PAYMENT TERMS

You agree to promptly pay invoices within Fourteen (14) days of receipt. Should a payment become thirty (30) days or more delinquent, accounts that are past due will not be serviced until account is brought up to date.

Returned checks will be subject to a $25.00 administrative fee.

 

ACCUMULATION TOTALS

Customer understands that snow accumulation may vary throughout the area and that accumulation in one part of town is not necessarily indicative of the accumulation at the customer’s particular location. Contractor will receive accumulation totals by city from a predetermined reliable weather service “Weather Works Certified Snow Totals”.

Customer understands that accumulation totals are impossible to predict.  Contractor has sole discretion to determine if service triggers have been met based on real-time weather conditions.  It is possible that the final accumulation totals will be less than your service trigger.  Unless written notification is received at least 24 hours prior to the property being serviced, you will be responsible for all charges.

 

TIMING OF SERVICE

We will make every effort to clear snow before the morning and evening commute. However, timing of the snowfall does not allow us to guarantee that snow clearing will be completed for a specific time.

 

TERMINATION CLAUSE

This contract is cancellable upon written notification by either party. Monies invoiced or due for services rendered are due and payable upon such cancellation.

 

TRANSFER

This Agreement may, upon our approval, which approval shall be in our sole discretion, be transferred to a new owner in the event that you should sell your property prior to the intended expiration date of this Agreement, provided, however, that such new owner assume all of your obligations under this Agreement, such assumption to be in a form satisfactory to us, in our sole discretion.

 

SITE DAMAGE

Contractor will not be held responsible for any damage caused to or caused by property that is not visible to the operator prior to or during time of service, or any scratches or scrapes to the driveway, or any minor damages to the lawn.

Contractor will make every effort to limit gravel being picked up and thrown by the snow blower onto the lawn and surrounding area but cannot guarantee that this will not occur.

Contractor will not be held responsible for damage caused to or areas immediately adjacent to the driveway, resulting from poor or improper construction, maintenance, or other such conditions.

 

SITE CONDITION

Contractor will not be responsible for damage to hard surfaces or vegetation caused in the normal provision of winter services or through the use of salt or other de-icing material. Contractor shall not be held responsible for any property damage or bodily injury arising from poor drainage, the lack of storage space for snow or the failure or refusal of owner to remove snow from the owner’s premises.

Customer understands that snow removal of a particular location may not clear the area to “bare pavement” and that slippery conditions may prevail. Sand and salt treatments do not guarantee non-slip surface. It is the responsibility of the customer to monitor conditions.

Client agrees to indemnify, defend and hold harmless Contractor, and its officers, employees, directors, representatives and agents (each, an “Indemnified Party”), from and against any and all claims, losses, settlements, fines, liabilities, damages, deficiencies, costs or expenses (including interest, penalties and attorney’s fees and disbursements) (“Damages”) suffered, sustained, incurred or required to be paid by any such Indemnified Party due to, based upon, arising out of, in connection with, or otherwise in resect of: (i) the performance of the Services contemplated hereby or otherwise as a result of any acts or omissions by Client, its employees, agents, representatives and clients, (ii) failure by Client to perform its obligations under this Agreement, or (iii) enforcement of this paragraph. 

This paragraph shall survive the termination of this Agreement. During operations and after completion of operations, Client agrees to indemnify and save harmless the Contractor, and its employees, against any and all claims by the Client or third parties, their heirs, executors, administrators, successors, surrogates, or assignees, arising on account of death or injuries to persons or damage to property, arising out of use of, or traveling at, or onto, the Property, whether or not such claim, damage, injury or death results from the negligence of Client, Contractor or others. Client shall defend all suits and claims arising from or incidental to the work under the Agreement, without expense or annoyance to the Contractor or its employees.

 

SNOW STORAGE

Snow will be pushed to designated areas as agreed upon by the contractor and property owner/representative. Excessive accumulation may result in loss of parking spaces and reduced driving areas. Snow relocation within the property, or actual removal from the property is not included in standard snow removal service.

 

INSURANCE

Contractor carries insurance for general liability and property damage along with coverage for all employees through workers compensation insurance.

 

I have read and understand the full contract. I accept the terms of this agreement in its entirety.

Updated: September 2022