Service Terms & Conditions

Snow Plowing Terms of Service

Under normal conditions, snow plowing can be completed by 7:00am as long as there is the contracted depth of accumulation by 11:00 pm.

– Services are performed during the hours of 11:00pm – 7:00am.

– Accumulation occurring after 11:00pm may be cleared by 7:00am.

– Generally, no plowing is completed between 2pm and 11pm during continuous snow events so our staff can obtain appropriate rest. MJR reserves

the right to adjust these non-service hour times at our discretion.

– MJR will service once during a 24-hour period, with the possible exception of extreme conditions. Snow plowing will be handled either day or night,

at our sole discretion. For 1” snow depth triggers, MJR may service multiple times during a 24-hour period.

– It is recommended that parking areas be free of vehicles during time of service. Vehicles parked in the service area will affect MJR’s ability to

thoroughly plow, and place snow in appropriate or agreed upon areas.

– Requests for unscheduled or extra snow plowing requests can be performed at an additional cost of $125 per hour (including travel time) for a

plow truck.

– Loader services are available for $185 per hour, including travel time, with a 4-hour minimum project.

– For safety reasons, for residential driveways located in high-traffic areas, MJR reserves the right to service only from 11:00pm – 7:00am.

– MJR will plow as close to garage doors, sides of the driveway and other obstacles as the MJR operator deems safe.

– During times of heavy snow, it will take us longer to complete our work. Delays are to be expected during times of heavy snow

– Drive entrances will be checked the night following snow events and will count as a service.

– The bulk of snow will be cleared from contracted surfaces; however, this does not guarantee a slip-free surface.

– Client agrees not to remove marker stakes if they are placed on the property. If marker stakes are removed, Client agrees that MJR is not responsible

for damage to those areas.

– Shoveling will be completed within 24 hours of a snow event under normal conditions.

– All damage must be reported within 48 hours of MJR servicing the property.

– Services can be cancelled by MJR Landscape for any reason with a 15-day written notice.

– MJR reserves the right to hire a licensed third party to service your property.

Snow Plowing Services

Service levels vary largely based on the level of attention and anticipation required for Client facility.

Level 1 – “Zero Tolerance – Slippery Conditions Possible”

– Our highest level of service.

– This service requires long-term planning months in advance.

– A crew is dedicated to you and a smaller number of other facilities for the duration of the snow event.

– Services include anti-icing service using a liquid or granular pre-treat.

– Deicing is performed as appropriate through a storm, assuming it is not snowing hard enough to be ineffective.

– The goal is to have bare and wet pavement as soon as possible during (if possible,) and after a snow event.

– 70-120 salt services should be expected during a normal winter

Level 2 – “High Touch – Slippery Conditions Likely”

– This is a high level of service that focuses on having snow cleared during a normal business day.

– MJR will use a combination of snow plowing and deicing/anti icing to achieve this.

– It can be generally expected that the property will be serviced at least once before and once during the business day.

– The goal is to have the lot as clear as possible during the business day, and bare and wet as soon as possible after a snow event.

– 50-90 salt services should be expected during a normal winter.

Level 3 – “Standard Industrial – Slippery Conditions Present or Imminent”

– 1.0” plow trigger.

– Salt post-plow and salt only when less than 1.0”

– De-icing services will be triggered when slippery conditions exist

– 40-70 salt services should be expected during a normal winter

Level 4

– 1.5” plow trigger

– Plowed 1x per day at night.

– Post-plow salt only

Level 5

– 1.5” plow trigger

– Plowed 1x per day at night.

– No salt

Level 6

– On call

Snow Plowing Communication

– Client understands that during snow events, an MJR representative may not be immediately available to respond to phone calls or emails.

– Calls will be returned as soon as possible during.

Snow Plowing Damage Policy – Disclaimer of Liability

– Client recognizes that plowing requires dragging a steel blade across a paved surface and is not without risk.

– Client agrees that MJR Landscape is not liable for damage to paved or unpaved surfaces, manhole covers, curbs, sidewalks, drains, pipes, wires, cables, or anything else underground or above ground that is not clearly visible and clearly marked.

– If the client’s drive or lot is not paved or in poor repair, MJR is not responsible for stone, gravel, turf, asphalt, concrete, or mud that gets displaced.

– MJR is not liable for damage to driveways, sprinkler heads, curbs, turf, or sidewalks caused by snow plowing including rust marks.

– MJR will return in late March or early April to repair damage to turf made by plows.

Snow Plowing Service Limitations

– Client understands that snow plowing or salting/de-icing of a particular area may not clear the area to “bare pavement” and that slippery conditions may continue to prevail even after the snow plowing or salt application.

