Terms and Conditions
Standard Landscape construction Terms and Conditions
This document outlines J and F Lawn and Snow Service’s Standard Landscape construction Terms and Conditions (“Terms”). All services performed by J and F are subject to these Terms unless otherwise noted in the proposal. customer’s written initiation of the services detailed in a proposal shall constitute a binding agreement (“Contract”) between J and F and the customer, subject to these Terms. These Terms supersede all previous oral and written agreements made before the date of the Contract as well as any conflicting customer provided terms. It is the customer’s responsibility to review these Terms. All desired addendum / change orders must be made in writing and signed by both parties to be enforceable.
Deposit Requirement
A non-refundable deposit is required to secure services and schedule work. The standard deposit is $500. No work will be scheduled or materials ordered until the deposit has been received.Deposits are used to cover administrative costs, scheduling, mobilization, and procurement of materials. Once received, the deposit is non-refundable regardless of cancellation reason.Scheduling is based on receipt of deposit and project readiness. Any delays in payment may result in rescheduling. Weather and job site conditions may affect final start dates.
Balance Due:
The remaining balance is due upon completion of the work unless other terms are agreed upon in writing. Invoices not paid within the stated terms may be subject to a 1.5% monthly finance charge (18% APR).
Payments Received:
The Warranty for the contract is only valid if payment is received in full. Unless otherwise specified or requested, J and F will invoice Customer near the fifteenth (15th) or thirtieth (30th) of the month when work has been completed. The first invoice will be a deposit installment and any additional services rendered through the date of invoice. The second invoice is generated for the full project and any additional services rendered after the first invoice of the month. Customers agree to pay 1.5% finance charge (18% APR) on accounts past the due date each month until the balance is paid in full. Charges for work completed outside the current invoicing period are still valid in their full amount.Customer understands and agrees that delays in payments made to J and F may result in suspension of services, and appropriate legal action being taken to collect monies owed to J and F.Customer agrees that costs of such legal action, including without limitation, lawyer’s fees, costs, and expenses of suit or collection, will be Customer’s obligation to pay when J and F is the prevailing party in any litigation. Any checks that are returned to J and F for insufficient funds will be accessed with an additional $25.00 service fee. This service fee will be added to the Customer’s account balance and become due immediately.
Diligence:
J and F agrees to carry out its Work diligently and to provide sufficient supervision and inspection of its staff and subcontractors and that it’s work will be of proper and professional quality, and in full conformity with the requirements of the contract.
Competence:
J and F warrants that it is competent to perform the Work and that it has the necessary qualifications including knowledge and skill with the ability to use them effectively.
Site Unknowns:
It is the responsibility of the customer or the customer’s Representative to fully inform J and F of all the information regarding site unknowns that may include difficult buried materials, cables, and pipes, tree stumps, drainage or water table issues, rock and shale sub-surfaces and/or other impediments, issues or factors that could otherwise impact the quality, cost and timeliness of project completion. Failure to notify J and F may lead to additional costs to the customer (at the discretion of J and F) and schedule time not included in the Quotation, and may require changes in design and construction to overcome such problems – all for which the customer will be responsible. Customers can avoid such risks by permitting the Contractor to do appropriate soil and ground tests, review the site, and to secure additional required site information from appropriate government and other authorities. The cost(s) of such additional work is not included in the Quotation. Damage to existing irrigation lines during construction is considered to be an additional cost.
Damaged Utilities:
Should damage occur to utilities during construction, J and F is only liable for the cost of the repair. J and F is not liable in any way for inconvenience to the customer caused by damage to the utilities.Damage to neighbors' buried utilities, on the customer’s property, are the responsibility of the customer.Building/Window/Vehicle Washing: Buildings, windows, or vehicles of the customer, including neighbors, are not intended to be kept clean due to dust during Construction or Work performed by J and F. Any necessary cleaning due to Construction or Work by J and F will be the responsibility of the customer.
Special Order & Non-Returnable Materials:
Special order materials are items purchased specifically for a customer’s project that are not regularly stocked and/or are not eligible for return to the supplier. These materials may include, but are not limited to, specialty landscaping products, custom materials, bulk materials, or items ordered to meet specific site requirements.
