Terms & Conditions

Authorization to Start Work

These Terms and Conditions are incorporated into and made part of Monarch Cleaning Solutions’ (“Contractor”) work order authorization signed by the Customer (the “Contract”). Any Invoice issued thereafter reflects the charges for the work authorized under the Contract. The Customer agrees to pay for all services rendered and materials supplied as described in the Contract or Invoice. The Customer agrees to pay for all services rendered and materials supplies as detailed in the Contract or Invoice.

Customer note The estimate provided is an approximation of the anticipated costs. It is not a guaranteed fixed price unless expressly stated in writing. Work beyond the scope of the original estimate shall not be performed without Customer’s prior consent and will be reflected in the final Invoice.

1. Warranty

Company warrants that the services performed under this Agreement shall be completed in a professional and workmanlike manner consistent with generally accepted industry standards for carpet cleaning and restoration services. This limited warranty applies only to defects in workmanship and does not guarantee complete removal of stains, odors, molds spores, contaminants; restoration of materials to their original or pre-loss condition or prevention of future mold growth, microbial activity, staining, or odor recurrence due to use, wear and tear, pre-existing conditions, hidden moisture, structural deficiencies, environmental factors, or failure of the Customer or third-party to maintain proper environmental conditions, including but not limited to adequate humidity control, ventilation, or timely repairs. The foregoing list of exclusions is intended to be illustrative and not exhaustive. Other conditions not expressly listed herein may also fall outside the scope of this limited warranty.

1. Customer must provide written notice of any alleged defect in workmanship within ten (10) days after completion of services. Company shall be given a reasonable opportunity to inspect the condition and, at its sole option, to re-perform the defective portion of the services. Company’s sole obligation and Customer’s exclusive remedy under this warranty shall be the re-performance of the defective services. Under no circumstances shall Company be liable for indirect, incidental, special, exemplary, or consequential damages, including but not limited to loss of use, loss of profits, diminution in property value, or personal injury.
2. This warranty is void if the treated area is altered, repaired, or cleaned by others; the Customer fails to follow Company’s post-service instructions; environmental conditions or events interfere with the treated area; or the property has a pre-existing contamination, hidden defect, or structural defect not disclosed prior to service.

2. Limitation of Scope

Contractor is responsible only for the work explicitly listed in the Contract. No additional services, guarantees, or inspections shall be implied or performed unless agreed to by Customer and shown in the final Invoice. Customer acknowledges that the scope of work (“SOW”) is based on information available at the time of inspection or estimate. Should conditions arise during the course of the work that require additional services, modifications, or corrective measures not originally anticipated—including but not limited to code compliance, concealed damage, or structural issues—Contractor shall notify Customer and obtain consent prior to proceeding. Any delays caused by waiting for such consent shall not be considered a breach of contract by Contractor.

3. Limitations of Liability

Customer understands and agrees that Contractor shall not be liable for 1) pre-existing damage or permanent staining; 2) any environmental conditions or events that interfere with the treated area; or 3) the property has a pre-existing contamination, hidden defect, or structural defect not disclosed prior to service. Customer further understands and agrees that Contractor shall not be liable for any incidental or consequential damages which result from materials supplied or services rendered.

4. Warranty of Ownership

Customer does hereby represent and warrant that he or she is the owner or the authorized agent of the owner of the real property at which Contractor will commence work.

5. Force Majeure

Contractor shall not be liable under the provisions of this Contract for damages on account of strikes, lockouts, accidents, fires, delays in manufacturing, delays of carriers, acts of God, governmental actions, state of war, or any other cause beyond the control of the manufacturer whether or not similar to those enumerated.

6. Unforeseen Circumstances

Customer acknowledges that restoration and remediation work may expose or reveal concealed or unknown conditions not visible at the time of inspection or estimate. If Company encounters unforeseen circumstances, including but not limited to hidden moisture, concealed mold growth, structural instability, hazardous materials, plumbing or electrical defects, code violations, or additional contamination not previously identified, Company may suspend work until such conditions are evaluated. Customer authorizes Contractor to perform necessary emergency services to prevent further damage and agrees that the Contractor is not responsible for aesthetic outcomes where structural compromise existed prior to service. Any additional labor, materials, testing, containment, demolition, or specialized remediation required as a result of such unforeseen conditions shall constitute additional work and shall be subject to additional charges as shown on the Invoice. Company shall not be responsible for delays, increased costs, or incomplete restoration resulting from such conditions beyond its reasonable control. Discovery of unforeseen conditions may also result in revised project timelines or scope of work, which shall not constitute a breach of contract.

7. Mold Release

Contractor makes no representation or warranty, express, implied, or otherwise regarding mold, fungi, rust, corrosion or other bacteria or organisms. Contractor shall have no duty or responsibility or liability all of which is expressly waived by you for losses, fines, penalties, testing, analysis, monitoring, cleaning, removal, disposal, abatement, decontamination, remediation, repair, replacement, relocation, loss of use of building, or building equipment and systems, or personal injury, sickness or disease associated with mold, fungi, rust, corrosion or other bacteria or organisms. Any implied warranty of workmanlike construction, implied warranty of habitability or an implied warranty of fitness for a particular use hereby waived and disclaimed.

8. Mechanic’s Lien Notice

In Missouri

NOTICE TO OWNER/CUSTOMER
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.

