Terms & Conditions

These Terms and Conditions are entered into between Sustainable Sites Snow and Maintenance d/b/a SSc2 (the “Contractor”) and the Client listed on the Contract (as defined below) (the “Client”). These Terms and Conditions apply to and are incorporated into the Contract (as defined below) unless expressly modified or excluded in writing by the Contractor.

SCOPE OF WORK

1.1 The contract documents shall contain, as applicable, these Terms and Conditions, the estimate, the specification plans and any other document referred to in the estimate (the “Contract”). No qualification in any acceptance issued by the Client shall form part of the Contract unless specifically agreed to in writing by the Contractor.

1.2 The Contractor shall carry out and complete work described in the estimate in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in the specification shall prevail over the drawing.

1.3 Only the work on the estimated specifications are included, but all works are due for payment. All other requested works are excluded.

1.4 The Client is responsible for obtaining any necessary permissions for the work.

ESTIMATE

2.1 The Contractor reserves the right to increase the value of the Contract due to changes in design or materials by the Client after execution of the Contract which may also result in change order fees.

2.2 Acceptance of the estimate includes acceptance of these Terms and Conditions. This Contract, including these Terms and Conditions, represents a binding agreement between the parties. Cancellation of the Contract by the Client will result in the Client being liable to Contractor for a cancellation fee and any loss of expenses incurred as a result of the cancellation at the discretion of Contractor. See also Section 10.2 of these Terms and Conditions.

PAYMENT

3.1 The Client agrees that Client will pay the Contractor the full sum stated in the Contract together with any tax properly chargeable upon the Contract, and as otherwise provided herein. The Contractor will only ask for the Contract price, unless there are any unforeseeable difficulties, or the work has materially been increased. In either case all work will be paid for.

3.2 Unless otherwise agreed in writing by the parties, all invoices will be submitted monthly by Contractor and shall be immediately due in full within 30 days of receipt of invoice. Contractor reserves the right to suspend or terminate service for any amount unpaid beyond 30 days. Additional fees may be incurred to reactivate suspended accounts and Client agrees that the additional fees will be added to the total outstanding balance due and payable under this Contract. If payments are not received within thirty days after the receipt of Contractor’s invoice, unpaid fees will incur interest at 2% per month, a 24% annual percentage rate.

3.3 In addition to any other amounts due under this Contract, Client may be subject to a fuel surcharge if the regular unleaded gas price reaches, as measured by gasoline prices then being charged at retail outlets near the project site, $3.50 or more per gallon. The surcharge will be calculated by approximate gallons of gas used to complete the project multiplied by the average price per gallon during such period above $3.50 per gallon. For example, if gasoline was $4.00 per gallon during the project period and 150 gallons of gasoline were used to complete the project, the surcharge would be $.50 per gallon x 150 gallons, or $75.

WORK SITE

4.1 The Client warrants the work site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the Contractor shall be entitled to charge for additional work necessary and properly executed by the Contractor to complete the work.

4.2 The Contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by the improper use of such machinery by Contractor.

4.3 Any material, refuse or debris required to be removed from the work site to execute the Contract, which was not in the estimate, may be billed to Client for hauling and dumping.

DELAY/DISRUPTION

5.1 The Contractor undertakes to use reasonable efforts to complete the work within a reasonable time or by a specific date if agreed in writing. Under no circumstances shall the Contractor incur any liability to the Client for any untimely performance caused by weather or other events beyond the control of Contractor.

5.2 The Contractor shall not be held responsible for any failure to perform caused by weather or other force majeure events which make Contract performance impossible.

MATERIALS ON WORK SITE

6.1 Materials delivered to the work site become the responsibility of the Client. The Contractor accepts no responsibility for loss damage or expense after delivery of materials to the work site for any reason.

6.2 Any material brought to, or removed from the work site, excess to the Contractor’s requirements remains the possession of and removable by the Contractor who shall have the right to enter the work site for that purpose.

MAINTENANCE AFTER COMPLETION

7.1 The Contractor undertakes to execute the scope of this Contract. Control of and the maintenance of the work site passes to the Client upon substantial completion of the work, unless otherwise agreed in writing. Substantial completion is deemed to take place as specified by the Contractor.

ACTING AGENTS

8.1 The Contractor has no responsibility, or liability for structural considerations, appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed in writing prior to start of contract. It is the responsibility of the agent to bring these terms of business to the attention of the Client.

