Terms and Conditions for Residential Snow Removal Contracts
After a snowfall accumulation of 5 cms or more over an entire route, snow clearing activities will commence, with a follow-up visit(s) being performed after city plows and sidewalk cleaners have passed and completed all cleanup operations. The timing of service visits will vary from storm to storm, depending upon the timing of the snow. Edgewood Group Inc. (herein after referred to as the “Contractor”) shall be permitted to remove snow from your property at any time of the day or night. The contractor provides no guarantees as to time of clearance due to the nature of snow removal and changing weather conditions. The contractor will begin clearance as soon as conditions allow after the accumulation noted above is reached in its sole discretion. It takes time for the contractor to attend all properties in its route therefore it may be a number of hours or up to a full day after the accumulation level is reached before service is rendered to a property. This timeframe is not guaranteed, and may be even longer than 24 hours in circumstances of extreme weather, equipment failure, personnel scheduling and emergencies, or any other circumstance beyond the contractors control. Should the customer decide to clear their own driveways or walkways prior to the planned visit by the contractor, the contractor shall bear no liability for that clearing attempt and will still visit the property and mark it as complete. That visit shall be deemed as complete service for the property. There are no guaranteed number of clearings per season provided by the contractor. The frequency of clearings is determined by accumulation only and not timeframe. A disagreement of timing, frequency or quality of service shall not constitute a breach under this agreement due to the unpredictable nature of a weather based service.
Snowblowing means blowing snow from the described physical area to any permissible area nearby. If inadequate space exists on your property for storage of snow – either at the onset of the season or as the season progresses – you agree to allow the Contractor to use space on the side of the driveway or you agree to make alternate arrangements for storage of snow with a neighbour. No loading or transport of snow, sanding, salting, de-icing or hand shoveling is included in this contract unless otherwise specified. No removal of snow piled up from roof clearing, decks, neighbouring properties or any other form of snow buildup not normal for the driveway area will be included.
In the event that vehicles are parked in the driveway, snow will only be cleared for accessible areas opening onto the street.
In the event that children are playing in the area where snow will be blown, service will not be provided until children clear the area.
The term of this contract is from November 15th to April 1st (holidays included) of the indicated season. Snowfall present at the beginning of the contract does not qualify for removal by the contractor. Snowfall that falls on the last day of the contract that exceeds the 5cm accumulation trigger before midnight of the final day will be cleared. Snowfall of less than 5cm that falls on the final day of the contract before midnight will not be cleared. The contractor will at its own option provide service for snowfalls exceeding the 5cm threshold outside the included time window where personnel and equipment are available.
Walkway shoveling service, if included in this contract, is performed separate from the driveway clearing service. Crews will commence shovelling walkways at the end of each snowfall of 5 cms or more and may take up to 24 hours from the end of the snowfall to complete their routes. This service does not include the removal of snow accumulation resulting from roof cleaning, drifting snow, nor the removal of ice from the walkway resulting from freezing rain, sleet, or compaction. Hand shoveling of snow from porch areas may entail additional charges.
Additional services requested by the homeowner may be done at an additional charge at the discretion of the contractor (ie. request for individual cleaning when a vehicle is moved upon return from a vacation; request for removal of snow shoveled from a roof or walkway after the snowblower has already passed, request for removal of city plow windrows or request for removal of snow accumulations less than 5 cms on a non-snow day).
Removal of drifted snow is the homeowner's responsibility.
The client or homeowner agree to allow the contractor to install 2 driveway markers at the beginning of every snow removal season. The absence of these markers will not affect the service. The timing of the installation of these markers will be at the discretion of the contractor and may occur anytime during the contract timeframe. Markers damaged thereafter by the Contractor’s equipment will be replaced free of charge. Markers damaged by homeowner will be replaced at a cost of $10/marker. Edgewood may place additional stakes to mark the edge of a driveway if that edge is otherwise not defined by a garage corner or otherwise. Edgewood does not place markers to mark steps (see below), lawn sprinkler heads, shrubs, flower beds, or any other obstruction that may be covered by snow. These types of obstructions are the responsibility of the homeowner to mark with markers exceeding the height of the expected snow depth, at the beginning of the season. Failure by the homeowner to mark obstructions will make them liable for damage to those obstructions and damage to Edgewood Group Inc. equipment.
