Snow Removal Contract Template
This Snow Removal Contract (hereinafter referred to as the "Contract") is entered on (the "Effective Date") by and between
, a company incorporated under the laws of the State of , having its registered place of business at (hereinafter referred to as the "Client"), and
, a company incorporated under the laws of , having its registered place of business at (hereinafter referred to as the "Service Provider"), collectively referred to as the "Parties" and individually as the "Party".
In accordance with the terms and conditions of the Contract, the Service Provider shall perform the following services:
The services will be provided at located at .
The Service Provider should keep the specified areas safe, clean, and orderly.
The Service Provider shall provide all supervision, personnel, equipment, tools, and materials to perform all operations necessary for the immediate and complete removal of all snow and ice.
The Client shall pay the Service Provider an hourly fee of for the services rendered hereunder. The payments should be made daily by wire transfer.
The Service Provider shall submit an invoice to the Client at the address outlined in this Contract for the amount properly due under this Contract. The Client shall pay the Service Provider within days after the Client's receipt of an invoice. If the Client contests any invoice or portion thereof, the contested part of the invoice shall not be due until the dispute has been resolved. Invoices shall include a detailed, itemized statement of all charges for which the payment is sought, including the dates of each service rendered, the amount of materials and/or equipment used, and the total price charged.
The Client shall pay a retainer of to the Service Provider as a deposit on the future services to be provided ("Retainer"). The Retainer is refundable.
This Contract shall remain in full force and effect until (the "End Date").
Either Party has the right to terminate this Contract unilaterally, with or without cause, upon days prior written notice to the other Party.
If the Client terminates the Contract, the Client shall be obliged to pay the Service Provider all non-disputed amounts for the part of the services rendered as of the termination date on a pro-rata basis.
If the Service Provider terminates the Contract, the Service Provider shall be obliged to pay the Client all non-disputed Retainer amounts paid as a deposit on future services.
Inspection of services and return of property
All services shall be performed to the highest industry standards of the snow removal occupation and conform to all industry codes.
The Client has the right to inspect the services at any time during the term of the Contract and after completion of the services. If any of the services performed by the Service Provider under this Contract are deemed to be defective or incomplete, the Service Provider shall make necessary corrections until determined acceptable by the Client. All corrections should be made within a reasonable time at no cost to Client.
Neither Party shall disclose any terms or conditions of this Contract or give its copy to any third party, except (i) if required by law or in any judicial proceeding, provided that the releasing Party has given the other Party reasonable notice of that requirement; (ii) to the Party's attorneys, accountants, brokers, and other consultants or advisers, provided they agree to be bound by this clause.
The Service Provider shall pay and be solely responsible for all withholdings, including but not limited to social security, state unemployment, state and federal income taxes, and any other obligations. In addition, the Service Provider shall pay all applicable sales or use taxes on the labor provided and materials furnished or otherwise required by law in connection with the services performed.
Default and remedies
If the Service Provider fails to perform the services required by this Contract or otherwise defaults under this Contract, the Client may, besides any other legal or equitable rights, (i) send a notice of the default to the Service Provider and demand strict adherence to the terms of the Contract; (i) terminate this Contract by notifying the Service Provider; or (iii) cure the default without notifying the Service Provider and deduct associated expenses, along with any direct and consequential damages from any payment due to the Service Provider at the time or after the default. If no further payments are owed, the Service Provider shall immediately reimburse the Client for the cost incurred in rectifying the Service Provider's default and any resulting direct or consequential damages upon receipt of the Client's invoice.
The Party affected by force majeure shall not be deemed to be in breach of this Contract or otherwise be liable to the other because of any delay in performance, or non-performance, of any of the obligations under this Contract if the delay or non-performance is caused by events of force majeure of which one Party has notified the other Party. The time for the performance of that obligation shall be extended accordingly. In the case of force majeure, the affected Party shall immediately notify the other Party about the nature and extent of the circumstances and their effect on the Party's ability to perform.
"Force majeure" means an earthquake, flood, storm, other acts of God, war, emergency, accident, industrial strike, acts of Government, or other impediment that the affected Party proves was beyond the Party's control and that it could not reasonably be expected to have taken into account at the time of the conclusion of this Contract or to have avoided or overcome it or its consequence.
This Contract will be governed by and construed in accordance with the laws of the State of , except for its conflict of laws principles.
The Parties agree on the exclusive jurisdiction of the court located in the State of .
MiscellaneousSeverability. If and to the extent that any provision of this Contract is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or that portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability. The illegality, invalidity, or unenforceability of such a provision in that jurisdiction shall not affect the legality, validity, or enforceability of this Contract in any other jurisdiction.
Entire agreement. This Contract is the complete and exclusive agreement between the Parties with respect to the subject matter hereof, superseding any prior agreements and communications, both written and oral, regarding such subject matter.
Amendments. This Contract may only be modified, or any rights under it waived, by a written document executed by both Parties.
Binding effect. This Contract shall be binding for the Parties and their respective permitted successors and assigns.
IN WITNESS WHEREOF, the Parties have signed this Contract.
Details and signatures of the Parties
The Client
Company name:
Address:
Signature: _____________
Full name of the authorized signatory:
Title of the authorized signatory:
Banking details:
The Service Provider
Company name:
Address:
Signature: ____________
Full name of the authorized signatory:
Title of the authorized signatory:
Banking details:
Template Description
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