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Actual Ice And/or Snow Management Agreement

Discussion in 'Business Fundamentals' started by somm, Dec 15, 2005.

  1. somm

    somm Senior Member
    Messages: 200

    Lets all ante-up here, and post each our-own to foster professionalism and enlighten Customers !!
    Here's our actual text(sample actual account price here, for example only), with our name obscured, all may feel free to use & modify:
    (dang font-style doesnt transfer well to the cut-and-paste here)


    Blah Blah Incorporated
    Blah Blah Avenue ; City State Town
    office phone: fax: Emg’y pager, VoiceMail & Cell:
    ••• 2005-2006 Ice and / or Snow Management Agreement Form •••
    ••• MAKE NO ALTERATIONS TO THIS DOCUMENT’S TEXT UNLESS BY SEPARATE ADDENDUM •••
    Customer: ; Main Phone: Date:
    Customer Address:

    We agree to furnish pre-purchased stocks of: equipment, equipment maintenance or replacement, materials, supplies, licensing, accounting, commercial liability insurance policies, and all pre-hired labor necessary for our completion of the following:
    Sign for your Choice(s): Description and Scheduling:

    (A) Dec.-Mar. SNOW PLOWINGS: When forecasted not to melt within 24 hours of any such precipitation, drive plowed and
    walks cleared after Each 2-to-3-inch accumulation, unless greater exists at time of our occurrence. Prolonged storm systems always require additional plowing(s). Less than 1.5 inches of snowfall is handled as “Deicer Pellet Broadcastings.” No plowing will occur 15 feet from any car.
    LIMITED WARRANTY: One Snow Plowing Guaranteed within 4 Hours of any significant accumulation, primarily to occur during daylight hours.

    (B) Dec.-Mar. Deicer Pellet Broadcastings: Same scheduling and limited warranty as (A) above, except will be performed only when such precipitation amounts less than 1.5 inches constitute need for a deicing occurrence. Various Deicer Pellets
    will be broadcast prior to conditions becoming treacherous as forecasted, prior to snow plowing and/or as necessary after the last snow plowing occurrence of a storm system, and only as wholesale (not retail) lots of deicing-material supplies are available or become next available to Blah Blah Inc. Customer understands that local deicer-supply frequently depletes.

    With Invoiced, Remittance Amounts As Follows (5% surcharge for each 10 days Past Due or Fraction Thereof, 15% maximum) :

    Monthly Management Fee: $ 228.50 to be postdated Prior The 13th of Each of These Months Only: December, January, February.
    50% of this Fee is non-refundable/ non-applicable. 50% of this Fee to apply to selected item(s) above between each month’s 10th and last Day Only.

    These Amounts Also Due Within 14 consecutive days of Invoice Date of Occurrence (not date of Invoice arrival or discovery):
    For prolonged storms, invoice will be sent after last snowfall or freezing rain event, not after each event :

    (A) SNOW PLOWINGS : $114.25 per each 2-3 inch occurrence, add $57 per each additional 2 inches or fraction thereof .

