This contract may be used by a contractor providing snow removal services to a customer. The contract sets out the terms and conditions of the contract such as the commencement date, fees and the termination date of the contract.
This Contract for Snow Removal Services sets out the terms, and conditions of the contract such as the commencement date, fees and the termination date of the contract. This document in its draft form contains numerous of the standard clauses commonly used in these types of agreement, as well as optional language to allow for customization to ensure the specific terms of the parties’ agreement are addressed. Individuals companies, and businesses that provide snow removal services, or persons wanting snow removal services should use this agreement. CONTRACT FOR SNOW REMOVAL SERVICES THIS SNOW REMOVAL CONTRACT (the “Contract”) dated the ____ day of ______________, _____, [Instruction: insert date] by and between ___________________ [Instruction: insert name of Contractor] (the “Contractor”) and _________________ [Instruction: insert name of Customer] (the “Customer”). IN CONSIDERATION of the promises and other good and valuable consideration set forth, the parties agree as follows: 1.0 SERVICES TO BE PROVIDED 1.01 The Contractor hereby agrees to provide snow removal services (the “Services”) to the Customer at the Customer’s Premises located at ____________________________ [Instruction: insert premises address] (the “Premises”) as set out on Schedule “A” annexed hereto pursuant to the terms and conditions of this Contract. 1.02 The Contractor shall apply the standards and customs of the snow and ice removal industry while performing the Services for the Customer. 2.0 COMMENCEMENT OF SERVICES 2.01 The Services will be commenced by the Contractor when a snowfall occurs which delivers not less than ______ (___) [Instruction: insert measurement in inches] inches of snow on the Premises. 2.02 The Contractor agrees that it shall monitor the weather conditions in the vicinity of the Premises and perform the Services in accordance with the Services contained on Schedule “A” annexed hereto. 3.0 FEES 3.01 The Customer acknowledges and agrees that the Contractor shall invoice the Customer on a monthly basis by the ________ (____) [Instruction: insert number to indicate day of the month] day of each and every month until the Termination Date, as defined herein, of the Contract. 3.02 The Customer will pay to the Contractor for the performance of the Services, a monthly fee of _______________ ($_________) [Instruction: insert dollar amount] Dollars (the “Fees”) in relation to an unlimited number of snowfalls. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 2 3.03 The Customer agrees that it shall pay the monthly invoices received from the Contractor for the Services within ____ (_______) [Instruction: insert number of days] days of receipt of such invoice. The Customer will pay the Fees to the Contractor with cash, check or credit card. 3.04 The Customer acknowledges that a late payment fee of _____ percent (___%) [Instruction: insert percentage] percent will be added to each invoice which remains unpaid after _______ (___) [Instruction: insert number of days] days of receipt by the Customer. Interest will accrue on any unpaid invoices at the rate of _____ (___%) [Instruction: insert percentage] percent per month. 3.05 The Customer acknowledges that it will be solely responsible and liable for any and all costs and fees incurred by the Contractor for the collection of any unpaid invoices. 3.06 In the event any of the Customer’s checks are returned by Customer’s bank for any reason (including insufficient funds), the Customer will be charged a NSF fee of _______ ($_______) [Instruction: insert dollar amount] Dollars per returned check. 4.0 TERM 4.01 This Contract shall commence on the ____ day of _________, ____ [Instruction: insert commencement date] (the “Term”) or on such other date as the Contractor and Customer may in writing agree and shall terminate on the ____ day of __________, ____ [Instruction: insert termination date] (the “Termination Date”). 4.02 Either the Contractor or the Customer may terminate this Contractor for any reason, by providing _______ (___) [Instruction: insert number and then select appropriate day or week measurement] days’/weeks’ written notice to the other party. Upon termination of this Contract, the Contractor shall continue to provide the Services to the Customer until the end of the _______-day/week [Instruction: insert number and then select appropriate day or week measurement] period. 5.0 INSURANCE 5.01 The Contractor shall at all times while performing the Services for the Customer, maintain at the Contractor’s sole expense, comprehensive general liability insurance in the minimum amount of _____________ ($________) [Instruction: insert dollar amount] Dollars for any occurrence of bodily injury, death, or property damage. 5.02 The Contractor agrees that it shall provide evidence of such insurance coverage to the Customer upon the Customer’s request to the Contractor. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 3 5.03 The Contractor will, at all times while performing the Services, maintain all of the required workers compensation insurance on any of its employees or sub- contractors. 6.0 PERMITS AND LICENSES 6.01 The Contractor agrees that it shall, at all times while performing the Services for the Customer, comply with all applicable laws and regulations of the governing jurisdiction which relate to the Services being performed by the Contractor. 7.0 PROPERTY DAMAGE 7.01 The Contractor will be responsible for and will restore, at the Contractor’s sole expense, any and all damage to the Premises which may be caused by the Contractor in the performance of the Services contemplated herein. 7.02 The Customer acknowledges that some damage may occur to the Premises as a consequence of the performance of the Services by the Contractor. 8.0 INDEMNIFICATION and FORCE MAJEURE 8.01 The Customer hereby agrees to indemnify and hold the Contractor harmless from and against any loss of the performance of the Services by the Contractor due to weather, strikes, accidents, acts of god, or other events which are not in the control of the Contractor. 8.02 The Customer expressly waives the right to claim against, for, or be indemnified by, the Contractor from and against any other claims. Customer further agrees to indemnify and hold harmless the Contractor and its agents and employees from and against any claim for damages which are not caused by the negligence or breach of this Contract by the Contractor, or by anyone for whom the Contractor is responsible in law. 9.0 GENERAL PROVISIONS 9.01 The Contractor and the Customer may not assign this Contract or any part thereof to any third party without the prior written consent of the other party. 9.02 Entire Agreement. This Contract and the schedules referred to herein constitute the entire integrated agreement between the parties and supersede all prior agreements, representations, warranties, statements, promises, information, arrangements, and understandings, whether oral or written, express or implied, with respect to the subject matter hereof. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 4 9.03 Severability. Each provision of this Contract is intended to be severable. If any provision hereof is illegal or invalid, such illegality or invalidity shall not affect the validity of the remainder hereof. 9.04 Arbitration. The parties agree that any disputes or questions arising hereunder including the construction or application of this Contract shall be settled by arbitration in accordance with the rules of the American Arbitration Association then in force, and that the arbitration hearing shall be held in the county in which the principal office of the party requesting arbitration is located. 9.05 Governing Law and Consent to Jurisdiction. This Contract shall be governed by and construed in accordance with the laws of the State of ______________ [Instruction: insert state name] without regard for any conflicts of laws provisions. Both parties voluntarily agree to submit to the jurisdiction of Federal and state courts located in the State of __________ [Instruction: insert name of state]. 10.0 Entire Agreement. This writing, along with Schedule “A” annexed hereto, contains the entire agreement between the parties concerning the snow removal services described herein. Any addition or modification of this Agreement must be made in writing and signed by both the parties. IN WITNESS WHEREOF the parties hereto have duly executed this Contract as of the day and year first written above. ____________________ [Instruction: insert Customer’s name] ____________________ [Instruction: insert Contractor’s name] Per: Name: ____________________ [Instruction: insert name of individual who will sign on behalf of Contractor] Title: __________________ [Instruction: insert the title of individual who will sign on behalf of Contractor] I have authority to bind the Company. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 5 Schedule “A” © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 6
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