Terms and Conditions
for Snow Removal
Terms and Conditions: Blue Planet Lawn will provide snow removal withing 24 hours of a snow event with snow accumulation on the ground according to local regulations. All Material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practice. Any alteration or deviation from specifications involving extra costs will be executed only upon written orders. This estimate does not include material price increases, or additional labor and materials which may be required should any unforeseen problems arise after the work has started. In the event of an unforeseen increase in the price of other goods, Blue Planet Lawn reserves the right to increase prices on contracts upon notification to Client.
Terms: The terms of this agreement shall be from 11/1/ to 03/31 of the current winter season. At the end of the Initial Term, this agreement will automatically renew for another Term unless Client provides written notice of termination. The renewed contract will increase by 5% or the current rate of inflation per renewal, whichever is less. The parties agree that either party may terminate this agreement with or without cause upon 30 days written notice to the other party. Upon termination of this agreement, all monies for prorated services of monthly installment contracts, and regular services for per service/range billing contracts, that have already been rendered shall be due immediately.
Termination For Breach: The parties agree that either party may terminate this agreement in the event of a material breach. The breaching party will have thirty (30) days following receipt of written notice by the non-breaching party to remedy or desist the breach before the on-breaching party may terminate the agreement. Upon termination, all fees for services previously rendered will be due immediately. In the event of an early termination all prorated services of monthly installment contracts will be billed according to the work that has been completed, as well as 2 months contracted services.
Billing and Payment: Monthly installment contracts will be invoiced at the end of each month. Per service and per hour charges will be billed separately and included on a monthly invoice that will be submitted at the end of each month or after the service is completed. The total payment is due upon receipt of the invoice. A convenience fee may be applied for debit card or credit card payments. A finance charge of 10% per month will be assessed on account balances after 30 days. A $25.00 fee will be charged for all returned checks. We reserve the right to discontinue services at any time for any accounts that become past due.
Mediation/Arbitration: Any dispute regarding the quality of Blue Planet Lawn LLC’s workmanship shall be referred to mediation or nonbinding arbitration prior to the Client filing suit in a court of law.
Liability Limitation Clause
To the fullest extent permitted by law, Blue Planet Lawn shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the performance of snow removal services, including but not limited to, damages for loss of use, revenue, or profit, regardless of whether such damages were foreseeable. Furthermore, Blue Planet Lawn's total liability to the Client for any claim arising under or related to these services shall be limited to the total amount paid by the Client for the specific snow removal services rendered during the contract period. The Client acknowledges and agrees that snow removal services in winter conditions can be inherently dangerous and that Blue Planet Lawn does not guarantee the complete removal of snow or ice nor the prevention of accidents. The Client assumes all risks associated with adverse weather conditions and agrees to hold the Service Provider harmless from any claims, liabilities, damages, or expenses incurred as a result of the services provided.
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Attorney Fee Provision: Client understands and accepts that legal action may result in an attempt to enforce any provisions under this agreement.
