Snow And Ice Terms and conditions

J&L Lawn & Landscape agrees to perform all Snow and Ice Control services in a manner that is safe, professional, and in keeping with the best industry standards and practices. The Client understands that there may be delays in service during an event due to factors such as timing of the snow/ice event, traffic delays, road conditions, snow and ice depth, rate of precipitation, temperature, available employee labor, etc. J&L Lawn & Landscape agrees to perform service as soon as we are able and is practical. The Client understands that zero-tolerance clients, medical centers, and certain businesses can and may take higher priority during an event. The Client understands that snow and ice event forecasting and conditions can change rapidly, and that J&L Lawn & Landscape has the right to determine the best way to perform snow and ice management services based on all available data at the time of service. -Unless otherwise noted, the quoted price includes servicing the walks and entrances. Unused walkways or city sidewalks that are maintained by the city are not included in the scope. -Snow removal will be performed and priced at the accumulation rates stated in the proposal. Any accumulations over 8” (a “blizzard”) will be billed at a prorated rate based on average snow depth and snow type (for example, wet and heavy or dry and light) at the time of service. J&L Lawn & Landscape reserves the right to determine the average snow depth at the time of service. The Client agrees that snow or ice accumulation depths can vary over the region, and that snow drift will be factored into average snow depth on site (if applicable). J&L Lawn & Landscape will make every effort to be accurate with depth measurements. Higher depth snowfalls may be plowed more than once during a single event, and each plowing will be charged at the depth rate at the time of plowing (unless the Client is under contract for a set price for the entire season). -Snow removal services must include ice control services, no exceptions. This does not mean that ice control will always be needed, but that the Contractor may choose to use ice control to mitigate the threat of ice, hard pack and slick/unsafe conditions. -Pre-salting/de-icing application will be performed ahead of a snow event in situations where ground and ambient air temperatures will allow precipitation and snow to freeze and not thaw within a reasonable time frame. Salting/de-icing after a snow plowing service will be assumed unless ground and ambient air temperatures will allow residual snow and ice to melt and evaporate before re-freezing. The client agrees that J&L Lawn & Landscape reserves the right to make such judgement calls during a snow and/or ice event in order to provide the best service and prevent slick or unsafe conditions. If the Client specifically requests a snow or ice control service not to be performed, in writing, J&L Lawn & Landscape shall not be held liable for any resulting snow and ice conditions during or after an event from lack of service. If J&L Lawn & Landscape cannot be allowed to determine how snow and ice events will be handled, it may result in termination of the contract by J&L Lawn & Landscape and all services will be suspended. -The Client agrees to pay the Contractor for all snow and ice management services by the due date of the invoice for such services. If payment for services rendered is past due, the Client understands that services will be temporarily suspended until payment has been made in full and all accounts are current. Any snow or ice control services that are not performed while the Client’s account is past due will be the Client’s responsibility. The Client agrees that if temperatures and wind chill factors combine to temperatures below zero degrees Fahrenheit, J&L Lawn & Landscape reserves the right to suspend services (without penalty) that would subject our employees to these dangerous working conditions that would place our employees to risk of exposure. In such cases, the Client does not hold J&L liable for services that may be left unperformed until temperatures rise and service can be resumed. J&L Lawn & Landscape will not invoice the Client for services that are not performed due to changes in the weather that would prevent services from being performed or not needed. -The Client understands that thaw/re-freeze is a natural occurrence and may at times result in ice formation. In addition, rain that rapidly turns into ice may prevent the application of ice melt in a timely manner due to the risk of it being washed away before it can be effective may result in delays in ice mitigation. The Client agrees that snow and ice management services that are performed during Thanksgiving, December 24th, December 25th, December 31st and January 1st will incur a 50% surcharge on all services performed for events that occur over these dates. ·The Client hereby agrees to indemnify and hold the Contractor harmless for any damage caused to utilities, mailboxes, lampposts, outdoor lighting, driveways, walkways, patios, etc., that are not properly marked or maintained by the client. It is the client’s responsibility to notify J&L Lawn & Landscape of obstructions or other areas of interest and/or concern located on the client’s property, as well as to place snow marker stakes making such areas easily identifiable during a snow event. J&L Lawn & Landscape may attempt to clear snow around obstructions/cars parked in the client’s lot(s) and/or driveway(s), but if this poses the risk of damage to a vehicles or other objects, a safe minimum distance will be maintained. Multiple cars/obstructions parked in the client’s lot(s) and/or driveway(s) may result in delayed or reduced service and/or additional charges. Snow will not be plowed between vehicles that are parked too close together to safely plow between. The client waives J&L Lawn & Landscape of any responsibility for preventable damage caused to the client’s property due to the negligence of the client. The client is responsible for driveway gravel clean up that may be needed from being pushed by the snowplowing. · J&L Lawn & Landscape will exercise reasonable care to avoid any damage to the Client’s property and structures. J&L Lawn & Landscape is not responsible for damage to lawn and landscaping due to the piling of snow or the spreading of de-icing, or damage to turf or landscaping that was not clearly marked with a boundary marker. Unless otherwise noted in the proposal, the Client is responsible to mark the pavement boundaries with reflective boundary stakes that indicate corners, changes in direction, or anything to be avoided. J&L cannot be liable for moving parking bumpers that cannot be seen under deeper snow accumulations. -Any and all damage that may result from snow and ice management services performed by the Contractor must be reported to J&L Lawn & Landscape, in writing, within 48 hours of the service(s) having been performed. If can be reasonably demonstrated that J&L Lawn & Landscape is responsible for the damages that occurred, J&L Lawn & Landscape will perform/coordinate repairs and reserves the right to determine how said repairs will be made in accordance with these terms and conditions. Failure to report damages constitutes a waiver and J&L Lawn & Landscape is released of liability. -The client shall indemnify, defend and hold harmless J&L Lawn & Landscape, its owners, employees and subcontractors from and against any and all claims, damages, industry standard attorney’s fees, costs and expenses which J&L Lawn & Landscape incurs as a result of a claim brought by the client or any third party, arising out of any wrong doing, negligence, and/or breach of contract by the client alleged or otherwise, or any act of God, including but not limited to extraordinary weather conditions, that is related, in any manner whatsoever, to the premises or the client's involvement with the premises or services, including but not limited to slip and fall accidents. -This contract may be terminated upon written notification by either the Client or J&L Lawn & Landscape. The Client agrees to render payment for any services performed up to the time of termination by the due date on any outstanding invoices. The Client acknowledges that past due payments may result in late fees and that any such fees will be due even if services are cancelled or suspended. * Sales tax is applicable unless the client tax exempt or otherwise stated on this proposal.