Terms and Conditions

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Snowfall

A Snow Fall event officially starts when the Snow trigger level has accumulated upon the premises continues while snow accumulates on the premises and ends only when the continuous accumulation of snow has ceased for 2 hours. Each Snow Fall Service includes clearing all fresh snowfall from agreed upon area and applying ice-melt where requested.

In the event the Contractor and Customer do not agree on whether or not an instance was a Snowfall or a Nuisance Event, the warnings, records and forecasts of Environment Canada nearest to the customer location will be used to make a determination. The contractor is not responsible for blowing and drifting snow after service(s) have been rendered.

Sidewalk Trigger: 1 cm Plowing Trigger: 5 cm

Storm pricing will vary depending on snow accumulation measured on site by Contractor or reported by nearest Environment Canada location. Fees will be based on a multiplier of the job’s base rate. In the event of a storm (10 cm+), services will be performed as quickly as possible. All deadlines and performance guarantees will be waived.

Packed snow or icy surfaced will be removed or salted wherever possible, but may be subject to additional charges. Contractor cannot be held responsible for injury or death resulting from icy or slippery surfaces.

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Additional Services**

Written requests must be made for the following services. Additional charges will apply (See website for further definition):

• Nuisance Event – Storms, Snowfall under 1 cm, drifting snow, Sleet, Flash freezing, Iced or Packed walkways, etc.
• Ice chipping or removal due thawing, melting snow or Chinooks.
• Additional visits during same snow event (i.e.: additional afternoon round) will be billed as an “On-Call” or “Pay-As-You-Go” visit or otherwise agreed upon price. Scheduling Table to coming soon!)
• Off-site snow removal or use of other machinery not described in agreement.
• Travel /Call-Out Fee when unable to complete work due to circumstances out of their control (not including weather)
• Ice-melt applied to create a reasonably safe and walkable surface area, at contractor discretion.(Approx. 1 Lb = 30-40 sq.ft)

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Weather

Contractor will exercise its best judgement based upon weather forecasts and existing conditions at the time. 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 contract assumes no liability for “Acts of God”.

Customer agrees to allow contractor to decide if snow management/plowing/ice melt application is warranted based upon snow accumulations at customer’s particular location. Customer understands that snow accumulations may vary throughout the area, and that accumulations in one section of area are not necessarily indicative of the accumulation at the customer’s particular location. Should the Customer need a particular service for their location in spite of the Weather Network statements, some additional charges may apply as a special run may be needed for that location only.

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Cancellation

This contract may be cancelled by the Customer by giving the Contractor thirty (30) days advance written notice. Expectations

Customer understands that plowing or sanding of a particular location may not clear the area to “bare pavement” and that slippery conditions may continue to prevail even after plowing or sanding. Customer understands that Contractor 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 these naturally occurring conditions.

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Damage

Contractor will make every effort possible to protect customer’s landscape and property.

Customer agrees Contractor may not be held legally liable for damages caused to/by any of the following:
• General debris, paving materials, gravel, ice, being struck or displaced by any snow removal equipment.
• Any object hidden by snow or protruding, including raised beds, plant material, pavers, curbing, fencing, fixtures, lawn ornaments, retaining walls, extension cords, etc.
• Vehicles: Customer agrees to remove all vehicle obstructions, to allow proper snow removal up to 3 ft from the vehicle. Contractor will not be liable for vehicle damage. Requests to redo areas where vehicles were parked before may be subject to additional charges.

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Safety

Customer understands that sidewalk crews may not work safely if temperature and wind conditions combined to make Wind Chill factor below -40 C. Customer understands that Contractor reserves the right to stop working in these severe conditions so as not to force unsafe working conditions upon employees. Contractor reserves the right to delay services (without penalty) and the Customer understands that the Contractor cannot be held legally liable or responsible for any delays or damages as a result of , natural or manmade disasters, health risks, any condition undermining the safety of its workers or any other influences beyond our immediate control. Charges for service or travel may still apply.

Customer understands that all related unsafe working conditions on site must be monitored and reported immediately through written form to our office and customer may be held liable for unreported safety issues leading to incidents/accidents.

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Disclaimer

Customer is presumed to know his property boundaries and will clearly stake or instruct contractor to stake the areas to be managed/plowed. In the event the areas staked are erroneous, the owner agrees to defend and hold harmless the contractor for any and all trespasses that may result from the owner’s failure to properly stake his properly. The owner agrees to pay the Contractor’s attorney fees in defense of the trespass claim.

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Payments

Accounts that are past due will not be managed/plowed until account is brought up-to-date. Customer understands and accepts that fact that delays in payments made to contractor may result in late fees and appropriate legal action being taken to collect monies owed to contractor. Customer understands 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 assignees. GST will be applied to all invoices.

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Reporting Issues

Any issues or deficiencies must be reported through email within 24 hours of service having been provided. All efforts will be made to remedy the situation within 24 hours of customer notification being received.