Once special order or non-returnable materials are ordered, the customer acknowledges and agrees that all associated costs will be billed to the customer, regardless of project delays, changes, cancellations, or termination of services. Payment for such materials is the responsibility of the customer even if the materials are not installed or used.
Material Tolerances
Wood: Pressure treated wood cannot be guaranteed against warp age, checking, or cupping. Cedar is expected to crack especially 6X6 up to 3/8 inch gaps and the entire length of the wood. Ipe is expected to crack especially 4X4 up to 3/8 inch gaps and the entire length of the wood.
Stone:
Natural stone has color variations that vary from stone to stone. In addition, mineral deposits such as lime, iron, etc. can change the stone and even bleed. This is the nature of the product and the customer accepts this as a natural and acceptable quality of the stone.
Metal:
Metal, which is not galvanized, is not guaranteed from rusting commencing immediately after installation.
Concrete:
Spider cracks (hairline stress-fractures) are considered a normal characteristic of all types of concrete. Concrete may crack substantially over time due to proximity of tree roots. Colored concrete consistencies vary from truck to truck; therefore it is not possible to produce an exact match with pours over nine meters. The customer absolves the Contractor of liability if “smooth” concrete is the desired finish (due to slippage).
Warranty Time Period:
J and F warrants all construction and installation for a period of one (1) year, providing that they have been maintained properly. All construction materials are subject to manufacturer’s specific warranties/guarantees. Planting is warranted for one (1) year if there is an approved irrigation system.
Customer Responsibilities:
The customer recognizes and agrees that they have a responsibility to maintain constructions, plants, bushes, trees, and other installations in keeping with standard quality maintenance requirements in order for the Warranty to remain in affect. Failure to properly maintain materials or horticulture installations will void the warranty. customer further recognizes and agrees that damage to construction, materials, horticulture elements and other warrantable items of the project will not be warranted if the damage or loss is due to elements beyond the control of J and F. For example, flooding eaves troughs that damage plants, fallen branches, animal caused damage, frozen/ burst irrigation or drainage pipes that were not seasonally drained at the proper time, use of improper chemicals, improper maintenance, extreme or unusual weather conditions, and similar and/or related situations – void all warrantees provided by J and F.
Use of customer Selected and Approved Substandard Materials:
customer recognized and agrees that if the customer has chosen and approved the use of substandard materials for any application that the one year warranty will be void or otherwise limited in writing on those items so impacted, but will remain in effect for all other elements of the project not impacted directly or indirectly by use of substandard materials. J and F will notify in writing to the customer any material that the customer has selected that would negatively impact the one year warranty – prior to purchasing and/or installing such materials.
Material Grades:
The customer recognizes that all materials come in a range of grades of quality and finishes, and that natural materials are not perfect. Natural wood has knots, and other natural materials have variability in color due to a wide range of factors, and that samples, while useful in material selection decision-making, cannot be expected to accurately represent the total completed surface of a given construction or installation. J and F shall endeavor to enable the customer to see or understand the representative range of color, surface texture, and related of all materials that are seriously considered for installation on a project, however, it will be responsibility of the customer for the final selection of those materials. Once the selection has been approved by the customer, the customer will be responsible for all costs associated with changing any given material should the customer change their mind during or after material is purchased or constructed.
Planting + Plant Warranty Trees and Shrubs:
All trees and shrubs are warrantied from the date of installation, provided that the J and F is in agreement that the plants are sufficiently hardy and appropriate for the soil, climate, and weather conditions associated with the site, and that they are properly maintained in keeping with standards for assuring the longevity of such plants.
Perennials:
Perennials are guaranteed for the same-planted season only. "Delicate” Plants, such as rhododendrons and plants that are not typically suitable for the customer’s plant zone, may come with no warranty, due to the risk involved. These plants will be listed in the Planting Estimate in bold.
Winter Protection:
All evergreens, broadleaf evergreens and delicate plants must be burlapped in their first season to validate warranty. J and F provides this service at an additional cost.
Plant Seasonality:
Various plants, bushes, shrubs, and trees have ideal times for planting. Planting out of season at the request of customers will void any warranty for those plants. J and F will point out in writing to the customer any requested planting that will void the warranty on those plants so affected by out of season planting. The customer reserves the right to request that plants that cannot be planted without voiding the warranty be exchanged or planted in the next plantable season without any additional costs being borne by the customer.
