SilkKnitter
Junior Member
What is the name of your state (only U.S. law)? Lake County OHIO
I am wondering if I did a good job with this contract and if there is anything i should change?
I ______________________ (hereafter known as “customer”) represent the property(s) at the address(s) or described as _______________________________________ __ (hereafter known as “the property.”) agree to pay ************* Landscaping the quoted price for the following services:
Quote for the property located @: _________________________________ _____
“Seasonal” Quote: ________________________________
“Per push” Quote : ________________________________
Salt / Calcium Property - ________ per application for salt (pavement only) ~ Initial _____
________ per application for calcium (pavement only) ~ Initial _____
Shoveling - ________ per hour minim of one (1) hour ~ Initial ______
Initial: ________ Available as needed. Initial: ________ only performed when requested
Snow Management Service Agreement Terms & Conditions:
In this agreement, ************* Landscaping shall be known as the ‘contractor’. The term contractor shall include but not limited to owners, employees, and subcontractors. The owner or agent of the premises shall be known as the customer. In consideration of the mutual covenants and agreements hereafter set forth, the parties agree as follows.
This contracted is quoted for the trigger depth of two (2) inches. Any calls for plows below two (2) inches shall not be covered under this contract and charges will be billed accordingly. All plowings shall be considered Full Plows unless otherwise agreed upon by both parties prior to plowing being done. The quoted rate does not include, sidewalk snow removal (shoveling), salt/calcium or front-end loader services are not a part of the quoted rate, unless specifically stated. However, these services are available at an additional charge. Snow accumulation of nine (9) inches or higher will fall under the Blizzard Clause. This contract is good for a total fifteen (15) plowings. Anything above the fifteen (15) plowings shall then default to a per-push rate. The per-push rate will be clearly marked on the quote.
Blizzard Clause: This clause shall be activated when the forecast or current weather conditions calls or shows large amounts of snowfall within a short period of time. This clause shall remain in effect for the duration of the blizzard plus seventy- two (72) or more hours. Snowfall eight (8) inches will have a rate of ninety dollars ($90) an hour. Any snowfall over twelve (12) inches shall be charged at a rate of one hundred fifty-five dollars ($155) an hour. A minim of one (1) hour will be charged. This clause is here due to time and strain with not only the equipment, but also, the plow operators. During the activation of this clause please be patient, the contractor will be there as fast as the snow allows. This applies to per-push customers as well as seasonal customers.
The contractor will exercise its best judgment based upon weather forecasts and existing conditions at the time. The customer is aware that the weather conditions in the Snow Belt area change rapidly. Changes in weather conditions are considered to be an “Act of God” and the contractor assumes no liability for “Acts of God.”
The contractor shall clearly stake all areas to be plowed. The contractor uses forty-eight (48) inch high visibility orange fiberglass stakes. These stakes do not damage vehicles. In the event the areas staked are erroneous, the customer agrees to defend and hold harmless the contractor for any and all trespasses or damage that may result from the customer’s failure to properly maintain the stakes where the contractor has placed them. In the event the stakes become lost or stolen, the customer shall be charged for the missing stakes. The contractor shall maintain the proper insurances. The contractor shall not be held liable for any prior damages on any turf or the area to be plowed.
The contractor shall not plow or calcium/salt within 3 feet from any parked vehicles, equipment or other obstructions in parking lots, drives or other areas being cleared. Please attempt to move obstructions prior to our services being completed. The contractor is not liable for damage to pavement or other surfaces contracted for plowing of snow. Depressed areas in pavement may accumulate snow that may not be able to be removed as well as snow that has been packed down by vehicle or foot traffic, the contractor is not responsible for these accumulations that cannot be removed but will do our best to remove them.
Reports of damage from plowing, salting, and/or calcium must be reported to the contractor within twenty-four (24) hours. Failure to report damages constitutes a waiver and the contractor is released from any and all liability.
Removal of snow piles is available through ************* Landscaping at an additional charge. A separate quote shall be provided if requested.
Customer understands and accepts that service of particular locations may not clear the area to ‘bare pavement’. Slippery conditions may continue to prevail even after service. The contractor is not responsible nor will be held liable for any accidents. Customer agrees to defend and hold harmless the contractor for any and all trespasses or suites that may arise as a result of such conditions. The contractor shall not be held liable for any city plow truck pushing snow into the customer’s driveway or apron. The customer understands that contractor will consider cleaning up after the city as a special plowing. The customer shall be charged as such. If a different contractor other ************* Landscaping, performs service to your property you will still be charges accordingly. Unless the contractor has prior 30 day written notice.
Customer understands that sidewalk crews may not work safely in temperature and wind conditions combine to make wind chill factors below zero (0) degrees Fahrenheit. Customer agrees and understands that the contractor reserves the right to stop working in these severe conditions without penalty as not to force unsafe conditions upon our employees.