    (B) Deicer Pellet Broadcastings: $87 per each Deicer Pellet Broadcasting occurrence.
    Notices: Blah Blah Inc. is a fully insured, licensed, and taxpaying company which fully indemnifies, defends, and agrees to hold Customer or Customer’s Appointees harmless from any and all Workman’s Compensation or Personal Injury Claims by Blah Blah Inc’s Staff or it’s Appointees ever arising from our management operations described herein upon these premises. Before, during, or after our route-based operations in your area, because the traversing of any area maintained or not maintained by us is done entirely at customer’s or customer’s appointees, or guests or clientele’s Own Personal Risk, Customer or Customer’s appointees fully indemnifies, defends and agrees to hold Blah Blah Inc. or it’s appointees harmless from any and all claims by Customer or Customer’s appointees, or guests or clientele ever arising from Personal Injuries sustained by Customer or Customer’s appointees, or guests or clientele, upon Customer’s Premises described above.
    Any Obstruction to our snow and ice management operations attributable to Police, Fire Dept., Dept. of Streets (Plowing or Street Maintenance), Public Works and Utilities, Disabled Vehicles, or Other Obstructions requires a Separate Authorization by the Customer via fax to our office, for additional invoice amount of $35 per quarter-hour Obstructions Surcharge - in order for us to return at a later time to perform tedious snow plowing or deicer pellet broadcasting within or around areas that were either blocked or obstructed from our management operations upon our original arrival(s). Customer fully indemnifies, defends and agrees to hold Blah Blah Inc harmless for any and all pavement or concrete surface damages ever arising from the ordinary performance of our Snow Plowings or Deicer Pellet Broadcastings. This kind of damage is solely attributable to one or more of the following factors: improperly cured pavement or concrete surfaces; deficient grading or safety barriers; deficient pavement surface coatings, overseals or underlays; and is ultimately the type of damage which can be completely minimized by the Customer or Customer’s appointee’s proper engineering of pavement or concrete materials, safety devices, or coatings/seals all being regular, preventive maintenance procedures by the Customer or Customer’s Appointees to minimize any abrasions ever rendered by our steel-bladed snow plows or corrosion from Deicers.
    This publicly recorded document entitles Customer right to assign any or all terms herein to a new occupant of this same property, at any time. This publicly recorded document also entitles Blah Blah Inc right to assign any or all terms herein to another contracting entity of this same property, at any time:
    Enter Assignee and Mail or Fax Copy to Blah Blah Inc:____________________________________________________________________.
    DUE TO OUR PREPURCHASED STOCKPILES OF: EQUIPMENT, EQUIPMENT MAINTENANCE OR REPLACEMENT, MATERIALS, SUPPLIES, LICENSING, ACCOUNTING, INSURANCE, AND PRE-HIRED LABOR EXCLUSIVELY PRE-PURCHASED FOR YOUR ICE AND/OR SNOW MANAGEMENT, YOUR CANCELLATION OF OUR AGREEMENT WILL REQUIRE either: 60-DAYS ADVANCE WRITTEN NOTICE, OR FULL-REMITTANCE OF $600***Contract Damage Forfeiture. UNLESS PROPERLY CANCELLED OR ASSIGNED EARLIER, OUR AGREEMENT IN ANY EVENT WILL BE FULLY EFECTIVE UNTIL APRIL 1ST , 2006, ONLY.
    There is a $45. -Surcharge on all returned or improperly-endorsed checks. Amounts 30 days Past-Due ARE Contract Damage*** and subject to collection: with contract damage forfeiture, with all previous invoice amounts and surcharges, with court-costs and reasonable legal fees all being customer’s full responsibility. LIMITED WARRANTY Void upon any Full Remittance of the above not being paid as agreed herein.
    All Checks are to be made payable to “Blah Blah Inc ” – endorsement only.
    ALL ABOVE TERMS AND PRICES ARE HEREBY ACCEPTED AND AGREED:

    Customer Signature _____________________________________________________Date________________

    Authorized Signature __ __ _____________ , General Mgr. Date___________
     
    Last edited: Dec 15, 2005
  2. WMHLC

    WMHLC Senior Member
    Messages: 248

    Monthly Management Fee: $ 228.50 to be postdated Prior The 13th of Each of These Months Only: December, January, February.
    50% of this Fee is non-refundable/ non-applicable. 50% of this Fee to apply to selected item(s) above between each month’s 10th and last Day Only.

    I already have a contract, I have never seen this in a contract for snow removal before, just wondering what it means.
     
  3. somm

    somm Senior Member
    Messages: 200

    If you're getting weekly/ daily measurable snow & ice WMHLC, you have zero need for charging you customers a Monthly Management Fee. In our area it can be two months between snows and a month between ice occurrences, yet we're expected to remain fully insured, stocked with supplies and equipment enough to withstand a Millenium Blizzard (ala 1977), equipment repaired or replaced, and employees fully payrolled.

    Adjust months, dates, percentiles, as you'd like.

    The Monthly Management Fee boils down to YOU GET PAID during the timeframes you need to - whether snow or ice happens or not!
    This is beneficial to the Customer from a readiness standpoint as well as benefitting the Snow & Ice Management Contractor during their long periods of time with no Snow or Ice occurring in their respective geographic area.


    The Management Fee is the Customer's Snow & Ice Insurance Plan for the season, in such geographic areas.
     
  4. WMHLC

    WMHLC Senior Member
    Messages: 248

    Makes sense, that is nice, I always charge by the season, and bill salt separte each month.