TERMS AND CONDITIONS

This written agreement contains all conditions and describes all work to be done. This agreement supersedes all previous agreements and any verbal commitments made prior to date of this agreement.

“Per Plow” rate is for snow accumulations up to 4” (prox). Accumulations greater than approximately 4” may result in additional charges to compensate for additional time required to adequately clear snow from lot. Customer understands that plows have to go thru lot once to clear heavy snow and then re-plow lot to clear remaining snow. Customer understands that this may result in additional charges for that particular snow fall. Customer agrees to pay such additional charges.

All plowings shall be considered “full plows” unless otherwise agreed upon by the parties hereto, prior to plowing being done. Partial plows may be charged at a prorated lower amount than that quoted-depending upon amount of work required. Quoted rate is for snow plowing of parking areas (or driveways) only. Unless specifically stated, sidewalk snow removal is not part of quoted rate. Quoted rate does not include front end loader services, however these services are available at an additional charge.

Quoted rate is for plowing that is done as part of regular service when all other accounts are being checked or plowed. Special request plowing (for example –a phone requested to plow driveway or lot at mid-afternoon) –is subject to a minimum charge. This is due to the fact that our driver’s get paid a one-hour minimum when called out for “special plowings.” Customer is to be advised of possibility of minimum charge at time of “special request.” These charges are detailed in the provided proposal.

The owner of the property is presumed to know their own property boundaries.  The Owner will clearly stake the areas to be plowed.  In the event the areas staked are erroneous, the owner agrees to defend and hold harmless the contractor for any and all trespasses or damage that may result from the owner’s failure to properly stake his property.

Winkler’s Lawn Care & Landscape, LLC will exercise its best judgment based upon weather forecasts and existing conditions at the time.  Customer is aware that weather conditions in the Kansas City area may change rapidly and without notice.  Changes in weather conditions are considered to be an “Act of God” and Winkler’s Lawn Care & Landscape, LLC assumes no liability for Acts of God.  Contractor is not responsible for damages to asphalt pavement, concrete pavement, curbs, landscaping, and turf on the Customer’s property as occurring through normal operations of plowing or ice melt/salt applications. Reports of damages beyond those previously stated must be reported to the contractor within forty-eight (48) hours.  Failure to report damages constitutes a waiver and the contractor is released from liability.

Customer agrees to allow Winkler’s Lawn Care & Landscape, LLC to decide if snowplowing is warranted based upon snow accumulations at customers’ particular location.  Customer understands that snow accumulations may vary throughout the Kansas City area, and that accumulations in one section of Kansas City are not necessarily indicative of the accumulation at the customers’ particular location.  Customer also understands that drifting snow may necessitate plowing of their particular location, regardless of the total snowfall at that location.  In any event customer agrees to allow Winkler’s Lawn Care & Landscape, LLC to decide if snowplowing is necessary.

Accounts that are past due will not be plowed until account is brought up-to-date.  Customer understands and accepts the fact that the delays in payments made to Winkler’s Lawn Care & Landscape, LLC may result in appropriate legal action being taken to collect monies owned to Winkler’s Lawn Care & Landscape, LLC.  Customer understands and agrees that costs of such legal action, including without limitation lawyer fees, costs, and expenses of suit or bring suit, may be passed on to the customer, and customer accepts this condition.  Contract shall be binding inure to the benefit of the parties and their heirs, executors, administrators, and assigns.

Customer understands that plowing (or salting) of a particular location may not clear the area to “bare pavement” and that slippery conditions may continue to prevail even after plowing (or application of salt).  Customer understands that Winkler’s Lawn Care & Landscape, LLC assumes no liability for this naturally occurring condition.  Customer agrees to defend and hold harmless the contractor for any and all trespasses or suits that may arise as a result of this naturally occurring condition.

If sidewalk snow removal is selected as an option:  Customer understands that sidewalk crews may not work safely if temperature and wind conditions combine to make Wind Chill factors below 0 degrees Fahrenheit.  Customer agrees and understands that Winkler’s Lawn Care & Landscape, LLC reserves the right to stop working in these severe conditions (without penalty) so as not to force unsafe conditions upon our employees.

The Customer agrees and understands that no sales taxes are included in the contract price. In the event any governmental authority passes any legislation charging sales to shall be added to the total cost billed to the Customer.

This contract is cancellable upon written notification by either party.  Monies invoiced or due for services rendered are due and payable upon such cancellation.

 

Residential Snow Removal Expectations:

Each storm is different and our plan to manage the storm differs based upon the type of storm. Typically on residential properties we wait to clear snow until after the storm is over. However, in larger snow storms 6″ of more, we may clear snow twice in order to service all customers in a timely fashion and reduce wear and tear on equipment. Timely removal of snow ranges from 1-8 hrs after snow fall ceases.

The use of “trigger rates” is an industry accepted approximation. Very seldom will there be exactly 2″ of accumulation, therefore requiring exactly 2″ of snow to be removed. We reserve the right to charge above and beyond the rate quoted for storms producing accumulations above 4”. This charge is to cover the additional labor involved in removing the snow from your property. This increase will normally rage from a $5.00-10.00.

Areas that are compacted due to vehicle traffic will not be able to be cleared to “bare pavement.” This happens frequently on driveways where vehicles have been traveling multiple times. We will also be limited to how effective we will be able to work around vehicles that are parked in driveways and street side. Our rates do not include the labor required to hand shovel around cars parked in driveways or driveways themselves. If it is not possible to effectively clear your driveway it may be pushed to the end of the service route or skipped completely.

There are some storms that produce winds that will continue to blow even after plowing has been performed. This may require additional plowing. If we plow once and then plowing is needed a second time, even if it is during the same storm, we retain the right to bill for multiple occurrences.

We work very hard to maintain communications during snow/ice events to provide the most responsive and thorough services available. We have multiple trucks, crews, and even backup equipment available in case of mechanical failure or large storms that may hinder a quick responsive time. If at any time you have a question about when you will be receiving services please feel free to call and confirm your property and or request additional services.

Thank you again for contacting us. We look forward to working with you this winter and the opportunity to continue the services we provide you with into the summer months as well.