Any invoice or scheduled payment over seven (7) days past due will be subject to a late fee of 15%. A service charge of fifty dollars ($50.00) will be charged for any returned check. The contractor reserves the right not to service any accounts that are past due until the account is brought up-to-date. The customer understands and accepts that non-payment of services can and will result in legal action that the customer will pay for in full, including but not limited to; attorney fees, all court costs, late fees, all services rendered and lost time. This contract is cancelable upon a sixty day written notification by customer. Monies invoiced or due for services rendered are to be paid upon such cancellation.
Customers who harass the contractor shall be issued one verbal warning. Should harassment continue, ************* Landscaping reserves the right to terminate this contract. The contractor shall not be held liable for the duration of the contract. The customer forfeits all rights to monies paid and any outstanding monies owed shall be due within seven (7) days. Harassment includes, but is not limited to: calling repeatedly to inquire as to the schedule of services, delaying the plow operator without sufficient cause, and threatening the contractor and/or its employees. The contractor will not tolerate harassment. If harassment continues after termination, any applicable charges will be filed with the police. The customer understands that they (the customer) shall be liable for all (if any) court costs and the contractor’s attorney fees that might arise from such harassment.
************* Landscaping reserves the right to revise contract. Only the contractor can make changes to the contract. Any changes on the contract will result in a charged of one-hundred dollars ($100)
Customers that have signed up with any city or state program please refer back to the city or state’s contract. Please note the trigger depth and hours to be plowed. The contractor shall follow the city or states contract.
This agreement is for the winter months, beginning on November 1st 2008 12:00 AM and continued until March 31st 2009, 11:59PM.
I have read and understand this document and agree to abide by the terms listed and hereby enter into contract with ************* Landscaping.
Signature: _________________________________ ______________ Date: _____________________________
Print:___________________________ _________________________
Special Note: _________________________________ ______________________________
Additional Comments:
1.Customer will be out of town and wants snow plowed at end of storm. Plowing prices represent snow depth in driveway as determined by Contractor at the time of plowing.
2.Customer or their representative will contact ************* Landscaping to request De-icing when needed. De-icing agent will only be applied when requested.
3.Customers billing address is:
_________________________________ _________________________________ ___________
_________________________________ _________________________________ ___________
_________________________________ _________________________________ ___________
_________________________________ _________________________________ ___________
I am wondering if I did a good job with this contract and if there is anything i should change?
I ______________________ (hereafter known as “customer”) represent the property(s) at the address(s) or described as _______________________________________ __ (hereafter known as “the property.”) agree to pay ************* Landscaping the quoted price for the following services:
Quote for the property located @: _________________________________ _____
“Seasonal” Quote: ________________________________
“Per push” Quote : ________________________________
Salt / Calcium Property - ________ per application for salt (pavement only) ~ Initial _____
________ per application for calcium (pavement only) ~ Initial _____
Shoveling - ________ per hour minim of one (1) hour ~ Initial ______
Initial: ________ Available as needed. Initial: ________ only performed when requested
Snow Management Service Agreement Terms & Conditions:
In this agreement, ************* Landscaping shall be known as the ‘contractor’. The term contractor shall include but not limited to owners, employees, and subcontractors. The owner or agent of the premises shall be known as the customer. In consideration of the mutual covenants and agreements hereafter set forth, the parties agree as follows.
This contracted is quoted for the trigger depth of two (2) inches. Any calls for plows below two (2) inches shall not be covered under this contract and charges will be billed accordingly. All plowings shall be considered Full Plows unless otherwise agreed upon by both parties prior to plowing being done. The quoted rate does not include, sidewalk snow removal (shoveling), salt/calcium or front-end loader services are not a part of the quoted rate, unless specifically stated. However, these services are available at an additional charge. Snow accumulation of nine (9) inches or higher will fall under the Blizzard Clause. This contract is good for a total fifteen (15) plowings. Anything above the fifteen (15) plowings shall then default to a per-push rate. The per-push rate will be clearly marked on the quote.
Blizzard Clause: This clause shall be activated when the forecast or current weather conditions calls or shows large amounts of snowfall within a short period of time. This clause shall remain in effect for the duration of the blizzard plus seventy- two (72) or more hours. Snowfall eight (8) inches will have a rate of ninety dollars ($90) an hour. Any snowfall over twelve (12) inches shall be charged at a rate of one hundred fifty-five dollars ($155) an hour. A minim of one (1) hour will be charged. This clause is here due to time and strain with not only the equipment, but also, the plow operators. During the activation of this clause please be patient, the contractor will be there as fast as the snow allows. This applies to per-push customers as well as seasonal customers.
