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Walmart Contract

Discussion in 'Business Fundamentals' started by slade, Feb 9, 2007.

  1. slade

    slade Senior Member
    Messages: 142

    I have a question for those of you that have dealt with Walmart. They emailed me a contract the other day( 15 pages long).

    Here is part of the contract not word for word but this is the jist of what it is saying--= Contractor shall at all times indemnify, defend and hold harmless Walmart against and from any and all lawsuits, claims, actions, and expenses including attorney's fees arising out of or related to the acts, omissions, negligence or willfull misconduct of Contractor.

    Does this mean that if for some reason(truck breakdown or whatever) I can't get their lot salted and someone falls and breaks their neck that I'm the one getting sued or liable for the lawsuit. This is how it sounds to me but not for sure, I just would like to get some of your guys opinions that have experience with this contract stuff.

    I have salted the lot for 5 years, never plowed someone else does that. Never signed a contract with them. They just call everytime that they want it salted, usually not very picky at all. Half the time I end up calling them to ask if they want some salt laid down. Earlier this season they did have someone slip and fall in the parking lot. Thanks for your help.
  2. Superior L & L

    Superior L & L PlowSite Veteran
    from MI
    Messages: 3,035

    Yep, pritty much the liability is all on you. Its very common when you do larger project that you sign there contract not they sign yours as it is with smaller projects. Im sure lots of people on this site will say " well i dont do this, i have them sign my contract and i do amendments to there contract " but this is how it is.
  3. tjlands

    tjlands Senior Member
    Messages: 574

    That is very surprising that you did not have a contract with them before. Surprising for both of you.
    The statement that you have read is very typical for a large commercial contract.
    My own contract would be added to theirs and the liability games begin.
    With that kind of exposure(amount of people) both of you need to be covered. In most cases if I accept liability then they have to have an open checkbook because I am going to
    make sure they stay blacktop no matter what falls.
  4. DugHD

    DugHD Senior Member
    from Maine
    Messages: 420

    I have just recieved the same contract. I already have a contract with walmart. So i'm thinking if they are going to make me sign this to fininsh my years contract I already have in place . That i would add another year to the date and send it back and see if they sign it.
  5. Oshkosh

    Oshkosh PlowSite.com Addict
    Messages: 1,655


    Are all WalMarts buy the season like the one down the road from me?
    It does read that all liability is on you the contractor.
    If it is all seasonal and you make all the calls that kind of makes sense.
    If they have a trigger and call you in by the push or hour then it makes no sense from the contractors side at all.
  6. slade

    slade Senior Member
    Messages: 142

    Oshkosh- My thoughts exactly, Why would I assume responsibility for a slip and fall if I do not call the shots as to when it gets salted. I get the impression from them that they are very tight. The one storm when the had someone fall and get hurt, I had called them to see if they wanted to salt the parking lot(7 pm, everything was a mess, I had salted nearly all if not all my lots and none of them get near the traffic that Walmart gets) and they said no maybe later. They call at 12:30 am, and say one of there delivery trucks is stuck, so they ask if I could salt the back area where the delivery trucks come in, and take a look at the front area of the store maybe it needs some salt too. So I went and salted the back area and the front area, I could have put more salt down in the front area but I got the impression that they were not to concerned about it so I didn't want to lay down 20 tons of salt. That night I laid down 7.3 tons, the next day I laid down 2.3 tons right after this second application they call and say someone fell on the parking lot.

    On average I probably lay down about 9 tons per event, say 5 events per year, thats 45 ton, at say $60 profit per ton= $2700 profit for the season, this doesn't seem like near enough money to justify accepting responsibility for slip and falls. On these big lots, how do you guys charge for salt per ton, per application, per season? If am going to sign this contract I am going to have to get a lot more money out of the salting. And I'll be salting it whole lot more than they want it salted right now.
    Last edited: Feb 9, 2007

    KINNCO Senior Member
    Messages: 256

    :nono: You wouldn't want to go up against Wally World in court

    you'd lok like this :jester:
  8. Oshkosh

    Oshkosh PlowSite.com Addict
    Messages: 1,655

    I agree from a business stand point...

