Introduction
1. The National Carpet Cleaners
Association is an association formed with the general intention of
establishing minimum standards within the carpet and upholstery
cleaning industry, in accordance with the Constitution of the
Association.
2. The prime object of all members is to
ensure customer satisfaction and the National Carpet Cleaners
Association, by adopting certain standard procedures, intends that
members will maintain an acceptable level of service. Of course, in
normal circumstances, customers should have no cause for complaint
although unfortunately from time to time customers do complain and
accordingly in these circumstances it is important both from the
clients, and the members point of view that such a complaint is
quickly and effectively dealt with.
3. It is also the intention of the
National Carpet Cleaners Association to advise members as far as
possible of new developments, for example in new fibres, methods of
construction, fitting etc. Through the media of printed matter and
practical courses the Association will endeavour to keep members
aware of the changes both in the interest of effective work and
customer satisfaction.
4. Many manufacturers of equipment used
in professional cleaning are members of the National Carpet Cleaners
Association thus ensuring a healthy exchange of dialogue and ideas
to benefit all. Co-Membership of trade bodies develops links between
the NCCA Carpet Manufacturers and Furnishing Retailers leading to
NCCA endorsement of products.
Service and Cost
Customer service and satisfaction is perhaps
the most important aspect of a member's business. A dissatisfied
customer is bad news not only for the particular member in question
but for the Association generally. Accordingly, promises made should
be kept. Good time keeping is essential. Any written communication,
whether a request or a complaint, should be replied to quickly and
fully.
Remember the telephone plays an important
part in everyday life and if for example, you are likely to be
delayed for some reason or other or you cannot keep an appointment,
a telephone call to the client may quickly resolve what might
otherwise become a difficult situation.
It is difficult to maintain a professional, effective service if the
price charged is incorrect. Cost and expenses vary from one part of
the country to another and accordingly the Association does not in
any way seek to impose rigid price controls which may be fair in one
part of the country and totally unfair in another area. In addition,
prices will vary considerably with volume, condition and quality of
items to be cleaned and type of process involved. Not withstanding
the foregoing however, the Association reserves the right to
investigate the price charged by a particular member upon receipt of
a complaint by a customer.
All members are expected to provide a fair
deal for their clients reflected in the phrase "Service With
Integrity".
Liability At Common Law
The Cleaner may be liable for breach of
contract if he fails to carry out the terms of the contract.
Further, the Cleaner may also be liable if he negligently fails to
take reasonable care and / or to exercise reasonable skill when
handling articles entrusted to him. However in general terms, a
Cleaner may not be liable for breach of contract and / or
negligence, where the problem arises from faulty manufacture,
inadequate seaming or fitting or dimensional changes resulting from
these factors, cleaning or damage by customers, prior mis-use,
weakening of fabric due to wear or sunlight, or weak sub-floors etc.
but of course, as the customer is entitled to expect the Cleaner to
possess specialised knowledge it might be that the Cleaner may be
liable for failing to recognise dangers that would not be apparent
to others. In any event the problems identified above are relevant
when the Cleaner is deciding what advice to give to a client and
what method of cleaning to use.
Complaints
1. Complaint Investigation
Complaints may well be received from time to time. Many persons
judge the effectiveness of a business by the way it deals with
complaints. If a complaint is received then it is suggested that the
following procedure be adopted:
(i) The customer’s complaint should be acknowledged immediately.
(ii) Without admission of responsibility the customer should be told
the complaint will be promptly investigated and an answer given as
soon as possible.
(iii) The complaint should then be thoroughly investigated.
(iv) If the complaint is found to be justified, the member will
endeavour to deal with it in the most effective manner possible.
(v) If the customer is dissatisfied with the attention or treatment
received from a member then the customer, or member, may refer the
matter to the National Carpet Cleaner's Association who will use its
best endeavours to resolve the dispute.
Note: Customers may refer complaints to, for example, Trading
Standards Departments of Local Authorities, Consumer Advice Centres
etc. and in such circumstances members are encouraged to co-operate
as far as reasonably possible.
2. Complaint Settlement / Compensation
Members should offer to re-clean or re-process free of charge any
article which has been cleaned or processed unsatisfactorily because
of fault on their part. Further, in the event of loss or damage
which is shown due to the member's negligence, the member agrees to
pay fair compensation. What is fair is a matter which has to be
determined according to the facts of each case. The Cleaner is not
obliged at law to replace a lost or damaged article with a new
article, nor to reimburse the customer the complete cost of buying a
new article. Both parties should take into account the depreciation,
wear and tear which had occurred prior to the loss or damage as this
may affect the articles value in respect of which compensation is
paid.
3. Owners Risk Clauses
Such a Clause would not only be inconsistent with this Code of
Practice but it may also be invalid therefore unenforceable if it is
held to be unreasonable in the context of the Unfair Contract Terms
Act, 1977. Whether a term is reasonable depends on all the
circumstances of the contract. However, if in a particular case, it
is clearly apparent to the member that:
1) damage may be an inevitable
consequence of the cleaning process
2) it appears that because of the type of
carpet to be cleaned shrinkage will almost certainly occur
3) the article to be cleaned is of
exceptional value
4) there are other unusual factors
It would be wise and reasonable for the
member to point this out to the Client and in such circumstances the
member may ask the Client to acknowledge in writing that cleaning is
undertaken in full knowledge of the potential risk involved.
Uncollected Goods
At common Law a Cleaner is a bailee of
articles accepted by him. By the Torts (interference with Goods)
Acts 1977 the Cleaner may sell uncollected goods if the customer has
not taken reasonable steps to trace or communicate with the Cleaner
but has failed to do so.
If the customer can be reached the Cleaner
must, before selling the goods, send a notice to the customer by
registered post or recorded delivery giving the name and address of
the Cleaner, particulars of the goods and the place and address
where they are held, the amount if any which is payable to the
Cleaner in respect of the goods, and the date on which the Cleaner
proposes to sell the goods; this date if any sum is owing to the
Cleaner must not be less than three months after the date of the
notice. If no money is owing to the Cleaner , the Cleaner must
before exercising his power of sale, give the customer a reasonable
opportunity of taking delivery of the goods. What is a "reasonable
opportunity" will be a matter for the court to decide but the
Association would suggest that three months would again be an
appropriate period.
After the sale the Cleaner must pay to the
customer, if he can be traced, the proceeds of sale less any proper
costs of the sale and the amount if any owing to the Cleaner at the
date he gave notice of intention to sell the goods.
IMPORTANT: The Cleaner must not give notice
of intention to sell the goods, or sell the goods, if he is aware
that because of dispute concerning the goods the customer is
questioning or refusing to pay all or any part of what he owes in
respect of the goods.
Consumer Protection
During recent years the field of Consumer
Protection Law has developed quite considerably and in consequence
is now too detailed to offer a general resume herein. Indeed to do
so may well lead to misunderstandings. Nevertheless, so far as
possible one should endeavour to familiarise oneself with consumer
legislation and if a member requires clarification of any particular
point please contact the Care Assist Help line or the Office Manager
who will then contact the Association's Solicitors for advice.
Monitoring the Code
The Association will monitor compliance of
its members with this Code of Practice and discuss with members any
continued breach of any provision. Expulsion is fully provided for
in the Association's Constitution.
Copies of this code of Practice will be
available to the public on request and will be available for
inspection at members' premises.
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