Due to the risks posed by our equipment to immoveable property, you accept that our drivers will stay no less than two (2) feet away from garage doors and other obstructions at all times.
The Contractor shall exercise due diligence in the performance of its work to avoid damage to property. To assist the Contractor in preventing damage it is your responsibility to keep the snow removal area (ie. driveway) free of all objects. In particular, the Contractor shall not be held responsible for damages, including but not limited to, the following:
The Contractor shall indemnify and hold harmless you, your agents and employees from and against any claim for damages arising from an occurrence of bodily injury or death or the destruction of tangible personal property provided that the damages are caused by the negligence or breach of this Agreement of the Contractor or anyone for whom the Contractor is responsible in law and provided that the Contractor is given notice of the claim by you within a reasonable time following the occurrence, but in any event within 72 hours of you first acquiring knowledge of the circumstances of the claim. You expressly waive the right to be indemnified by the Contractor and agree to indemnify and hold harmless the Contractor, its agents and employees from and against any claim for damages save and except those which arise due to the negligence or breach of this Agreement of the Contractor and as are described in this paragraph.
You expressly acknowledge that you have physical possession of, are responsible for, and have control over the condition of the Premises. You further acknowledge that the Contractor has no duty to inspect or monitor the condition of the Premises. During the entire Term of this Agreement it is your sole responsibility to engage a reasonable and effective system to monitor the weather in the vicinity of the Premises, to perform any additional snow clearing required in between attendances by the Contractor at the Premises, and to determine when and in what quantities ice melting products are to be applied to the Premises. Notwithstanding anything else in this Agreement, the Contractor will not be responsible for any damages or claims whatsoever relating to or caused in whole or in part by the failure to provide ice melting products to the Premises and you will indemnify and save the Contractor and its agents and employees harmless from and against any such claims.
Shared driveway prices will apply only if the homeowners for both attached driveways subscribe for service during the same season. i.e. If your attached neighbour does not subscribe for service, independent single, double or triple driveway pricing will apply to your driveway.
Payments returned for any reason will incur an administrative fee of $25 per cheque or credit card transaction. If for any reason the Contractor must return or exchange any cheques, an administrative charge of $25 will be applied. In addition, non payment or late payment of any kind will be assessed service charges of 2% per month or 26.82% per annum beginning on the first day payment is late. This is a service fee, not interest and the full 2% per month will be charged for each month or part thereof. In the event that the Contractor needs to retain the services of collection or legal assistance to collect outstanding amounts, the client agrees that it will be responsible for all Contractor costs including disbursements in full and fees charged by legal counsel on a full indemnity basis.
In default of any payment or, upon the breach of any of the conditions herein on your part, this contract shall be considered breached. The Contractor shall be released from all liability for services to that time and shall not be required to perform any further services under this agreement. The homeowner shall be liable for any and all amounts still owing for the full contract season. If the contractor is found in breach of any of the conditions it is required to maintain herein, the contractor shall upon written declaration by you, at its own option, either remedy the breach or offer the customer a pro rated refund based on the time period the contractor provided services, or the number of services provided at their fair market value. Minor disagreements between the parties of this agreement such as timing or quality of a specific visit shall not be deemed to be a breach. The contractor may at any time for any reason at its own option decide to terminate service and offer a pro rated refund to the homeowner as calculated above. In the event of sale or re-occupation of your home, this contract will not be canceled or refunded, but may be transferred into the name of the new occupants. If you as the customer wish to cancel the services provided by the contractor for convienience or other reasons, you are liable to the contractor for full payment of that seasons services, where the service time frame or services themselves have been rendered.
