Terms & Conditions

 

Snow clearing services shall be provided for >= 5 cm of snow. One (or more) clearings shall be performed after city plows and/or sidewalk cleaners pass, depending upon the duration and severity of the snowfall event. The timing of service visits will vary from storm to storm, according to the timing of the snowfall. HEIN Landscaping & Snow Removal (herein after referred to as the “Contractor”) shall be permitted to remove snow from your property at any time of the day or night.

 

 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 to make alternate arrangements for storage of snow with a neighbor. No loading or transport of snow, or de-icing is included in this contract.

 

The term of this contract is as specified on the first page of the Contract (holidays included).

 

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.

 

1 marker (for ‘Shared’ driveways) or 2 (for ‘Individual’ driveways) will be installed on your driveway at the beginning of every snow removal season.

 

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.

 

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 (i.e.. driveway) free of all objects. In particular, the Contractor shall not be held responsible for damages, including but not limited to, the following:

 

1.Portable basketball nets, plant pots, toys, hockey sticks, extension cords, Christmas tree lights etc. All moveable property must either be removed completely (preferable) or placed no less than 4 (four) feet from the edge of the driveway prior to each snowstorm.

 

2.Garbage cans and Recycling bins. It is your responsibility to move garbage and recycling containers off the driveway on a snow day. The contractor will ‘work around’ any receptacles it encounters during the course of its work but will NOT remove them and will not clear away the snow underneath where they were sitting.

 

.3. Permanent basketball nets. The net must be turned away from the driveway prior to the commencement of the winter season.

 

4.Downspout extensions. These must be unscrewed and removed completely prior to the commencement of the winter season.

 

5.Elevated water valve caps. Protruding water valve caps must be hammered down to the level of the surrounding asphalt. You may either do this yourself or may contact the City of Pembroke and arrange to have a City employee perform the necessary maintenance prior to the commencement of the winter season.

 

6.Fixed masonry and/or wooden structures. You are responsible for notifying HEIN Landscaping & Cemetery Maintenance of any structures that protrude into the driveway and require any extra marker(s) for protection from being hit by our equipment. 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 immoveable objects hidden under snow and/or unidentified by protective markers.

 

7.Heaved, chipped or uneven asphalt / interlock. Deteriorated driveways have a higher risk of being scratched or chipped during the course of snow removal operations. The Contractor will not be responsible for replacing pieces of asphalt or interlock that get caught and torn out by snow plowing equipment dragged across uneven or deteriorated driveway surfaces.

 

The Contractor shall be responsible for and shall restore at its expense all damage to your property caused by the Contractor in the performance of this contract, apart from that damage reasonably foreseeable as a consequence of snow removal. HEIN Landscaping & Snow Removal shall not be responsible for scrapes, scratches, rust marks and other surface damage on driveway surfaces, curbs and other adjacent structures and surfaces resulting from snow removal operations.

 

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 your 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.

 

Cheques returned for any reason will incur an administrative fee of $45.00 per cheque. If for any reason the Contractor must return or exchange any form of payment, an administrative charge of $45.00 will be applied.

 

In default of any payment or, upon the breach of any of the conditions herein on your part, this contract shall be rendered null and void. 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. If the Contractor is proven to be in breach of any of the conditions herein, this contract shall be canceled as of the date of notification and you will be reimbursed for any amounts prepaid from that date for the balance of the contract period.