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Contract Wording

Discussion in 'Ice Management' started by Fatality, Nov 15, 2010.

  1. Fatality

    Fatality Senior Member
    Messages: 226

    I have always had this clause in our contracts and until now no one has said anything. We are pursing a decent account and they want this wording to be taken out.

    "Slippery conditions may continue to prevail even after service. The contractor is not responsible nor will be held liable for any accidents related to slippery conditions."

    Yes we do have insurance but what are your inputs?
     
  2. elite1msmith

    elite1msmith 2000 Club Member
    from chicago
    Messages: 2,762

    are they per ton on salt?

    if they pay per ton, tell them sure you will be happy to take it out, but understand that you will be spreading at will to be overly sure that there is no ice on the property. if they decline to pay for that salting they can hold the liablity
     
  3. Wayne Volz

    Wayne Volz Senior Member
    Messages: 694

    Not bad wording but it could be different

    I can understand their concerns. You may want to adjust it a little. A few things need to be considered.

    I would certainly include separate sign off areas in your contract for accepting or declining ice melting products either after plowing and or if weather conditions warrant an application, add something that says something like reasonable and ordinary industry effort will be made to keep the property as safe as possible during each weather event, and be sure not to have anything in your contract that states property will be kept clear of snow and or ice. This is nearly impossible and may open the door for negligence.

    These are just a few ideas. If you are looking for some contract template formats we may have something helpful. We offer a Snow & Ice template CD that has a few different contract templates along with several other templates that can be used as a framework to design your own based on the actual services and trigger points for your business. And by all means, be sure to have your attorney give you the okay before implementing anything. The few dollars spent for legal council is well worth the cost in the end.

    Good luck.