In the event of legal action initiated by the client for a valid contractor breach, the client shall only be able to recover at maximum standard court disbursements and out of pocket costs of a reasonable nature not to exceed a total of $50.
This contract will continue year to year unless cancelled, and notice in writing must be received by the contractor prior to September 15 of each year to cancel service for the upcoming season. If the client wishes to cancel service after September 15, and the service window has not been reached, the client will be responsible to pay a $100 late cancellation penalty. If the client wishes to cancel service after service begins, no refund will be paid by the contractor and the client will still be liable for full payment of that season. The contractor reserves the right to change pricing each season, and the homeowner will have the option of accepting or declining any pricing change. If the homeowner declines any price increase, the contract will be cancelled. The contractor reserves the right to change the terms of service at any time with notice to the homeowner, and reserves the right to decline extras or renewal for any reason.
Transmission of accounts receivable documents (ie. renewal contracts, Invoices,receipts, demand letters, etc.), legal notices, service notifications (ie. service logs, obstacle reports, damage reports, etc.), general correspondence (ie. thank you notes, customer service response letters, newsletters, surveys, etc.), and any other documents relevent to services provided by the Contractor, shall be conducted by email where possible. By providing your email address orally or in writing during the course of doing business with the Contractor or after, you provide express consent to receive the aforementioned documents, notices, and correspondence by email from the Contractor.
After a snowfall accumulation of 5 cms or more over an entire route, snow clearing activities will commence, with a follow-up visit(s) being performed after city plows and sidewalk cleaners have passed and completed all cleanup operations. The timing of service visits will vary from storm to storm, depending upon the timing of the snow. Edgewood Group Inc. (herein after referred to as the “Contractor”) shall be permitted to remove snow from your property at any time of the day or night. The contractor provides no guarantees as to time of clearance due to the nature of snow removal and changing weather conditions. The contractor will begin clearance as soon as conditions allow after the accumulation noted above is reached in its sole discretion. It takes time for the contractor to attend all properties in its route therefore it may be a number of hours or up to a full day after the accumulation level is reached before service is rendered to a property. This timeframe is not guaranteed, and may be even longer than 24 hours in circumstances of extreme weather, equipment failure, personnel scheduling and emergencies, or any other circumstance beyond the contractors control. Should the customer decide to clear their own driveways or walkways prior to the planned visit by the contractor, the contractor shall bear no liability for that clearing attempt and will still visit the property and mark it as complete. That visit shall be deemed as complete service for the property. There are no guaranteed number of clearings per season provided by the contractor. The frequency of clearings is determined by accumulation only and not timeframe. A disagreement of timing, frequency or quality of service shall not constitute a breach under this agreement due to the unpredictable nature of a weather based service.
Snowblowing means blowing snow from the described physical area to any permissible area nearby. If inadequate space exists on your property for storage of snow – either at the onset of the season or as the season progresses – you agree to allow the Contractor to use space on the side of the driveway or you agree to make alternate arrangements for storage of snow with a neighbour. No loading or transport of snow, sanding, salting, de-icing or hand shoveling is included in this contract unless otherwise specified. No removal of snow piled up from roof clearing, decks, neighbouring properties or any other form of snow buildup not normal for the driveway area will be included.
In the event that vehicles are parked in the driveway, snow will only be cleared for accessible areas opening onto the street.
In the event that children are playing in the area where snow will be blown, service will not be provided until children clear the area.
The term of this contract is from November 15th to April 1st (holidays included) of the indicated season. Snowfall present at the beginning of the contract does not qualify for removal by the contractor. Snowfall that falls on the last day of the contract that exceeds the 5cm accumulation trigger before midnight of the final day will be cleared. Snowfall of less than 5cm that falls on the final day of the contract before midnight will not be cleared. The contractor will at its own option provide service for snowfalls exceeding the 5cm threshold outside the included time window where personnel and equipment are available.
