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Michigan Snow RemovalSnow Removal Contract Example
THIS AGREEMENT AND ALL QUESTIONS ARE OFFERED AS SAMPLES ONLY.  USE OF THIS AGREEMENT IS BY YOU AT YOUR DISCRETION, IS NOT DIRECTED BY MiSnowRemoval.com, AND IN NO WAY CONSTITUTES LEGAL ADVICE.  MiSnowRemoval.com RECOMMENDS THAT ANYONE ENTERING INTO A CONTRACT SHOULD CONSULT AN ATTORNEY FOR LEGAL ADVICE.

SNOW REMOVAL CONTRACT (Download now available!)

This Snow Removal Contract Agreement ("Agreement") is made as of ____/____/____ (the "Effective Date")

Between:

Contractor name: _______________________________________________________________________

Address: _______________________________________________________________________________

City: _____________________ State: ____________________ Zip Code: ________________________ ("Party-1")

and

Customer First Name: __________________________ Last Name: _____________________________

Address: _______________________________________________________________________________

City: ______________________ State: ____________________ Zip Code: ________________________ ("Party-2").

This Agreement describes Party-1's sale of snow plowing and removal services to Party-2.
 
Party-1 and Party-2 therefore agree as follows: 
 
1. DEFINITIONS

(a) "Government Authority" means any governmental authority or court, tribunal, agency, department, commission, arbitrator, board, bureau, or instrumentality of the United States of America or any other country or territory, or domestic or foreign state, prefecture, province, commonwealth, city, county, municipality, territory, protectorate or possession.

(b) "Law" means all laws, statutes, ordinances, codes, regulations and other pronouncements having the effect of law of any Government Authority.

(c) "Location" means the address(es) required to be plowed under this Agreement.

(d) "Services" means the services Party-1 provides to Party-2 as described in this Agreement.

2. SNOW PLOWING. Party-1 shall comply with the following requirements:

(a) Location Details. Details of the location to be snow plowed. Salt requirements, Holidays, Weekends, ect.

 













(b) Order
. There is only one location to be plowed per this contract.

(c) Areas.  The following areas for this location shall be snow plowed (mark all that apply):

All paved areas _____ Parking Lots _____ Entrance Ways _____ Roadways ______ Sidewalks _____

(d) Start Plowing Trigger. Snow plowing will begin when the following amount of snow (in inches) has fallen:

1 ____ 2 ____ 3 ____ 4 ____ 5 ____ 6 ____ 7 ____ 8____

(e) Completion. All snow plowing will be completed as soon as reasonable possible.

(f) Plowing Days. Snow plowing shall be provided as required under this agreement M - F excluding U.S. National Holidays unless otherwise noted above in the Location Details box.


3. CONDITIONS ON SNOW PLOWING.  Snow plowing shall commence only after the Government Authority clears the roadways. Snow removal does not mean "bare pavement" and icy/slippery conditions may still exist after plowing.  Party-2 shall use snow stakes and clearly mark the perimeter of Locations to be cleared, including, without limitation, adjacent propane tanks, garbage enclosures, stairs, decks, accessory structures and landscaping features.

4. SUPPLIES. Party-2 shall provide the following to Party-1 for use in snow plowing: ______________________________________

5.
FEES, HOURLY RATE, AND SNOW REMOVAL/PUSHBACK.

(a) Fee. In consideration for Party-1 performing all obligations under this Agreement, Party-2 will agree to pay Party-1 a flat fee of:

$__________/hr.

$__________/plow.

$__________/season. 

Except as expressly stated in this Agreement, there are no additional fees, charges or expenses incurred.

(b) Hourly Rate and Snow Removal/Pushback.  Party-1's rates for snow removal are: _____/hr. or _____/plow or _____/season.  If the volume of snow is so great that it must be removed or pushed back so that it does not encroach upon Location areas required to be plowed, Party-1 shall inform Party-2 of this fact, and then Party-2 shall either: (i) tell Party-1 to remove the snow at the hourly rate, or (ii) for this instance only, release Party-1 from its responsibility to plow the Locations. 


6. WARRANTIES
.

(a) Warranties by Party-1.  Party-1 represents, warrants and covenants to Party-2 that:

(i) Warranty Length.  For a period of one (1) year after receipt, the services conform to the requirements on this Agreement are free from any defect in material and workmanship, liens, claims and encumbrances of any kind.

(b) Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, PARTY-1 AND PARTY-2 EACH MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. LIMITATION OF LIABILITY.  THIS LIMITATION OF LIABILITY PROVISION APPLIES IN THE AGGREGATE AND NOT ON A PER CLAIM BASIS, WHETHER ANY DAMAGES ARE CHARACTERIZED IN TORT, NEGLIGENCE, CONTRACT, OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF ESSENTIAL PURPOSE OF A LIMITED REMEDY. THIS LIMITATION OF LIABILITY PROVISION DOES NOT LIMIT A PARTY'S LIABILITY FOR GROSS NEGLIGENCE, INDEMNIFICATION OBLIGATIONS, BREACH OF CONFIDENTIALITY REQUIREMENTS, INTENTIONAL MISCONDUCT, INTENTIONAL TORTS AND INTENTIONAL VIOLATIONS OF LAW. NEITHER PARTY IS LIABLE TO THE OTHER OR ANY THIRD PARTY UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THIS AGREEMENT. EACH PARTY'S LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRIOR TO THE DATE THE CLAIM AROSE.