In Kansas

NOTICE TO OWNER: Monarch Cleaning Solutions is a supplier or subcontractor providing materials or labor at your provided address under an agreement with you. Kansas law will allow this supplier or subcontractor to file a lien against your property for materials or labor not paid for by your contractor unless you have a waiver of lien signed by this supplier or subcontractor. If you receive a notice of filing of a lien statement by this supplier or subcontractor, you may withhold from your contractor the amount claimed until the dispute is settled.

9. Access to Work Area

Customer agrees to provide Contractor and its representatives reasonable access to the property during normal business hours to perform the work or at other mutually agreed upon times. Any delays caused by lack of access, obstructions, or unprepared work areas may result in additional charges or rescheduling at Contractor’s discretion.

10. Right to Terminate Work

Contractor reserves the right to cease work and terminate this Contract if Customer fails to make payments, interferes with the performance of work, fails to provide access, or otherwise breaches this Contract. In such cases, Customer remains liable for work performed and any associated costs to date. In the event that Customer terminates this Contract and Contractor has already ordered materials or begun the work, or a dispute arises between Contractor AND Customer (in which case Contractor may immediately terminate the work described herein), Customer shall pay the greater of (a) the cost of all work performed, including the cost of labor and supplies up to the date of termination, or (b) fifteen percent (15%) of the project’s quoted price.

11. Effects of Termination or Expiration

Upon expiration or termination of this Contract for any reason and subject to Section 11 (“Right to Terminate Work”) and Section 17 (“Right of Cancellation”), Contractor shall (i) promptly deliver to Customer all services for which Customer has paid or return payment for services not completed, (ii) promptly remove any Contractor Equipment located at Customer’s premises, and (iii) provide reasonable cooperation and assistance to Customer upon Customer’s written request and at Customer’s expense in transitioning the services to a different Contractor.

12. Payment for Completed Work

Customer understands and agrees that final payment is due immediately upon completion of work unless otherwise stated in writing. The total amount shown on this Contract or Invoice reflects the full amount due and payable to Contractor for the work performed once completed. A deposit may be required prior to commencement of work, as outlined in the estimate. Unpaid balances not received within ten (10) days of project completion will be subject to the late fees and interest described herein.

Customer agrees that if any form of payment is returned or rejected (including insufficient funds or payment disputes), they remain fully responsible for the original amount, plus any applicable bank fees and processing charges. Past due balances shall accrue interest at the rate of 2% per month (or the maximum allowed by law), with a minimum late fee of $30.00. In the event that collection efforts are required, Customer agrees to pay all reasonable attorney’s fees, court costs, and collection expenses incurred by Contractor.

13. Dissatisfied Customer

If Customer is dissatisfied with any portion of the work, they agree to contact Contractor directly before posting any public reviews or comments online, including on websites, forums, or social media platforms. Customer agrees to allow Contractor a reasonable opportunity to resolve the concern. Any public review or comment that omits key facts or misrepresents the interaction may be considered defamatory or misleading. In such cases, Customer agrees to promptly remove the post upon request and acknowledges that failure to do so may result in legal action by Contractor.

14. Contract Changes

During service projects the Contractor may discover additional problems that are unforeseen or Customer may, from time to time, initiate changes to the contract. Any changes or consent to changes in the contract shall be implied if described on the Invoice once the work is completed.

15. Emergency Services

For purposes of this Agreement, “Emergency Services” shall mean services requested or required in response to conditions that pose an immediate risk of property damage, structural deterioration, health hazards, or safety concerns, including but not limited to active water intrusion, flooding, sewage backup, fire or smoke damage, or visible microbial growth. Due to the urgent nature of such work and the immediate allocation of labor, equipment, and materials, Customer hereby acknowledges that Emergency Services are non-cancellable once scheduled or commenced. Customer shall remain fully responsible for payment of the total contract amount for all Emergency Services performed, and the full balance shall be due immediately upon completion of the work.

16. Cancellation and Rescheduling

Customer acknowledges that any deposit paid to secure scheduling of services is non-refundable except as expressly provided herein. Customer may cancel a scheduled service without forfeiting the deposit only if Customer reschedules the service within forty-eight (48) hours of the cancellation notice. The rescheduled service must occur within a commercially reasonable time frame mutually agreed upon by the parties. If Customer cancels and does not reschedule within forty-eight (48) hours of cancellation, or fails to appear for the scheduled service, the deposit shall be forfeited to compensate Company for administrative costs, scheduling commitments, and lost business opportunities, and not as a penalty.

17. Digital Acknowledgment

Customer acknowledges that acceptance of an estimate, invoice, or Contract via electronic means (email, text, or signature platform) shall constitute a valid and binding agreement, the same as a handwritten signature.

18. Assignment

Contractor may assign, transfer, or delegate any or all of its rights or obligations under this Contract, provided, that, Customer receives prior written notice. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

19. Resolution of Disputes

In the event of a dispute, Contractor and Customer agree to first reasonably attempt to negotiate in good faith to resolve the dispute without court intervention. If legal action is required, Customer agrees that all disputes under this Contract shall be litigated in the state courts in the county in which the work is performed. Customer further agrees that the Law of the State in which the work is performed shall apply to all disputes between the parties hereto.

20. Attorney’s Fees

It is hereby agreed between the parties hereto that the prevailing party in any action instituted to enforce the terms of this Contract, shall be entitled to recover its reasonable attorney fees and costs.

21. Entire Contract

This Contract replaces and supersedes any and all previous agreements, written or oral, with respect to the work to be performed by Contractor. Should any one or more of the Contract provisions be determined illegals and/or unenforceable, all remaining provisions shall nevertheless remain effective.