Plant Availability:
In some instances, some plants, shrubs, bushes, and trees may not be readily available to procure in time for the required planting period associated with the Contract. In that event, J and F will work closely with the customer to provide an approved substitution(s) – subject to availability. The customer will always reserve the right to request plants and related materials that are not locally available.
Plant Diseases:
Should the customer recognize ill health in the plants, shrubs, bushes, or trees that have been supplied under the Contract, it is the customer’s responsibility to immediately inform the J and F. J and F will determine the nature and source of the illness. If it is deemed that the plant was infected prior to installation ,J and F reserves the right to first use herbicides, fertilizers, and insecticides to return the plants to good health. Should efforts to restore the plant’s heath fail, the customer is entitled to a refund only. Due to plant availability, the customer assumes the risk and liability of rare specimens. However, J and F reserves the right to remove all or a portion of the warranty depending upon the nature of the source of the plant infections and the approved policies of J and F. In all cases, J and F shall work with the customer to minimize damage to the existing Contract related plants.
Plant Replacement:
J and F is entitled to up to one(1) year to source, match and replace dead or ill plants (due to scarcity). The customer reserves the right to either a full refund within one (1) year or wait for a suitable replacement. Should the plant be a matching pair or series, and it is not possible to replace, J and F agrees to replace all plants in the series or pair at J and F’s cost.
Lawns:
Topsoil and Stone Content While screened or quality topsoil may be used during lawn preparation, natural soil conditions often include rocks or stones of various sizes. We do not guarantee the removal of all stones regardless of size. Small to medium stones may remain after installation, and their presence does not constitute a defect in workmanship or materials.
Grade Adjustments:
Lawn preparation will follow the existing grade of the property. Grade changes will not exceed ±1 inch unless otherwise specified and agreed to in writing. If the customer desires a more significant change in elevation, a separate grading scope must be proposed and approved in advance.
Surface Settling:
Settling of soil can occur over time due to weather and natural compaction. These conditions are expected and are not considered warranty issues. Additional topsoil or grading in the future may be necessary and is not included in this agreement unless specifically stated.
Drainage and Water Flow:
While general grading may assist in improving water flow, we do not guarantee drainage correction unless specifically included in the scope of work. Any known drainage issues must be disclosed before work begins.
All new sod will be No.1 grade Michigan-grown Kentucky Bluegrass. New lawns that are under shade are not guaranteed. New lawns are guaranteed to be healthy at time of installation only. (Please refer to lawn information found in turn over packet) Should new sod be damaged due to animals (pets or wild animals, i.e. raccoons, skunks) the customer will incur all costs for replacement. Sod pegs can be installed for an additional fee to deter animals from causing damage. Pegs are not guaranteed to prevent damage from animals.
Hydro-seed is installed using a Kentucky Bluegrass seed mix specially formulated to increase germination & root development. **Hydro-seed is a slurry of seed mixed with mulch, fertilizer and tack that blankets the soil. It is not SOD and will take 2 years + with proper care to achieve the look and density of sod.**. We recommend fertilizing your new lawn for a minimum of 2 years. Please contact your account manager to set up this service. Once the lawn is seeded or sodded, it is the responsibility of the property owner to provide the proper watering, lawn care, mowing & maintenance. **It is possible that there may be some washout and or re-seeding needed by the property owner in order to achieve the status of a sodded lawn. It is common for weeds to show up in the hydro-seed lawn, those can be treated after 12 weeks. Lawns seeded in June through early August will see slower germination rates that those seeded in April, May, September.** We cannot guarantee the results of the lawnbecause the care that is provided and the weather conditions are beyond our control. We will not be responsible for acts of nature (heavy rain, extreme heat, drought) that cause damage to the lawn) Please call our office if you have any questions about watering, mowing or maintenance.
Water Plants:
Water plants are guaranteed for the same-planted season only.
Weeds:
J and F shall use its efforts to minimize any weeds, however, J and F shall not be required to inspect or otherwise ensure that there is no weed or other unwanted plant matter upon the customer’s property in any soil or root balls/planting container of plant materials, nor shall it provide warranty for the removal of existing weeds.
Horticultural Care Package:
The Horticultural Care Package provided by J and F is a guide for the care and maintenance of all planning provided. Failure to comply with the guidelines set out therein shall void any warranty or guarantee provided by the Contractor whether express or implied.