8. TERM AND TERMINATION.

(a) Term. The term of this Agreement (together with any renewals, the "Term") begins on the Effective Date and expires 1 year later. Any renewal term shall be mutually agreed to by the parties in writing.

(b)
Survival.  The following captioned sections survive any termination, expiration or non-renewal of this Agreement: "Disclaimer", "Limitation of Liability", "Survival" and "General", as well as any other provisions expressly stating that they are perpetual or survive this Agreement.

(c) Termination for Insolvency
. If either party is adjudged insolvent or bankrupt, or upon the institution of any proceedings by it seeking relief, reorganization or arrangement under any Laws relating to insolvency, or if an involuntary petition in bankruptcy is filed against a party and the petition is not discharged within sixty (60) days after filing, or upon any assignment for the benefit of a party's creditors, or upon the appointment of a receiver, liquidator or trustee of any of a party's assets, or upon the liquidation, dissolution or winding up of its business (each, an "Event of Bankruptcy"), then the party affected by any Event of Bankruptcy must immediately give notice of the Event of Bankruptcy to the other party, and the other party may terminate this Agreement by notice to the affected party.

(d) Termination for Breach.  If either party breaches any provision contained in this Agreement, and the breach is not cured within thirty (30) days after the breaching party receives notice of the breach from the non-breaching party, the non-breaching party may then deliver a second notice to the breaching party immediately terminating this Agreement.

9. FORCE MAJEURE.   Any failure or delay by a party in the performance of its obligations under this Agreement is not a default or breach of the Agreement or a ground for termination under this Agreement to the extent the failure or delay is due to elements of nature or acts of God, acts of war, terrorism, riots, revolutions, or strikes or other factor beyond the reasonable control of a party (each, a "Force Majeure Event"). The party failing or delaying due to a Force Majeure Event agrees to give notice to the other party which describes the Force Majeure Event and includes a good faith estimate as to the impact of the Force Majeure Event upon its responsibilities under this Agreement, including, but not limited to, any scheduling changes. However, should any failure to perform or delay in performance due to a Force Majeure Event last longer than thirty (30) days, or should three (3) Force Majeure Events apply to the performance of a party during any calendar year, the party not subject to the Force Majeure Event may terminate this Agreement by notice to the party subject to the Force Majeure Event.

10. GENERAL.  Entire Agreement and Amendments. This Agreement is the entire agreement between the parties and supersedes all earlier and simultaneous agreements regarding the subject matter, including, without limitation, any invoices, business forms, purchase orders, proposals or quotations. This Agreement may be amended only in a written document, signed by both parties. Independent Contractors, Third Party Beneficiaries, and Subcontractors.  The parties acknowledge that they are independent contractors under this Agreement, and except if expressly stated otherwise, none of the parties, nor any of their employees or agents, has the power or authority to bind or obligate another party.  Except if expressly stated, no third party is a beneficiary of this Agreement. The parties may not subcontract any of their obligations under this Agreement.Governing Law and Forum.  All claims regarding this Agreement are governed by and construed in accordance with the Laws of Michigan, applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of Law principles, and must be litigated in Michigan, regardless of the inconvenience of the forum, except that a party may seek temporary injunctive relief in any venue of its choosing.  The parties acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.  Assignment.  This Agreement binds and inures to the benefit of the parties' successors and assigns This Agreement is not assignable, delegable, sublicenseable or otherwise transferable by any party in whole or in part without the prior written consent of the other party (or parties). Any transfer, assignment, delegation or sublicense by a party without such prior written consent is invalid. However, any party may assign this Agreement to a third party purchasing: (a) majority control of the party's equity shares; or (b) all or substantially all of either (i) a party's assets or (ii) the assets of the party's relevant business unit under this Agreement.  No Waivers, Cumulative Remedies.  A party's failure to insist upon strict performance of any provision of this Agreement is not a waiver of any of its rights under this Agreement. Except if expressly stated otherwise, all remedies under this Agreement, at Law or in equity, are cumulative and nonexclusive.  Severability.  If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent of the parties, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions.  Notices.  All notices, including notices of address changes, under this Agreement must be sent by registered or certified mail or by overnight commercial delivery to the address set forth in this Agreement by each party.  Captions and Plural Terms.  All captions are for purposes of convenience only and are not to be used in interpretation or enforcement of this Agreement.  Terms defined in the singular have the same meaning in the plural and vice versa.


IN WITNESS WHEREOF, the parties execute this Agreement as of the Effective Date. Each person who signs this Agreement below represents that such person is fully authorized to sign this Agreement on behalf of the applicable party.

PARTY-1

Contractor Signature
: __________________________________

Print Name: __________________________________

Title: ________________________________

Date: ____/____/____

PARTY-2

Signature
: __________________________________

Print Name: _________________________________

Date: ____/____/____