    I agree ,if they want you to shoulder the responsibility you need to have full control of the salting/plowing operations.
    They may want the best of both worlds but that is not reality.They throw the burden on you and then they save money by not calling you and someone falls, oh well not our problem....Only in a perfect world!!!
    One million dollar lawsuit would pay for many seasons of snow removal(Most seasons anyways).
    The wally world up the street is by the season,materials included so I could understand the burden being on the contractor, but not if they are calling the shots.

  9. Rcgm

    Rcgm Senior Member
    Messages: 613

    That contract I would never sign in a million years.Just like one said go up against walmart in court you will LOSE.They got a staff of lawyers that is probally bigger than all the members on this site.I bet the insurance to cover you for everything in there contract would cost you more than you would make.

  10. tjlands

    tjlands Senior Member
    Messages: 574

    I charge per application. Most people that you are dealing with have no clue how much salt is in a ton or an application for that matter. Figure out how much profit you need to make and charge accordingly.
    $60 profit for a ton of salt is extremely low in my opinion.
  11. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    You signed a contract in which you said you would accept all responsibility AND they get to decide what to pay for? Next stop should be your insurance agent to let them know what you've agreed to. I think you might be in for a surprise.
  12. Silentroo

    Silentroo Senior Member
    Messages: 147

    Actually depending on the exact wording, you may or may not be on the hook as far as you think and the above apply. The wording generally in Walmarts contract attempts to limit their liability however nothing can. All you have to prove is you acted in a responsible manor, you did what a reasonable person would have done. Yes you will get named however Walmart will as well. Any slip and fall lawyer will not let walmart go and will make your case for you. They don't want your plow and sander they want walmart.

    I have seen the language, and our contract reads the other way. that we have; no, none, not one bit, of any kind of responsibility no matter what we do..... However in every case we are named as well....

    The place it gets you is if you are not acting professionally or do poor work.

    If you hold to the contract eg triggers and such you limit your liability. Breakdowns can be a problem however generally the bigger problem is getting fired as you did not do the job.
  13. ThisIsMe

    ThisIsMe Senior Member
    from Mass
    Messages: 745

    I think it is clearly obvious you cannot right away your liability 100% as Walmart is trying to do. Ultimate responsibility lies with the property owner (in this case Walmart).

    Sure you might be named in the case as a defendant, but who do you think the plaintiff's attorney is going to go after? You are Walmart?
  14. wirenut

    wirenut Senior Member
    from nh
    Messages: 507

    they look for money and dont care where they get it
    it cost me 500 just to make some scumbag to go away
    when i plowed for the city
  15. slade

    slade Senior Member
    Messages: 142

    These contracts for Walmart are they signed by the local store manager or by the home office in Arkansas? It was emailed to me from their headquarters I believe.
  16. REAPER

    REAPER 2000 Club Member
    from 60050
    Messages: 2,228

    I am not a lawyer but I have paid many before.

    the wording you put up....

    "Contractor shall at all times indemnify, defend and hold harmless Walmart against and from any and all lawsuits, claims, actions, and expenses including attorney's fees arising out of or related to the acts, omissions, negligence or willfull misconduct of Contractor.

    Seem to read that you will not hold them to blame for something you did. Like knocking over a light post or going through a wall or something. Or running someone over in the lot while plowing. To me it reads that you do not hold them libel for your actions.

    Not slip n falls.

    This all may be moot because you do not have the exact wording of it posted.
  17. LHK2

    LHK2 Senior Member
    Messages: 205

    If you sign it, your responsable for anything, car accident slip and falls. If the have to make the decision for you to salt, it is on there hands. You said they had a fall earlier, this is why they are probably making you sign it so they are off the hook for the next fall.
  18. Scottscape

    Scottscape Senior Member
    Messages: 662

    I don't sign anyones contract/agreement they always sign mine. As said in all of my agreements/contracts "with respect to the client, scottscape maintenance is an independent contractor and not an employee of the client". By signing their contract it kinda gives them the idea that you're their employee and what they say goes basically. I agree, I wouldn't wanna' go up against walmart in court. I just receieved a call from them yesterday, I'm sure some of you can probably take a good guess what I told them. :) My best advice for some of you guys is to stay away from the clients contracts.