Replacement plant material:
J and F does not guarantee plant material that has been transplanted on site. Replacement pant material is not guaranteed.
Required Maintenance:
J and F will provide technical specification sheets on all materials and horticulture constructed, erected, implemented or planted on the site as part of the Contract. Failure to follow the recommendations with equal, equivalent or superior maintenance efforts, tools and resources will void any J and F warranty on items so affected. Where J and F recognizes that the customer lacks sufficient resources (water pressure, power outlets, and related) to enable the full maintenance and enjoyment of the materials, construction(s) and/or horticultural elements associated with this Contract, J and F will also inform the customer and recommend possible solutions. However, J and F is not obliged to be wary of such needs or to account for them in this Contract in terms of design, construction or costs, and the customer fully accepts responsibility for obtaining such knowledge and acting accordingly.
Water Supply:
Where water supply becomes an issue and negatively detracts from ponds, waterfalls, and other water features, the customer recognizes and agrees that such problems are the sole responsibility of the customer.
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Landscape and Snow management: ​
Lawn Maintenance: Includes twenty-seven (27) regularly scheduled lawn maintenance visits. Concrete walks/drives will receive mechanical edging during the growing season as conditions warrant.
Spring Clean up: One (1) visit to clean up landscape debris from winter and previous fall season.
Fall Clean up:Two (2) well-timed visits to remove leaves from planting beds and lawn areas during the fall season. Depending on the quantity, leaves are either mulched in the lawn areas or removed from site. Includes one (1) visit to cut down perennials and/or ornamental grasses.
Plant Bed Weed Control: Weeds in planting beds and cracks in pavement will be chemically treated by a certified applicator or manually removed over the course of eight (8) monthly visits during the growing season from April to October.
Tree and Shrub Pruning: Two (2) visits during the growing season to mechanically prune shrubs under (10) feet in height.
Turf Fertilization and Weed Control: A season long process which includes four (4) applications comprised of pre-emergent crabgrass control, as well as post-emergent broadleaf weed control, centered on balanced applications of controlled-release fertilizer. All fertilizers to be used are phosphorus free and incorporate organic materials.
Irrigation System Management: Includes system activation in the spring and system winterization in the fall. Unless otherwise specified, needed repairs/servicing will be billed on a time and material basis.
Snow Plowing Parking Lots: Seasonal price to plow parking lots, based on twenty-two (22) visits. Visits number twenty-three (23) and above will be invoiced at a per time price as listed as extra visit.
Private Sidewalk Snow Removal: Seasonal price to clear private walks based on twenty-two (22) visits. Visits number twenty-three (23) and above will be invoiced at a per time price as listed as extra visit.
Parking Lot Salting (Seasonal): Priority Level 3: Includes salting of parking lot area(s) based on twenty-five (25) visits. Salting to occur after snow plowing or when icy conditions may occur or be present.
Private Sidewalk Salting (Seasonal): Priority Level 3: Includes salting of private sidewalk area(s) based on twenty-five (25) visits. Salting to occur after snow clearing or when icy conditions may occur or be present.
Parking lot Salting (extra visit): For visits after twenty-five (25) a rate of 4% of original contracted service amount will be billed per occurrence for parking lot salting.
Private walk way Salting (extra visit): For visits after twenty-five (25) the following 4% of original contracted servicewill be billed per occurrence for parking lot salting.
Irrigation Maintenance: Billed on a time and material basis.
Hardwood Shredded bark installation: Includes bed redefining, installation of 1.5"-2" hardwood shredded mulch and any associated clean up.
Color Enhanced Bark Installation: Includes bed redefining, installation of your choice of Red, Black or Brown color enhanced bark mulch, and any associated clean up.
This document outlines J and F Lawn and Snow Service’s. Standard Terms and Conditions (“Terms”). All services performed by J and F are subject to these Terms unless otherwise noted in the proposal. Customer’s written initiation of the services detailed in a proposal shall constitute a binding agreement (“Contract”) between J and F and the Customer, subject to these Terms. These Terms supersede all previous oral and written agreements made before the date of the Contract as well as any conflicting Customer provided terms. It is the Customer’s responsibility to review these Terms. All desired addendum / change orders must be made in writing and signed by both parties to be enforceable.