The contractor will exercise its best judgment based upon weather forecasts and existing conditions at the time. The customer is aware that the weather conditions in the Snow Belt area change rapidly. Changes in weather conditions are considered to be an “Act of God” and the contractor assumes no liability for “Acts of God.”
The contractor shall clearly stake all areas to be plowed. The contractor uses forty-eight (48) inch high visibility orange fiberglass stakes. These stakes do not damage vehicles. In the event the areas staked are erroneous, the customer agrees to defend and hold harmless the contractor for any and all trespasses or damage that may result from the customer’s failure to properly maintain the stakes where the contractor has placed them. In the event the stakes become lost or stolen, the customer shall be charged for the missing stakes. The contractor shall maintain the proper insurances. The contractor shall not be held liable for any prior damages on any turf or the area to be plowed.
The contractor shall not plow or calcium/salt within 3 feet from any parked vehicles, equipment or other obstructions in parking lots, drives or other areas being cleared. Please attempt to move obstructions prior to our services being completed. The contractor is not liable for damage to pavement or other surfaces contracted for plowing of snow. Depressed areas in pavement may accumulate snow that may not be able to be removed as well as snow that has been packed down by vehicle or foot traffic, the contractor is not responsible for these accumulations that cannot be removed but will do our best to remove them.
Reports of damage from plowing, salting, and/or calcium must be reported to the contractor within twenty-four (24) hours. Failure to report damages constitutes a waiver and the contractor is released from any and all liability.
Removal of snow piles is available through ************* Landscaping at an additional charge. A separate quote shall be provided if requested.
Customer understands and accepts that service of particular locations may not clear the area to ‘bare pavement’. Slippery conditions may continue to prevail even after service. The contractor is not responsible nor will be held liable for any accidents. Customer agrees to defend and hold harmless the contractor for any and all trespasses or suites that may arise as a result of such conditions. The contractor shall not be held liable for any city plow truck pushing snow into the customer’s driveway or apron. The customer understands that contractor will consider cleaning up after the city as a special plowing. The customer shall be charged as such. If a different contractor other ************* Landscaping, performs service to your property you will still be charges accordingly. Unless the contractor has prior 30 day written notice.
Customer understands that sidewalk crews may not work safely in temperature and wind conditions combine to make wind chill factors below zero (0) degrees Fahrenheit. Customer agrees and understands that the contractor reserves the right to stop working in these severe conditions without penalty as not to force unsafe conditions upon our employees.
Any invoice or scheduled payment over seven (7) days past due will be subject to a late fee of 15%. A service charge of fifty dollars ($50.00) will be charged for any returned check. The contractor reserves the right not to service any accounts that are past due until the account is brought up-to-date. The customer understands and accepts that non-payment of services can and will result in legal action that the customer will pay for in full, including but not limited to; attorney fees, all court costs, late fees, all services rendered and lost time. This contract is cancelable upon a sixty day written notification by customer. Monies invoiced or due for services rendered are to be paid upon such cancellation.
Customers who harass the contractor shall be issued one verbal warning. Should harassment continue, ************* Landscaping reserves the right to terminate this contract. The contractor shall not be held liable for the duration of the contract. The customer forfeits all rights to monies paid and any outstanding monies owed shall be due within seven (7) days. Harassment includes, but is not limited to: calling repeatedly to inquire as to the schedule of services, delaying the plow operator without sufficient cause, and threatening the contractor and/or its employees. The contractor will not tolerate harassment. If harassment continues after termination, any applicable charges will be filed with the police. The customer understands that they (the customer) shall be liable for all (if any) court costs and the contractor’s attorney fees that might arise from such harassment.
************* Landscaping reserves the right to revise contract. Only the contractor can make changes to the contract. Any changes on the contract will result in a charged of one-hundred dollars ($100)
Customers that have signed up with any city or state program please refer back to the city or state’s contract. Please note the trigger depth and hours to be plowed. The contractor shall follow the city or states contract.
This agreement is for the winter months, beginning on November 1st 2008 12:00 AM and continued until March 31st 2009, 11:59PM.
I have read and understand this document and agree to abide by the terms listed and hereby enter into contract with ************* Landscaping.
Signature: _________________________________ ______________ Date: _____________________________
Print:___________________________ _________________________
Special Note: _________________________________ ______________________________
Additional Comments:
1.Customer will be out of town and wants snow plowed at end of storm. Plowing prices represent snow depth in driveway as determined by Contractor at the time of plowing.
2.Customer or their representative will contact ************* Landscaping to request De-icing when needed. De-icing agent will only be applied when requested.
3.Customers billing address is:
_________________________________ _________________________________ ___________
_________________________________ _________________________________ ___________
_________________________________ _________________________________ ___________
_________________________________ _________________________________ ___________
