Terms & Conditions

"On-demand/Out-of-Contract" Lot Deicing

Contractor Obligation: Client has requested Contractor to provide, and Contractor agrees to provide, ice control services and/or chemical treatments upon request. Client’s representative represents and promises that it is authorized to enter into the Agreement on behalf of the Client.

Equipment and Materials: Client understands and acknowledges that Contractor will utilize the type of equipment and materials customarily utilized in the Central New York area for the management of snow and/or chemical treatment of certain winter conditions. Client also understands and acknowledges that although Contractor will exercise its best judgment based upon local weather forecasts and existing conditions at the time Contractor’s services are provided, that weather conditions in the Central New York area may change rapidly and without notice.

Contractor Insurance Coverage: Client requests and Contractor agrees that it will at all times carry the following insurance coverage: i) comprehensive general liability coverage insurance in the amount of Your Insurance Coverage Amounts covering risk of injury or damage (property or personal) directly related to Contractor’s snow management services; Contractor also agrees to carry workman’s compensation coverage for it’s employees as may be required under New York State. An insurance certificate will be issued upon request. Contractor agrees to indemnify and hold Client harmless from any and all injuries sustained by its employees normally related to snow management services or salt/chemical treatments.

Service Timing/Reasonable Expectations: Requested de-icing services will be performed within 4 hours(often sooner) of confirmation of receipt of request.

Service Area Disclaimer: J and R will service as close to objects/vehicles as possible without jeopardizing the safety of community and property of Contractor or Customer. To ensure the safety of your tenants/clients/employees & our employees, please instruct all parties to refrain from moving vehicles during service. When weather and routing permits, we will return for a second pass to clear previously inaccessible parking spaces or other areas of the lot.

Severe Weather Conditions: Syracuse, NY and the Central New York Region commonly experience severe ice storms, sleet, freezing rain and other similar conditions resulting in the accumulation of multiple inches of ice/sleet/freezing rain on paved surfaces. Such a condition may require Contractor to expend additional time and chemicals. Client agrees and acknowledges that the appropriate equipment and services necessary to address such condition is within the sole and exclusive discretion of the Contractor and that Contractor’s decision will be made in accordance with customary industry standards at the time the weather condition is encountered. Client also acknowledges and agrees that Contractor’s decision will be considered conclusive as to whether or not such additional services or chemical treatment was necessary and appropriate to address such condition.

Billing/Payments and Terms:

  • Out-of-contract services: Service(s) requested outside of contracted terms will be due the 1st of the next calendar month(i.e.- Snow removal/relocation, “on-demand” de-icing service, or service requested on 1” of snow on a 2” trigger contract or service request outside contracted dates)

Limitation of Liability and Indemnity: Client agrees and acknowledges that changes in weather conditions are considered to be an “Act of God” and as such Client acknowledges and agrees that Contractor has assumed no liability arising from personal injury or damages which arise or are related to Acts of God. Client understands that plowing, salting, chemical treatments or shoveling of a particular location may not eliminate all snow, ice or other conditions caused by a weather condition such that the area scraped or treated is equivalent to “bare pavement”. Client acknowledges that despite Contractor’s reasonable efforts slippery conditions may continue to prevail even after plowing or chemical treatment. Client understands that Contractor assumes no liability for this and other naturally occurring condition(s). Client acknowledges and agrees that Contractor is only responsible for personal injuries or property damages which are directly, exclusively, and solely related to either: i) Contractor’s negligence (as defined by customary standards in the industry) in providing the snow management services requested by Client; or ii) Contractor’s failure to provide the “Scope” of services that Client has contracted Contractor to provide. Client agrees to defend, indemnify, and hold Contractor harmless from any and all claims, lawsuits, injuries, or damages, costs and expenses (including attorney fees, expert fees, legal expenses or other court costs) asserted by Client, Client’s tenants, invitees, or other 3rd persons which do not arise directly, exclusively, and solely from either: i) Contractor’s negligence (as defined by customary standards in the industry) as part of the snow management services specified by Client; or ii) from Contractor’s failure to provide the “Scope” of services Client has contracted for. Client further agrees to defend and hold harmless Contractor (including Contractor’s attorney fees, expert fees, legal expenses or other court costs) from any and all claims, damages, suits, injuries by Client, Client’s tenants, invitees, or other 3rd persons that may arise as a result of any naturally occurring condition identified in this Agreement.

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8076 Thompson Rd. Cicero, NY 13039
info@jandrlandscapes.com | (315) 699-4971

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