– Client understands that MJR assumes no liability for this naturally occurring condition.

– Client agrees to defend and hold harmless MJR for any and all trespasses or suits that may arise as a result.

Snow Plowing Payment Terms

– Contracts/Service Agreements auto-renew on expiration as one-year contracts unless written notice is provided by either party. – De-icing (salting) rates are subject to increase or decrease depending on market fluctuations and product availability.

– Terms on invoices are NET 15 – due within 15 days of the invoice date. Finance charges of 2% per month will be calculated on past-due balances. Service will be suspended on past-due accounts aging 30 days past the invoice date.

– Client understands and accepts that delays in payments may result in appropriate legal action. Client understands and agrees that costs of such legal action, including without limitation lawyer fees, costs, and expenses of suit or bringing suit, will be passed on to the client and client agrees to this condition.

– MJR reserves the right to attach a fuel surcharge to our accounts.

– Pre-payments are non-refundable

– Contracts can be cancelled by the Client with a 30-day written notice and payment of the remaining prorated balance due on the contract, including the minimum estimated number of deicing services listed on Client service agreement/contract.

Snow Plowing – Extreme Weather

– During times of extreme weather (blizzards, polar vortices, etc.) MJR may need to adjust how we operate to ensure crew safety. This includes but is not limited to:

• Limiting deicing services if deicing will be ineffective due to temperature
• Limiting shovel service, or limiting hours or times services are completed
• MJR cannot list every scenario, but will make every effort to communicate any plans or adjustments if the situation arrives.

– During times of storm/blizzard (8” or more in 24 hour period), MJR reserves the right to service your property multiple times during the storm.

• These will be counted as individual services.

– Additional equipment may be required to service these events and may be used at MJR’s sole discretion.

• This includes but is not limited to: heavy equipment, snowblowers, and dump trucks.
• This service is done at an additional charge to Client. ‘

Snow Plowing Disclaimer of Liability Provisions

In performing services to client pursuant to this contract, contractor shall not be responsible nor liable to client for damage to any underground or invisible equipment or items of any kind installed on, in or under client’s property, including, but not limited to, underground sprinkling systems, underground wires, underground cable, underground pipes, or any other items whether underground, at the ground surface or above ground that is not readily visible by contractor’s employees as they perform the ordinary services to be rendered pursuant to this contract. In the event any such equipment or items are not the property of the client, client shall save and hold contractor harmless from any claims made by the owners, thereof, as a result of any such damage. Any underground equipment or items properly installed at sufficient depths will most likely not be damaged; however, the above disclaimer of liability shall include damage to any such equipment or items, whether properly installed or not.

THE CONTRACTOR MAKES NO WARRANTIES OF ANY KIND OR NATURE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY, ARISING FROM THE SERVICES PERFORMED OR PRODUCTS USED PURSUANT TO THIS CONTRACT, AND CONTRACTOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Snow Plowing Warning

The snowplowing, snow removal, salting and/or de-icing services (the Services) to be performed by MJR Landscape (Contractor) to you (Client) will remove sufficient snow and ice to cause the surfaces of client’s driveway, parking lot, and/or sidewalk (the Surface) to be usable and passable by vehicles, and where appropriate by pedestrians; however, because of the nature of snow and ice, Contractor’s equipment does not, and Contractor is not required to, remove all of the snow and ice from the Surface. The Surface in most cases will have, after the Services have been performed, a film or buildup of snow, and possible ice, on it which may leave the surface in a slippery and dangerous condition. Snow piles, mounds and ridges will be created as a result of the snow plowing Services. These piles, mounds and ridges will melt causing water runoffs that may freeze, resulting in slippery and dangerous conditions. The snow piles, mounds and ridges themselves may create dangerous, hazardous, and inconvenient conditions, as well as attractive nuisances. The Client, not the Contractor, is solely responsible to remove any dangerous, hazardous or inconvenient conditions and attractive nuisances created by such snow piles, mounds and ridges, such as, for example, hiring Contractor or another snowplowing service, to move, stack, or remove such snow piles, mounds and ridges.

CONTRACTOR SHALL NOT BE RESPONSIBLE, NOR LIABLE, TO CLIENT, CLIENT’S GUESTS, CUSTOMERS, INVITEES, EMPLOYEES, OR ANY OTHER PERSONS OR ENTITIES FOR DAMAGES, INJURIES, LOSSES, DEATHS, OR CLAIMS OF ANY KIND OR NATURE CAUSED BY THE CONDITIONS OF THE CLIENT’S SURFACES, OR BY THE SNOW PILES, MOUNDS