WARRANTIES

9.1 There are no warranties either expressed or implied except those specifically set forth in the Contract.

9.2 The Contractor accepts no liability for any negligent act, omission, or any default under this Contract, unless specifically agreed in writing.

9.3 Any structural or appearance of finished features is at the discretion of the Contractor, unless agreed in writing by the Client or agent prior to the start of work. Where a written specification for the appearance of a feature is provided to the Contractor, it is the responsibility of the Client or agent to request a small sample of this finished work prior to the start of that specific feature. The Contractor is not liable for any work necessary as a consequence of such an omission.

TERM AND TERMINATION

10.1 Unless otherwise stated in writing by the parties in this Contract, the term of this Contract shall be for one year. This Contract shall automatically renew for additional one year terms unless written notice of nonrenewal is given by one party to the other party by registered mail to the party’s address listed in this Contract. The foregoing Contract renewal provision shall only apply to work where it is intended by the parties that Contractor provides continuous work for Client, including but not limited to ongoing snow removal, ice management, and lawn care. It shall not apply to finite projects.

10.2 Either party may terminate the Contract with 30 days written notice mailed to the party at the addresses listed in the Contract. Following the notice of termination, but before the Contract terminates, Contractor may, at its sole discretion, continue to provide services at the rate agreed upon under this Contract. Upon termination, any monies due for services rendered up to and including the termination date shall be due and owing within 30 days following termination. Contractor reserves the right to immediately suspend or terminate service, at its sole discretion, for any circumstance Contractor deems necessary which includes, but is not limited to, Client’s failure to timely pay for services rendered.

SNOW REMOVAL

11.1 In the event Contractor and Client agree to snow removal services:

(a) Client is aware that plowing may not clear the property to bare pavement and that slippery conditions may prevail even after plowing. Contractor assumes no responsibility, and Client agrees that Contractor shall not be held liable for personal injuries, slip and fall accidents, property damage, or vehicular accidents as a result of this naturally occurring condition.

(b) Client shall clearly mark and state the areas to be plowed and/or serviced by Contractor. Contractor will exercise reasonable care to avoid damage to pavement, curbs, sidewalks, landscaping, trees, shrubs, and grass. However, Contractor is not responsible and Client agrees that Contractor shall not be held liable for any damage or injury due to Client’s failure to mark and stake the areas and/or Client erroneously marking and staking the areas. Contractor is also not responsible and Client agrees that Contractor shall not be held liable for any damage or injury caused by an act of God, including but not limited to extraordinary weather conditions. Client agrees to defend and hold harmless Contractor for any and all trespasses or damage that may result from Client’s failure to properly mark and stake the property. Contractor assumes no responsibility, shall not be liable, and Client agrees to defend and hold harmless Contractor for incidental damages resulting from plowing or ice control services to the marked and staked property.

(c) Icy or slippery conditions may prevail even after plowing or ice control services have occurred. Contractor assumes no responsibility, and Client agrees that Contractor shall not be held liable for this naturally occurring condition. Client is aware that weather conditions may change rapidly and without notice and that Contractor assumes no responsibility, and Client agrees that Contractor shall not be held liable for personal injuries, slip and fall accidents, property damage, or vehicular accidents as a result of this naturally occurring condition.

MISCELLANEOUS

12.1 Any expenses incurred by Contractor in connection with collection of past due amounts, will be added to the total outstanding balance due and payable under this Contract. If it becomes necessary for Contractor to retain an attorney or collection agency to assist it in collecting amounts due hereunder, Client agrees to pay for all collection costs, including but not limited to, attorney’s fees, expenses and court costs.

12.2 No failure of Contractor to enforce the terms of this Contract shall constitute a waiver by Contractor of any contractual right under this Contract.

12.3 This Contract and all questions relating to its validity, interpretation, performance, and inducement shall be governed by, construed, interpreted, and enforced in accordance with the substantive laws of the State of Iowa. The parties further agree that any action brought to enforce or interpret this Contract, or any part thereof, shall be brought in the Iowa District Court for Polk County.

12.4 In case one or more of the provisions of this Contract or any application thereof shall be invalid, unenforceable or illegal, the validity, enforceability, and legality of the remaining provisions and any other application shall not in any way be impaired thereby.

12.5 It is agreed that this Contract and any attachments hereto constitutes the entire agreement entered into by and among the parties.

Terms & Conditions

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