Walkway shoveling service, if included in this contract, is performed separate from the driveway clearing service. Crews will commence shovelling walkways at the end of each snowfall of 5 cms or more and may take up to 24 hours from the end of the snowfall to complete their routes. This service does not include the removal of snow accumulation resulting from roof cleaning, drifting snow, nor the removal of ice from the walkway resulting from freezing rain, sleet, or compaction. Hand shoveling of snow from porch areas may entail additional charges.
Additional services requested by the homeowner may be done at an additional charge at the discretion of the contractor (ie. request for individual cleaning when a vehicle is moved upon return from a vacation; request for removal of snow shoveled from a roof or walkway after the snowblower has already passed, request for removal of city plow windrows or request for removal of snow accumulations less than 5 cms on a non-snow day).
Removal of drifted snow is the homeowner's responsibility.
The client or homeowner agree to allow the contractor to install 2 driveway markers at the beginning of every snow removal season. The absence of these markers will not affect the service. The timing of the installation of these markers will be at the discretion of the contractor and may occur anytime during the contract timeframe. Markers damaged thereafter by the Contractor’s equipment will be replaced free of charge. Markers damaged by homeowner will be replaced at a cost of $10/marker. Edgewood may place additional stakes to mark the edge of a driveway if that edge is otherwise not defined by a garage corner or otherwise. Edgewood does not place markers to mark steps (see below), lawn sprinkler heads, shrubs, flower beds, or any other obstruction that may be covered by snow. These types of obstructions are the responsibility of the homeowner to mark with markers exceeding the height of the expected snow depth, at the beginning of the season. Failure by the homeowner to mark obstructions will make them liable for damage to those obstructions and damage to Edgewood Group Inc. equipment.
Due to the risks posed by our equipment to immoveable property, you accept that our drivers will stay no less than two (2) feet away from garage doors and other obstructions at all times.
The Contractor shall exercise due diligence in the performance of its work to avoid damage to property. To assist the Contractor in preventing damage it is your responsibility to keep the snow removal area (ie. driveway) free of all objects. In particular, the Contractor shall not be held responsible for damages, including but not limited to, the following:
- Portable basketball nets, garbage cans, recycling bins, plant pots, toys, hockey sticks, extension cords, Christmas tree lights etc. All moveable property must either be removed completely or placed no less than four (4) feet from the edge of the driveway prior to each snowstorm.
- Immoveable basketball nets. Prior to commencement of the winter season, the net must be elevated to at least 10 feet to allow for clearance of our tractor.
- Downspout extensions. These must be unscrewed and removed completely prior to the commencement of the winter season.
- Elevated water valve caps. Protruding water valve caps must be hammered down to the level of the surrounding asphalt. You should contact the local municipality and arrange to have a City employee perform the necessary maintenance prior to the commencement of the winter season.
- Fixed masonry and/or wooden structures. You are responsible for providing and installing additional markers for any structures that protrude into the driveway. These include, but are not limited to, interlocking steps, interlocking or cement retaining walls, cement porches, brick retaining walls, garden beds, wooden retaining walls, elevated patio stones, wooden or interlocking wheelchair ramps, etc. The Contractor will not be liable for damages caused to any objects, moveable or immoveable, which are hidden under snow and/or unidentified by protective markers.
- Heaved, chipped or uneven asphalt / interlock. It is your responsibility to assure an even driveway surface prior to the commencement of the winter season. The Contractor will not be responsible for replacing pieces of asphalt or interlock that get caught and torn out by snow blowing equipment as it is dragged across uneven surfaces.
The Contractor shall indemnify and hold harmless you, your agents and employees from and against any claim for damages arising from an occurrence of bodily injury or death or the destruction of tangible personal property provided that the damages are caused by the negligence or breach of this Agreement of the Contractor or anyone for whom the Contractor is responsible in law and provided that the Contractor is given notice of the claim by you within a reasonable time following the occurrence, but in any event within 72 hours of you first acquiring knowledge of the circumstances of the claim. You expressly waive the right to be indemnified by the Contractor and agree to indemnify and hold harmless the Contractor, its agents and employees from and against any claim for damages save and except those which arise due to the negligence or breach of this Agreement of the Contractor and as are described in this paragraph.
