oversized (greater than 600mm x 600mm seat cushions), more detailed (two-tone, contrast piping), or the task is larger than anticipated due to any omission or misinformation or if the condition of the upholstery or leather good(s) is deemed to be different from the information provided by you;
g. When the scope of work changes, every effort will be made to complete all requested work at the initial visit if time permits. If not, Leather Hero will attend the premises at another mutually agreed time to complete any remaining tasks;
h. Leather Hero will confirm the price or price range with you before work commences.
5. Cancellation Fees and Other Charges
a. Service booked for weekends, after hours and public holidays may incur surcharges;
b. You must provide unencumbered access to the premises for Leather Hero to provide the service. A lock-out fee of $150 will apply for administrative and travel costs when such access is not provided;
c. You must telephone or text message Leather Hero 24 hours prior to the service time, if you wish to postpone or cancel the service for any reason. A cancellation fee of $150.00 will apply for administrative costs and loss to appointment changes made less than 24 hours prior to the service time.
6. Payment Terms
a. You agree to pay Leather Hero in full at the time of service or within 7 days of the invoice date;
b. If no payment has been made by the 7th day after the invoice date, Leather Hero will use reasonable endeavours to contact you for payment;
c. Payments may be made in cash or via bank deposit or bank transfer. By agreement, Leather Hero may accept credit card payment. Bank credit card fees will be payable by you.
Unless specified otherwise, all prices and quotations are expressed to be GST inclusive.
8. Late Payment
a. You agree to pay a $25 late payment fee for any outstanding invoice that is one calendar month past the original invoice date. Thereafter a fixed rate of 10% per annum will be payable on each day that the account remains outstanding;
b. Leather Hero reserves the right to pass the debt on to a collection agency and credit reporting agencies at any stage.
9. Warranty Claims
a. Leather Hero strives to achieve 100% customer satisfaction and will endeavour to resolve problems quickly and efficiently. If you are dissatisfied for any reason with the service provided, you must inform Leather Hero within 24 hours of completion of the service;
b. In the event of a complaint, you agree to give Leather Hero the opportunity to rectify all work. Subject to clause 10 and the provisions of The Australian Consumer Law, Leather Hero may, at its discretion, offer you one of the following remedies:
- i. a partial or full refund;
ii. re-supply of the service without charge;
iii. such other remedy as deemed appropriate by Leather Hero.
If you wish to make a claim, contact us by one of the following
P: 0490 796 012
M: Leather Hero, PO Box 401, Mona Vale, NSW, 1660
15. Exclusions and Limitations
a. The only conditions and warranties which are binding on Leather Hero in respect of the state, quality or condition of goods and services supplied by Leather Hero to you are those imposed and required to be binding by statute (including the ACL);
b. Except to the extent provided in this clause, Leather Hero has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by Leather Hero (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency of any kind or in the products used or services provided by Leather Hero); and all conditions and warranties implied by law in respect of the quality or condition of the service which may apart from this clause be binding on Leather Hero are excluded;
c. To the extent permitted by statute, the liability, if any, of Leather Hero is, at Leather Hero’s option, limited to and completely discharged by the resupply of the service. Leather Hero is not responsible for:
1. not providing or completing the service as a result of a breach of a warranty by you including a failure by you to provide utility services, a safe working environment or unencumbered access to the premises; or
2. not proceeding for health and safety reasons;
3. an act or omission of yours or any other person at the premises during provision of the service;
4. any loss or damage incurred by you or any third party as a result of events beyond the reasonable control of Leather Hero;
5. any breakage or damage to goods, items of value or the premises; or the cost of any key replacement or locksmith fees unless keys were lost by Leather Hero.
6. damage caused by, or arising from, an inherent defect in or the manufacturing of the furniture, leather or upholstery;
7. wear and tear, including fading, colour wear, cracking, peeling, delamination and soiling from human or animal bodily fluids, accumulated perspiration, body or hair oils resulting in stains and an odour being impregnated in, or emanating from, the leather;
8. accidents, mishaps, mishandling, abuse, neglect, or a malicious or deliberate act, whether by human, animal or other agents;
9. your negligence or from unsuitable cleaning or treatment of the upholstery
10. the application of inappropriate chemicals, perfumes, detergents, softeners, treatments, corrosive materials, such as acids, solvents, dyes, inks, paints
11. direct exposure to sunlight and/or heat sources with resulting discolouration
12. dye transfer from furniture accessories and rugs;
13. repairs made by other technicians;
14. any failure to allow suitable curing times before using restored leather or upholstery, noting that new coatings require, on average 48 hours to semi-cure and 14 days to fully cure;
15. any ingestion of Leather Hero products by you, any third party or pets;
16. wear, damage or stains, whether apparent or not apparent upon visual inspection of the job that cannot be completely cleaned, removed, repaired or restored; and become more visible once dirt has been removed;
17. colour matched coating restorations where the leather, upholstery or leather goods display several different shades. Worn and faded leather and upholstery displaying more than one colour will be matched using the original or dominant shade.
You indemnify Leather Hero against:
a. all and any losses or liabilities arising directly or indirectly as a result of the provision of the service including all losses or liabilities caused as a result of a breach of the warranties by you; and
b. all and any legal costs and other expenses incurred by Leather Hero in connection with a demand, action, arbitration or any other proceeding;
c. all and any legal costs and other expenses incurred by Leather Hero in connection with a demand, action, or other proceeding arising out of a breach of these terms including the failure by you to pay an amount by the due date.
12. Accidents, Breakage, Damage & Loss
a. To the extent permitted by law, you are not entitled to claim any loss for any incident where an accident, loss, breakage or damage to property has occurred due to any act of Leather Hero unless that incident is reported to Leather Hero within 24 hours of completion of the service;
b. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Leather Hero under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
13. Changes to this Agreement
a. Leather Hero reserves the right to update or modify these terms and conditions at any time without prior notice and may do so by publishing an updated agreement on the Leather Hero website. Each updated agreement will take effect 24 hours after it has been published on the website;
b. You agree that any use of the service following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.
You agree that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.
22. Intellectual Property
The content of this agreement is protected by international copyright laws. You may not copy, reproduce, alter, publish and/or otherwise distribute this content without the written permission of Leather Hero.
20. Law & Jurisdiction
This agreement shall be construed and interpreted in accordance with the laws of New South Wales. In the event of any dispute, you and Leather Hero agree to submit to the exclusive jurisdiction of the courts of New South Wales.