Commercial Plowing Terms & Conditions

Contractor Obligation: Client has requested Contractor to provide, and Contractor agrees to provide, snow management services and/or chemical treatments for the duration of the contract term listed on contract as specifically described and limited to “special notes” listed in contract. 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: Routes are dispatched when snow has reached contracted trigger. Under normal/tolerable conditions, property(ies) will be serviced within 4-5 hours once trigger is met. Heavy/quick accumulating snow & heavy traffic may delay service. For typical overnight snow falls, we always strive to have all commercial lots plowed by 7:00 a.m. unless specified otherwise. However, if trigger is not met, for example, until 6 a.m., not all properties will be serviced by their designated “open” times provided by client. Contractor reserves the right to delay services (without penalty) and cannot be held responsible for delays or damages as a result of, natural or man-made disasters, severe or unworkable weather conditions, health risks, “Acts of God”, or any other influences beyond our immediate control. Service may not be provided during driving or other government regulated bans.

Service Area Disclaimer: J and R will plow 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.

The areas of Clients property where snow management services and chemical treatments will be provided pursuant to the “Scope” identified by Client includes: parking areas, sidewalks, and other areas customarily utilized by vehicles and pedestrians, but does not include personal patios, decks, vestibules, enclosed porches, and other similar type of areas not accessible to Contractor or which Client has rendered inaccessible to Contractor during the period of time of the Agreement. Client agrees to allow Contractor to decide if snowplowing is warranted based upon snow accumulation at Clients particular location. Client understands and acknowledges that snow accumulations vary throughout the service area and that accumulation in one area of Central New York are not necessarily indicative of the accumulation at the Clients particular location. Client understands that excessive accumulation may result in the loss of parking spaces or reduced driving areas. Snow relocation upon the premises or snow removal from the premises will be performed at the direction of the property owner or its duly appointed agent. These services shall be performed at an additional cost and is not a part of this contract.

Customer understands that plowing of a particular location may not clear the area to “bare pavement” and that slippery conditions may prevail.

• On Demand Snow Removal/Relocation: Contracted commercial clients are locked in to reduced equipment pricing when requested as follows:
  
  • Skid Steer: $115/hr. (4 hour minimum)
  • Plow Truck: $95/hr. (4 hour minimum)
  • Dump Trailer: $95/hr. (4 hour minimum)

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: Seasonal contracts will be billed according to contract terms. Any remaining per-plow contracts will be invoiced the 1st of every month and due within 15 days of receipt of invoice. All overdue payments of 15 days or more will be subject to a monthly 3%, or $15, late fee, whichever is greater. J and R reserves the right to pause/cancel any service(s) due to non-payment, at anytime, and will hold no liability until service resumes. Any expense(s) obtained as a result of attempts to collect a debt by either party will be the sole responsibility of property owner, including, but not limited to, financial institution fees, attorney fees, court costs, etc.

Payment Method and Fees: Prices quoted are for payments made by check or ACH. For all credit card transactions over $500, a 2.9% convenience fee will be applied.

• “Per Plow” Partial/Multiple Charge(s): If lot was plowed in the morning and again in the afternoon or night. Partial charge may occur when plowing less than a full lot at driver’s discretion (For example: snow drifts, county plowed in end of driveway)
• 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)

Stake Collection/Plow Damage Repair: J and R Property Services will mark all lots with wood or fiberglass stakes unless contracted after ground is frozen. If customer does not want stakes, they accept responsibility for any damage. Lots will be staked late October/early November at the discretion of contractor (weather & forecast permitting). Stake collection & plow damage will be repaired to it’s previous condition when weather and material availability becomes available (typically the 1st-2nd week of April). Grass seed will also be put down. Account balances must be current to have any repairs done to lawn. **Customer is responsible for watering/proper after-care. For after-care instructions, please visit our Aftercare page.

Wear and Tear Disclaimer: Client acknowledges and agrees that snow management services and chemical treatments may cause wear and tear to Clients property. Client agrees and acknowledges that damage may occur to: i) areas of Clients property not properly maintained or that are in a damaged condition, ii) speed bumps, iii) and other protruding objects on Clients property, which result from scraping that occurs during snow management and chemical treatments. Client agrees and acknowledges that Contractor is not liable for any property damage for wear and tear to those portions of Clients property outline service area(see site map), including but not limited to, asphalt, curbs, sidewalks, etc., which are normally associated with snow management and chemical treatments. Contractor agrees to be responsible for direct property damage caused by Contractor.

Timely notice and reporting: As a pre-condition of submitting any claim against Contractor for property damage, Client agrees to notify Contractor of such property damage within 48 hours of the snow management services causing such property damage. Client voluntarily and knowingly waives any and all claims for property damage or personal injury against Contractor not reported within 48 hours of the snow management services allegedly causing such property damage or injury.

• Damage(s) not covered: Contractor will not be held responsible for any damage caused to, or caused by: object(s) that are not visible to the operator prior to, or during, time of service. Scratches/small gouges, poor/old pavement in disrepair, cracking due to bad base/foundation, or shifting of asphalt that allows plow to catch chunks of pavement. Displacement of stone from stone lots.

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.

Cancellation and Change in Scope of Services: This contract is cancelable upon written notification by either party within Thirty (30) days of signing contract. Monies invoiced or due for services rendered or lost projected profit and fixed expenses are due and payable upon cancellation. This written Agreement is the entire Agreement between the Parties. No changes or amendments to this Agreement will be valid or enforceable unless such changes are in writing and signed by both Parties. During the effective period of this Agreement, should Client decide to modify the “Service Specifications” section(s) which Client has requested Contractor to provide as set forth in the executed contract. Client will provide Contractor with such Notice of Change in writing. No change will become effective for 72 hours from when sent by Client to Contractor. Client acknowledges that Contractor has ordered certain materials, equipment and arranged for man power in anticipation of providing services to Client. Client agrees to be responsible for all Services provided in any interim period from the time Notice is given in writing up to and through 72 hours or the conclusion of the latest weather event requiring services, whichever is later. In the event Client cancels contract in less than 60 days before contract term listed on contract begins or before the contract term concludes, Client agrees to pay Contractor 10% of total sum of contract or $500 cancellation fee, whichever is greater.

This agreement constitutes the entire agreement between the Customer and Contractor with respect to the subject matter contained herein. No modification, alteration, or amendment, of any of the terms or conditions contained herein shall be effective unless and until forth in writing, and duly signed by both parties.