7979 Westfield Blvd.
Phone: (317) 441-7041
Snow Plowing Contract 2018/2019 Season
Upon the following terms:
1. Scope of Snow Plowing: C.F.R. Services will plow when trigger depth of snow has accumulated. This is measured by the contractor at the pavement, or by NWS official recordings not to include drifts. This contract is a per inch and not per plow or call unless otherwise noted. The contractor has the right to either charge by the inch or trip depending on depth of snow. Depending on the time of the snowfall, we attempt to service Commercial Customers by 7:00 AM or 5:00 PM. often times roadway snowplows fill driveway aprons with excess snow after drives have been cleared. If this causes a hazard or inconvenience, kindly contact us and we will attempt to clear this within a reasonable time frame.
2. Scope of De-icing or Pretreating: De-icing materials of the Contractor’s choice will be applied to driveway/ parking lot, walkway, stairway and handicap access ramp areas at the discretion of the Contractor. The decision as to when and how much material is to be applied is based on many factors including but not limited to: current ground temperature, current weather forecasts from the national weather service and future weather prediction. Customer is aware that weather conditions in the area may change rapidly and without notice. Changes in weather conditions are considered to be an “Act of God” and the contractor assumes no liability as such.
3. Turf Repair. In the event that the contractor damages any turf by snow plowing, the contractor will re-seed the damaged turf in the spring season during the snow and ice maintenance program season in which the turf damage occurred. All edges must be properly marked by snow poles of at least 4 feet tall 6” from edge.
4. Property Damage. The owner will report, in writing or email, any property damage caused by the contractor within 48 hours. The contractor will repair any timely and properly reported property damage in the spring season during the snow and ice management program season in which the property damage occurred. Not withstanding anything herein to the contrary, the contractor will have no obligation, and the owner waives any damages for any property damage not timely and properly reported.
5. Limitation of Liability: The contractor will exercise reasonable care to avoid damage to pavement, curbs, trees and shrubs. However, the contractor is not responsible for any: A) damage to landscaping caused by the piling of snow. B) Damage to items that are snow-covered, not visible or not marked. C) Damage caused by equipment when tree, shrub and sidewalk areas are not reasonably delineated due to snow accumulation. D) Personal injuries resulting from slip and fall accidents; and/or E) Acts of God, including but not limited to extraordinary weather conditions.
6. “Event” Defined. Any 24 hour period immediately following completion of plowing, or first plow if new customer.
7. Charged for pre-cleared property. Any driveway/ parking lot that is covered under this contract that has been cleared prior to our arrival shall be charged the contract rate as a trip charge. This charge may be waved if property owner contacts C.F.R. Services prior to dispatch or arrival.
8. The owner shall indemnify, defend and hold harmless the contractor, its owners, employees and subcontractors from and against any and all claims, damages, reasonable attorneys’ fees, costs and expenses which the contractor incurs as a result of a claim or claims brought by the owner or any third party, arising out of any wrongdoing, negligence and/or breach of contract by the owner 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 owner’s involvement with the premises or the services, including but not limited to personal injuries resulting from slip and fall accidents.
9. Life of Agreement: This agreement is valid from the date it is signed until June 31, 2018
10. Payment: For per visit agreements – Payment due at time of service.
Checks must be made out to C.F.R. Services.
- Any invoice or scheduled payment over 10 days past due will be subject to a late fee of 15%. C.F.R. Services reserves the right to suspend service when payments become more than 10 days past due. This agreement price has been negotiated and agreed upon based on the customer’s driveway/ parking lot as it exists on the agreement date. In the event the customer adds additional areas, driveways, and/or paths that are suitable for snow plowing, shoveling and/or de-icing services C.F.R. Services shall not be responsible for the care or maintenance of such additional improvements without a written change order.
- A service charge of $50.00 will be charged for any returned check.
- Purchasers will be responsible for all costs of collection, including without limitation, Court costs and reasonable attorneys fee’s in the event that it becomes necessary for C.F.R. Services to resort to legal measures to collect any amount owed under this agreement.
12. Hazards: Customer is aware that plowing may not clear their property to bare pavement and that slippery conditions may prevail even after plowing. C.F.R. Services assumes no responsibility for slip and fall accidents or vehicular accidents as a result of this naturally occurring condition.
13. Provision for Default and Cancellation: Either party may terminate this agreement at any time with a 10 day advance written notice. Cancellation date will be the day such notice is received. In the event of cancellation, the customer will be responsible for all costs of services rendered up to the cancellation date. A final invoice will be sent to the customer within 30 days after notification for balance due.
There will be No Refunds issued for unused time or services set forth by this agreement.
C.F.R. Services will not plow or sand/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 or mark obstructions prior to our services being completed. C.F.R. Services is not liable for damage to pavement or other surfaces contracted for plowing of snow. Damage can occur but we will make every effort to avoid this. 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, C.F.R. Services is not responsible for these accumulations that cannot be removed but will do our best to remove them.
Representative is responsible for boundary markers (C.F.R. Services will provide for a nominal charge). Customers must make arrangements with C.F.R. Services regarding piling of snow during contract signing. Removal of snow piles is not available through C.F.R. Services; please contact a SNOW REMOVAL CONTRACTOR for this. (unless contracted for before beginning of season.)
Remember, icy or slippery conditions may exist even after work is completed. C.F.R. Services is not responsible however, for any death, injury, loss or damage of or to persons or property by reason of non-performance of our obligations in our agreement. You also agree to waive any right of subrogation against us by reason of same.
Late payments will be assessed a 15% late charge if not received within 10 days after Billing Due date. Returned checks will be assessed a $50 fee and overdue bills may be turned over to a collection agency.