Commercial Plowing Terms & Conditions

1. Contractor Obligation

The Client has requested that J and R Lawns & Landscapes Inc. (“Contractor”) provides snow management and/or de-icing services, and Contractor agrees to provide such services for the duration of the contract term as stated in the executed agreement. Services are strictly limited to those described in the contract, including any “Special Notes.”

The individual executing the agreement on behalf of the Client represents and warrants that they are fully authorized to bind the Client to this Agreement.

2. Equipment and Materials

Client acknowledges that Contractor will utilize equipment, materials, and methods customarily used within the Central New York region for snow and ice management. The contractor will exercise professional judgment based on weather forecasts and site conditions at the time services are rendered. Client understands that weather conditions in Central New York may change rapidly and without notice.

3. Insurance Coverage

Contractor shall maintain, at all times during the contract term:

• Comprehensive General Liability Insurance covering bodily injury and property damage arising directly from snow management services, and
  
  

• Workers’ Compensation Insurance as required under New York State law.
  
  

Certificates of insurance will be provided upon request. Contractor agrees to indemnify and hold Client harmless from injuries sustained by Contractor’s employees arising from snow management or de-icing operations.

4. Service Timing & Reasonable Expectations

Snow routes are dispatched once snow accumulation reaches the contracted trigger depth. Under normal conditions, properties will typically be serviced within 4–5 hours after the trigger is met. Heavy snowfall rates, rapid accumulation, traffic congestion, or extended storm events may delay service.

For typical overnight snowfall events, Contractor strives to have commercial properties serviced by open times depending on snowfall amounts and timing, unless otherwise specified in writing. If the trigger depth is not reached until later (e.g., 6:00 a.m.), Contractor cannot guarantee service prior to Client-designated opening times.

Contractor reserves the right to delay or suspend services without penalty due to severe or unsafe weather, natural or man-made disasters, health or safety risks, “Acts of God,” governmental travel bans, or other circumstances beyond Contractor’s control. The contractor shall not be held liable for damages resulting from such delays or suspensions.

5. Service Area & Access Disclaimer

The contractor will plow as close to vehicles, structures, and objects as reasonably possible without compromising safety. Client agrees to instruct tenants, employees, and visitors not to move vehicles during service operations. When conditions and routing permit, Contractor may return for secondary passes to clear previously inaccessible areas.

Services apply only to areas identified in the agreed-upon Scope, including parking areas, sidewalks, and pedestrian access ways. Services do not include patios, decks, vestibules, enclosed porches, or any areas rendered inaccessible by the Client.

Client acknowledges that snow accumulation varies throughout Central New York and that conditions at one property may differ significantly from nearby locations. Contractor retains sole discretion to determine when services are warranted based on conditions at the Client’s specific site.

Excessive snow accumulation may result in reduced parking availability or driving space. Snow relocation or off-site snow removal is not included and will be performed only at the Client’s direction and at an additional cost.

6. Surface Conditions

Client acknowledges that plowing and de-icing may not result in “bare pavement.” Slippery conditions may persist before, during, or after services are performed.

7. On-Demand Snow Removal & Relocation Rates

Contracted commercial clients receive reduced equipment rates when on-demand services are requested:

• Wheel Loader (1.7-yard bucket): $175/hour (4-hour minimum)
  
  

• Skid Steer: $150/hour (4-hour minimum)
  
  

• Plow Truck: $125/hour (4-hour minimum)
  
  

• Dump Trailer: $150/hour (4-hour minimum)
  
  

8. Severe Weather Conditions

Central New York frequently experiences ice storms, sleet, freezing rain, and similar conditions that may require additional time, materials, or specialized equipment. Client agrees that the determination of appropriate equipment, materials, and services required to address such conditions is at the sole discretion of the Contractor and in accordance with industry standards.

Contractor’s determination as to the necessity of additional services or materials shall be conclusive. Salting is not performed during moderate to heavy snowfall events, as it is ineffective under such conditions.

9. Billing, Payments & Terms

• Seasonal contracts will be billed according to contract terms.
  
  

• Per-plow accounts are invoiced monthly on the 1st and are due within 15 days of receipt.
  
  

• Past-due balances of 15 days or more are subject to a 3% monthly late fee or $30, whichever is greater.
  
  

If an account is more than 30 days past due, the contractor reserves the right to pause or cancel services due to non-payment without liability until payment is brought current. All collection costs incurred, including attorney fees, court costs, and banking fees, shall be the responsibility of the Client.

10. Payment Methods & Fees

Quoted prices apply to payments made by check or ACH. Credit card payments over $500 are subject to a 2.9% convenience fee.

11. Per-Plow Charges

Per-plow contracts are billed based on the number of service visits performed at the contracted rate.

12. Out-of-Contract Services

Services requested outside the contracted scope—including snow relocation, on-demand de-icing, service below trigger depth, or services outside contract dates—will be invoiced on the 1st of the following month.

13. Staking, Repairs & Restoration

Parking lots will be staked with wood or fiberglass stakes unless contracted after the ground is frozen. Staking typically occurs late October through mid-November, weather permitting.

Stake removal and plow-related turf repairs will be completed when weather and material availability allow, typically in early April. Repairs include grass seed only, not sod. Account balances must be current for repairs to be completed. The client is responsible for watering and proper after-care.

14. Wear and Tear Disclaimer

Client acknowledges that snow plowing and de-icing may cause normal wear and tear. The contractor is not responsible for damage to poorly maintained surfaces, speed bumps, protruding objects, deteriorated pavement, curbs, sidewalks, or stone displacement. The contractor is responsible only for direct property damage caused by its negligence.

15. Timely Notice of Damage

Any claim for property damage must be reported within 48 hours of the service alleged to have caused the damage. Failure to report within this timeframe constitutes a waiver of all related claims.

16. Damages Not Covered

The contractor is not responsible for damage caused by hidden or non-visible objects, deteriorated pavement, poor sub-base conditions, surface cracking, or stone displacement.

17. Limitation of Liability & Indemnification

Client acknowledges that weather events constitute “Acts of God.” Contractor assumes no liability for injuries or damages arising from naturally occurring conditions. Contractor is liable only for damages directly and solely caused by its negligence or failure to perform contracted services.

Client agrees to defend, indemnify, and hold Contractor harmless from all claims, damages, costs, and expenses arising from conditions not directly caused by Contractor’s negligence.

18. Cancellation & Changes in Scope

Either party may cancel this Agreement within 14 days of signing by written notice. All services rendered, incurred costs, and lost projected profits are due upon cancellation.

Scope changes must be submitted in writing and require 72 hours’ notice to take effect. Client is responsible for services provided during this interim period.

Cancellations within 30 days of contract start require payment of 10% of the total contract value or $500, whichever is greater.

19. De-Icing Material Shortages & Price Adjustments

The contractor reserves the right to adjust pricing due to de-icing material shortages or significant cost increases. Substitute materials or higher-cost sourcing may be required. Clients will be notified in advance when possible, and adjusted rates will appear on invoices until supply stabilizes. 

20. Entire Agreement

This Agreement constitutes the entire understanding between the Client and Contractor. No modification or amendment shall be valid unless made in writing and signed by both parties.