“Landscape Management” and “Snow & Ice Management” seasons are presumed to cover the time periods April 15 through November 30, and November 15 through April 14, respectively.
Unless otherwise specified or requested, J and F will invoice Customer near the fifteenth (15th) and thirtieth (30th) of each month. The first invoice will include the monthly installment and any additional services rendered through the date of invoice. The second invoice is only generated if additional services are rendered after the first invoice of the month. Customer agrees to pay 1.5% finance charge (18% APR) on accounts past the due date each month until the balance is paid in full. Charges for work completed outside the current invoicing period are still valid in their full amount.
Customer understands and agrees that delays in payments made to J and F may result in suspension of services, and appropriate legal action being taken to collect monies owed to J and F. Customer agrees that costs of such legal action, including without limitation, lawyer’s fees, costs, and expenses of suit or collection, will be Customer’s obligation to pay when J and F is the prevailing party in any litigation. Any checks that are returned to J and F for insufficient funds will be accessed an additional $25.00 service fee. This service fee will be added to the Customer’s account balance and become due immediately.
All work will be completed to the specifications outlined in the proposal and these Terms. Additional specifications such as call or check-ins requirements, service logging/reporting, specialized invoicing, or any other special consideration which causes J and F to incur additional cost may be subject to a proposal revision or additional fee.
In the event Customer is not satisfied with workmanship or quality, J and F will investigate and remedy the concern if the work has not been completed to the specifications of this agreement. If the specifications of the Contract are not directly applicable to a disagreement, the industry standard, as determined by J and F from its experience with other Customers, will dictate whether the work is satisfactory.
Customer is aware some services, such as, but not limited to Core Aeration and/or Plant Installations, may result in unpreventable damages to unmarked irrigation systems, utility lines, drain tile, or other unmarked below-grade utilities. J and F shall not be responsible for the cost of repairing these items if they are not properly and clearly marked or flagged. If requested, J and F can mark underground obstacles for an additional fee. J and F will always exercise reasonable care and caution. For services requiring excavation to a depth greater than ten (10) inches, J and F will contact the appropriate utility company to mark underground public utility lines which include gas, electric, telephone/cable, and sewer. This service will be included in the proposal unless otherwise stated. Private lines, such as irrigation, drain tile, and other non-public utilities, are not included in this service but can be staked for an additional fee. Customer understands that there may be unforeseen, additional costs associated with project work.
Customer shall notify J and F in writing, within twenty-four (24) hours of discovery, of any damage to Customer’s property, including irrigation system, suspected to be caused by services performed. J and F shall not be liable for any damages unless given opportunity to investigate and repair. The quality of repairs is to be governed by industry standards as stated above.
All materials, i.e. irrigation parts, green material (plants, trees, turf, and any other living “material”), landscape materials, carry a one (1) year warranty from the date of installation unless otherwise specified. Warranty claims will only be considered if payment for the work has occurred and Customer account is current. Improper care, tampering, vandalism, or any other event which is outside J and F control, including involvement of a third party, will render the warranty null and void. The warranty does not cover green material that is not watered by an automated, professionally installed, operating irrigation system unless other provisions for this care have been discussed and approved by J and F in writing. This warranty does not cover annuals, or bulbs. Provided the above stipulations are met and/or not violated, J and F will complete a one-time only replacement of the green material. An additional labor charge for green material removal and reinstallation will apply. Timing of replacement may, at J and F discretion, be predicated upon seasonal availability and weather conditions.
The Contract may be terminated or modified by Customer only as follows: For non-service related termination, ninety (90) day written notice of intent to terminate the Contract is required to avoid a termination fee. (Termination fee is to be ten (10) percent of the greater of current contract value or previous annual billings.) In the event Customer wishes to terminate the Contract for service delivery and/or quality issues, written notice to J and F of intention to terminate Contract and specific violation(s) of work specifications is required. J and F will be allowed thirty (30) working days after said notice to correct cited violation(s). If after thirty (30) working days the violations have not been corrected or satisfactory arrangements for the completion thereof made, the Contract may, at the option of the Customer, be terminated without fee. In the event of termination of any kind, J and F will evaluate the value of work completed to date and generate a final invoice. Payment in full for all installments and/or services performed to date of termination and any applicable termination fee shall become due in fifteen (15) days.
