1. Scope: the contractor will perform all services chosen, in accordance with the package selected. These services will be provided between November 15 and April 15.
2. Event definition: For the purposes of this Agreement, a Snowfall officially begins when 2 inch or more of snow has accumulated upon the Premises, continues while snow accumulates upon the Premises, and ends only when the continuous accumulation of snow upon the Premises has ceased for a period of 3 hours. A Nuisance Event, which differs from a Snowfall, includes any widespread measurable (0.2 of 1 inch or more) occurrence of the following weather conditions: Snow accumulation under 2 inches, sleet, freezing rain, or flash freezing. Where the Owner and the Contractor cannot agree as to whether or not a Snowfall or Nuisance Event has occurred in any particular circumstance, the records, warnings, and forecasts of Environment Canada for the location nearest the Premises will be utilized to determine event classification.
3. Service definition: Regarding this agreement, the following are key definitions of the service provided
Clearing: Plowing with blade on truck or tractor or using the blower on the tractor
Salt/sand application: ice control applied. Material selected based on choice by owner and/or weather conditions.
4. Package Specification:
4.1 Per Push: if this option is chosen, the owner agrees to clearing on a per push basis. The contractor will perform clearing services on events where the 2" trigger is reached. If snow accumulation exceeds 12 but below 18 inches, 2 passes will be completed and billed at 1.5 times the regular per push rate. A snow event with accumulation of 18 to 24 inches, up to three passes may be completed and billed at double the regular per push rate. This option includes monthly billing.
4.2 Seasonal plowing: If our seasonal package is selected, you will receive unlimited clearings. Depending on the projected end time of the snow event, opening passes will be made, starting with priority customers first. Following opening passes, the contractor will re-do the route clearing the remaining snow.
4.3 Salt/sand application: If this option is chosen, salt and/or sand will be applied to the premise by request or as needed basis (contractor discretion). If salt/sand is refused, then any slips/hits etc. is the liability of the customer (Property owner). In addition, if it is too icy because of salt/sand refusal and the plow can not get up safely, then your property will not be done.
4.4 Seasonal Ice control: If seasonal ice control is selected, you will receive up to 50 salt/sand applications with said package. If the included number of applications is exceeded, salt/sand service will still be provided, but will be billed at the end of the season, at the per application rate. (See above)
4.5 All packages: Regardless of the Owner’s chosen Service Package, in the unlikely event that accumulation of 12 inches or more of snow occurs during any single Snowfall, if any single Snowfall persist for longer than 16 consecutive hours, or if any Snowfall begins within 24 hours following another Snowfall, the Contractor shall perform the Work as quickly as possible, however no time deadlines or performance guarantees can be given. In case of any such an event, the Contractor will monitor widespread weather conditions and act in accordance with the standards and customs of the snow maintenance industry to perform the Work as quickly and safely as possible. Regardless of the Owner's chosen Service Package, the Contractor can make a maximum of three visits per any 48 hour period. Notwithstanding any of the Contractor’s obligations as per this Agreement, the Owner must at all times monitor for and notify the Contractor of any localized adverse, unsafe, dangerous, impassable, slippery, melt and refreeze, or icy conditions arising at the Premises. The Owner agrees to hold the Contractor, its agents, and employees harmless from and against any damages, claims, or losses arising out of the Owner’s failure to monitor the conditions of the Premises or failure to properly and timely alert the Contractor of the need for extra service. In classifying the type of Nuisance Event in any particular circumstance, the Contractor shall monitor the public warnings and forecasts of Environment Canada for the location nearest the Premises and shall apply the meteorological standards and customs of the snow maintenance industry. Additional charges may be applied.
Service specification: The Owner acknowledges that application of Ice Control Product and/or Clearing of snow at the Premises will not and cannot result in completely bare pavement surfaces, and that some residual snow or ice may remain depending on pavement type, weather, and site conditions. Depending on the weather conditions, length and amount of Snowfall, expected number of visits per Snowfall, amount of traffic, and when performing the Work between the hours of 5:00 AM and 7:00 PM, the Contractor reserves the right to make its first visit to Clear, driveway aprons, main plowing throughways and one main entrance only, then return to complete all of the Work as traffic and weather conditions allow. The Owner acknowledges that any vehicles left on the Premises may obstruct the Contractor’s ability to perform the Work. The Contractor will Clear snow up to within 2 feet away from vehicles, structures, items, buildings, etc., and if any such item is blocking access to any Plowing Areas, the Contractor will only be responsible to Clear the accessible portion of the corresponding Areas. The owner is responsible to have vehicles cleared from driveway within 4 hours of the initial pass. If vehicles are not moved, the Contractor is not responsible for clearing around and behind vehicles, and if called back to do so, additional charges may apply. The Owner understands that they must notify the Contractor of any localized adverse, unsafe, dangerous, impassable, slippery, melt and refreeze, or icy conditions arising at the Premises, and that this Agreement does not include monitoring or service for such conditions. Furthermore, this Agreement does not include the Clearing, removal, disposal, relocation, management, or monitoring of any snowbanks or piles created on the Premises, nor does it include the Clearing, removal, disposal, relocation, management, or monitoring of snowbanks or piles created by municipal snow plowing operations in, on, or near the Premises, nor can the Contractor guarantee any placement, location, size, or footprint of any snowbanks created on the Premises. The Owner acknowledges that it is not possible to perform the Work safely when temperature and wind conditions combine to create a wind-chill factor of below -20 degrees Celsius, or if Snowfall accumulation rates are greater than half of one inch per hour. Furthermore, the Owner acknowledges that the Contractor reserves the right to, at any time, in any instance, and at its own sole discretion, stop the Work during such severe conditions so as not to force unsafe conditions upon any of its agents, employees, or vehicles.