You expressly acknowledge that you have physical possession of, are responsible for, and have control over the condition of the Premises. You further acknowledge that the Contractor has no duty to inspect or monitor the condition of the Premises. During the entire Term of this Agreement it is your sole responsibility to engage a reasonable and effective system to monitor the weather in the vicinity of the Premises, to perform any additional snow clearing required in between attendances by the Contractor at the Premises, and to determine when and in what quantities ice melting products are to be applied to the Premises. Notwithstanding anything else in this Agreement, the Contractor will not be responsible for any damages or claims whatsoever relating to or caused in whole or in part by the failure to provide ice melting products to the Premises and you will indemnify and save the Contractor and its agents and employees harmless from and against any such claims.
Shared driveway prices will apply only if the homeowners for both attached driveways subscribe for service during the same season. i.e. If your attached neighbour does not subscribe for service, independent single, double or triple driveway pricing will apply to your driveway.
Payments returned for any reason will incur an administrative fee of $25 per cheque or credit card transaction. If for any reason the Contractor must return or exchange any cheques, an administrative charge of $25 will be applied. In addition, non payment or late payment of any kind will be assessed service charges of 2% per month or 26.82% per annum beginning on the first day payment is late. This is a service fee, not interest and the full 2% per month will be charged for each month or part thereof. In the event that the Contractor needs to retain the services of collection or legal assistance to collect outstanding amounts, the client agrees that it will be responsible for all Contractor costs including disbursements in full and fees charged by legal counsel on a full indemnity basis.
In default of any payment or, upon the breach of any of the conditions herein on your part, this contract shall be considered breached. The Contractor shall be released from all liability for services to that time and shall not be required to perform any further services under this agreement. The homeowner shall be liable for any and all amounts still owing for the full contract season. If the contractor is found in breach of any of the conditions it is required to maintain herein, the contractor shall upon written declaration by you, at its own option, either remedy the breach or offer the customer a pro rated refund based on the time period the contractor provided services, or the number of services provided at their fair market value. Minor disagreements between the parties of this agreement such as timing or quality of a specific visit shall not be deemed to be a breach. The contractor may at any time for any reason at its own option decide to terminate service and offer a pro rated refund to the homeowner as calculated above. In the event of sale or re-occupation of your home, this contract will not be canceled or refunded, but may be transferred into the name of the new occupants. If you as the customer wish to cancel the services provided by the contractor for convienience or other reasons, you are liable to the contractor for full payment of that seasons services, where the service time frame or services themselves have been rendered.
In the event of legal action initiated by the client for a valid contractor breach, the client shall only be able to recover at maximum standard court disbursements and out of pocket costs of a reasonable nature not to exceed a total of $50.
This contract will continue year to year unless cancelled, and notice in writing must be received by the contractor prior to September 15 of each year to cancel service for the upcoming season. If the client wishes to cancel service after September 15, and the service window has not been reached, the client will be responsible to pay a $100 late cancellation penalty. If the client wishes to cancel service after service begins, no refund will be paid by the contractor and the client will still be liable for full payment of that season. The contractor reserves the right to change pricing each season, and the homeowner will have the option of accepting or declining any pricing change. If the homeowner declines any price increase, the contract will be cancelled. The contractor reserves the right to change the terms of service at any time with notice to the homeowner, and reserves the right to decline extras or renewal for any reason.
Transmission of accounts receivable documents (ie. renewal contracts, Invoices,receipts, demand letters, etc.), legal notices, service notifications (ie. service logs, obstacle reports, damage reports, etc.), general correspondence (ie. thank you notes, customer service response letters, newsletters, surveys, etc.), and any other documents relevent to services provided by the Contractor, shall be conducted by email where possible. By providing your email address orally or in writing during the course of doing business with the Contractor or after, you provide express consent to receive the aforementioned documents, notices, and correspondence by email from the Contractor.