J and F reserves the right to terminate the Contract without notice in the event of Customer’s failure to make timely payments, and/or actions by Customer to circumvent, interrupt or otherwise adversely impact, any relationship between a subcontractor and J and F . In addition, abusive or threatening behavior towards J and F will not be tolerated and will be grounds for immediate Contract termination and the imposition by J and F of the termination fee described in paragraph 10 above.
J and F is licensed and insured. Proof of insurance is available upon request.
J and F office hours are Monday thru Friday, 8:00 AM to 5:00 PM. A 24-hour answering service may be utilized through the automated menu for emergencies. Hours of operation for Landscape Management Services are Monday thru Friday, 7:00 AM to 5:00 PM. Winter operation hours are 12:00 AM to 5:00 PM Monday thru Saturday and 12:00 AM to 7:00 AM on Sundays. Winter operational hours may vary with weather conditions. Work requests or special services which need to be completed outside of operational hours may be subject to an additional fee.
J and F reserves the right to add a fuel surcharge (not to exceed 3%) to hourly rates and monthly contract invoices should fuel prices exceed an average of $4.00 per gallon in any given calendar month as determined by http://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r20_m.htm. This surcharge is applicable regardless of Contract billing type.
SNOW SERVICES:
A proposed price for snow plowing is for plowing of parking areas and/or driveways only. Unless specifically stated, sidewalk shoveling is not part of the proposed price. It does not include salt spreading services or front-end loader service unless specified, however these services are available at an additional charge. For the purposes of these Terms, references to “snow clearing” or “clearing” shall refer to plowing and/or shoveling.
Customer agrees to allow J and F to decide if clearing is warranted based upon snow accumulations at the site where clearing is to take place. Customer waives any claim against J and F based on such decision, and agrees to indemnify J and F for any claims brought against J and F by any third party based, directly or indirectly, on such decision, such indemnification to include payment to J and F of all attorney fees and other costs incurred in defense against such claims. J and F will exercise its best judgment based upon weather forecasts and existing conditions at the time. Customer is aware that weather may change rapidly and without notice. Changes in weather conditions are considered to be an “Act of God” for which J and F assumes no liability.
Unless otherwise specified, snow clearing services will be dispatched at one and three quarters (1.75) inches of new snow accumulation and visits occur at two (2) inches of new snow accumulation. Quoted rate is for clearing that is done as part of a regular service when all other accounts are being checked or cleared. Weather conditions permitting, snow services will be performed between the hours of 12:00 AM and 7:00 AM. Customer acknowledges the timeliness of services may be affected by late snowfall, wet/heavy snow, elevated accumulations, fast accumulating snowfall, equipment breakdowns, or other unforeseen and uncontrollable circumstances. J and F reserves the right to limit services during business hours due to the increased opportunity for accidents to occur. Customer is expected to have communicated daytime service requirements to J and F prior to proposal generation and signing.
Special request clearings for reasons such as clearing an area where cars were parked when original clearing occurred, clearing areas where ice and snow pack has loosened to slush, clearing areas which have snow accumulation due to drifting, and any other reason other than new snow accumulation of two (2) inches will be subject to a minimum charge determined by J and F . This is due to the fact that J and F operators are paid a two (2) hour minimum when called out for special clearings. Upon request, J and F can add these services to the Contract for an additional fee.
J and F reserves the right to make only one visit per 24 hours. In the event of significant snowfall over a prolonged period of time, return visits may be made only after all properties serviced by J and F have been cleared at least once. Should snowfall exceed eight (8) inches of new accumulation during a 24-hour period, plowing and shoveling services may be billed on a time and material basis as larger equipment will be needed to properly clear the snow. This may also apply to situations where less than eight (8) inches of new accumulation occurs, but due to drifting snow or layout of area, equipment other than the standard plowing equipment factored for the Contract, becomes required to safely and effectively clear the contracted area
Customer is presumed to know the property boundaries. J and F will clearly stake the areas to be plowed as needed. In the event the areas staked are erroneous, it is the responsibility of the Customer to inform J and F of any errors. Should Customer fail to inform J and F , or give reasonable notice in the event that an error needs correcting, Customer agrees to defend and hold harmless J and F for any and all trespasses or damage that may result.