Payment terms: Refer to payment schedule above. For those selecting seasonal packages, there are 2 payment options. The first is a seasonal prepay, which comes with a 10% discount if paid in full prior to November 1. The second option is monthly payments. This consists of 5 equal monthly payments, invoiced on the 15th of each month (November to Mar) and due by the 1st of the following month. Payment options for seasonal and monthly packages include cash, cheques, credit card or direct deposits. All payments are to be made within 15 days, unless otherwise documented. If payments are not received within the approved timeframe, 2% monthly late fees will be applied and services halted until the account is in good standing.
Insurance: Throughout the duration of this agreement, the contractor will carry Contractor General Liability, Snow Plow and automobile insurance covering the contractor and his employees and property damage caused by the contractor to the premise. The owner is responsible to provide any additional insurance they require.
Extra service requests: Any additional services requested by the owner, must allow the contractor up to a minimum of 24 hours to perform the service. These services include anything outside of the scope of the package selected. They include, but are not limited to, additional areas cleared, salting or sanding applications, pushing back snowbanks or removing snow from the premise. All extra service requests will be billed individually for seasonal packages and added to the monthly invoice for per push contracts.
Removal of Vehicles: For overnight storms, the Contractor requests that all vehicles be removed from the driveway by 8am. If the vehicle(s) are not removed, then your property will be plowed to the best of the Contractors ability.
Liability: With the contractor not fully in control of ice control applications, liability will be the responsibility of the Owner. The owner will hold the contractor harmless for any claims against the contractor, including any loss, cost expense, damages, injury, judgment or legal fees.
Delays: If the Contractor is delayed or impeded in the performance of any portion of the Work by the presence of any vehicles, structures or items on the Premises which interfere with the Contractor’s ability to perform the Work, or by an act or omission of the Owner, the Contractor shall not be responsible to complete that portion of the Work. Furthermore, if the Contractor is delayed in the performance of any portion of the Work by the application of a Municipal By-Law, or by a stop work order, or by any other circumstance reasonably beyond the Contractor’s control including equipment malfunction, traffic, site or weather conditions, then the time for the performance of that portion of the Work shall be extended until such time as the Contractor is no longer so delayed. The Contractor shall not be responsible for any damages, claims, or losses caused by the failure of the Contractor to perform that portion of the Work during such time that the Contractor was so delayed. If a Snowfall occurs on the 24th, 25th, or 31st of December, or on the 1st of January, the Contractor shall perform the Work as quickly as possible, however no time deadlines or performance guarantees can be given for these dates regardless of the Owner’s chosen Service Package or weather conditions.
Return service calls: If upon inspection of the Premises, the Owner deems any portion of the Work to be incomplete or inadequate, the Contractor shall return to the Premises within 24 hours of notice given by the Owner to complete the Work free of charge. However, if upon arriving at and inspecting the Premises the Contractor deems the Work to be complete up to the terms of this Agreement, the Owner will be charged a repeat service fee. It is the sole responsibility of the Owner to ensure the Contractor has adequate access to the Premises at all times throughout the entire duration of this Agreement, and if access to the Premises is impeded, the Contractor may not be able to complete the Work in its entirety, if at all. In such cases, if a repeat service visit to complete the Work is requested by the Owner, it will be billed at a rate of $125.00/hour with a minimum billable time of 1 hour. Contact via email shall constitute written notice in all cases.
Termination: The Owner reserves the right to terminate this Agreement without penalty for unsatisfactory performance of the Work. The Contractor must first be given 30 days to respond and improve the service issue(s) after written notification from the Owner. If such service issue(s) are not responded to or improved, this Agreement can be terminated within 30 days of the Owner’s written notice of termination, provided that the account is in good-standing and paid up to the date of termination. The Contractor reserves the right to withhold performance of services pursuant to this Agreement in the event that the Owner is delinquent in payment by more than 15 days, and/or to terminate this Agreement with 30 days written notice in the event of the Contractor’s inability or incapacity to provide service, payment delinquency, or breach of contract. The Contractor reserves the right to, at its sole discretion and without notice, withdraw this Agreement if not accepted by the Owner within 15 days of original draft date, or if the Contractor’s service capacity is exceeded prior to the Owner notifying the Contractor of acceptance
WE HAVE READ, UNDERSTOOD AND WILL ABIDE BY THE TERMS AND CONDITIONS
CLIENT
SIGNATURE
DATE
Send your signed copy back via mail or email, or arrange a time to meet with us, we’d be more than happy to do so! Approval will be confirmed within 48 hours for those who mail or email signed copies. If you have any questions or concerns, contact us via phone call or text: (902) 304-5033 or email hodderlandscaping@gmail.com. All emails and phone calls or texts will be replied to promptly.
HODDER LANDSCAPING & PROPERTY SERVICES LTD
2570 HIGHWAY 28, SOUTH BAR. B1N3J2
CELL: (902)304-5033 EMAIL: HODDERLANDSCAPING@GMAIL.COM
WEB: HODDERLANDSCAPING.CA
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