J and F will clear snow from surfaces only in areas where it is deemed safe. To avoid damage, there will always be a small strip of snow along garage doors and other objects/buildings that will not be plowed. In the event J and F is unable to clear the entire contracted area due to obstacles outside of J and F control, such as parking spot(s) between two (2) parked cars, or the open half of a 2-stall driveway with a vehicle parked in it, only areas accessible and safe will be cleared. J and F does not prorate services in this instance.
It is presumed the Customer understands that snow plowing by its very nature involves pushing a steel blade over the surface of the pavement. If the pavement is defective, deteriorated, weakened, frost heaved or was installed improperly, the results of these previous conditions are more likely to appear after snow plowing. Customer is responsible for all damages to, or resulting from objects hidden in the snow such as but not limited to; speed bumps, manhole covers, or truck chocks. In addition to the general scraping damages which are expected from normal plowing, J and F accepts no liability for any damages occurring as a result of plowing asphalt before the final coat.
Customer allows J and F to use best judgment as to where snow should be stored unless otherwise specified. If Customer does not believe snow should be stored in a particular area of the property, it is their responsibility to make J and F aware of this preference prior to proposal generation and signing. If a small number of snow storage areas are designated, Customer is aware that additional damage may be caused to the landscaping as a result of all the snow being piled in only a few places. Customer agrees to pay for the associated repair costs which are above and beyond the standard expectation, as determined by J and F . Additionally, J and F operators are only authorized to operate equipment on paved surfaces. Customer will be responsible for all landscape repair costs resulting from instructing/requesting J and F operators to leave the paved surface to store snow, or for any other purpose.
J and F does not accept responsibility for property damages resulting from the weight of snow and ice. This includes snow and ice plowed / moved by J and F in the normal course of fulfilling a Contract or completing additional services requested by the Customer. J and F will only accept responsibility for damaged property when there is clear visual evidence an impact between J and F equipment and the damaged object has occurred. In some cases, it may be necessary for J and F to reenact the suspected incident, with the corresponding equipment, to determine the validity of a claim. Please reference paragraph 8. for additional stipulations.
Customer understands that sidewalk crews may not work safely if temperature and wind conditions combine to make wind chill factors below zero (0) degrees Fahrenheit. Customer agrees and understands that J and F reserves the right to stop working in these severe conditions (without penalty) so as not to force unsafe conditions upon employees.
Customer understands that clearing and/or salting of a particular location may not clear to “bare pavement” and slippery conditions may continue to prevail even after clearing or salt application. Unless otherwise stated, it shall be the responsibility of the Customer to notify J and F in the event that weather conditions cause melting and re-freezing of any previously treated surface area. Customer understands that J and F assumes no liability for this naturally occurring condition and agrees to release J and F from liability therefore and to defend and hold harmless and indemnify J and F , its owners, employees, officials, successors, assigns, and contractors, from and against all claims that may arise as a result of or are in any way related to this naturally occurring condition.
Unless otherwise specified, J and F will make one (1) visit after the end of the “Snow & Ice Management” season to remove plow stakes and repair landscaping damage resulting from snow clearing. Customer understands that lawn and landscape areas which are damaged will take time to return to their original state and this condition is a normal and expected consequence of snow plowing. Lawn areas will be repaired with top soil, grass seed, and beneficial penn mulch. Existing sod pieces will be used to aid in repair but at no point will J and F furnish new sod to repair damages. J and F is not responsible for damage to landscaping caused by salt residue run-off, salt overspreading, or soil contamination as the frequency of the salting applications is directed by Customer. J and F is also not responsible for gravel, sand, dirt, or other deposits remaining in a snow storage area after snow has melted. If damage is extreme and the result of Customer instructions, it will be the responsibility of the Customer to pay for the necessary repairs.
If requested, specialty equipment and hauling trucks are available upon request. Equipment is priced per hour with a minimum of two (2) hour charge. When completing these specialty services, J and F cannot and will not accept responsibility for objects in the snow or for any damages to the customer’s property resulting from the work customer has requested J and F complete. This is due to the work regularly requiring large equipment and significant force in order to accomplish the customer’s objective.
Equipment Rates are:
Loader: $250
Skidsteer $175
Haul off - pricing varies
J and F reserves the right to add a salt surcharge for contracted salting services when there are significant changes in product availability and regional pricing. This surcharge is applicable regardless of Contract billing type.