Terms and Conditions

Snow clearing means plowing snow from a described physical area to any permissible area nearby. Stacking or hauling of snow, sanding, salting, de-icing or hand shovelling are not included in this contract unless otherwise specified.

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Snow clearing will commence after an accumulation of approximately five centimetres (5cm) or more. Included are follow-up visits after city and sidewalk plows and repeat cleanings during prolonged, heavy snowstorms. The timing of service visits will vary from storm to storm. The Contractor shall be permitted to remove snow from your property at any time. If inadequate space exists on a client’s property for snow storage, whether it be at the onset of the season or season progresses, the client agrees to let the Contractor to use space on the side of the driveway or to make alternate arrangements for snow storage with an adjoining neighbour.

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The term of this contract is from November 1st to April 15th of the indicated season.

If vehicles are parked in the driveway when snow clearing is to commence, snow will only be cleared from accessible areas that open into the street.

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The Contractor shall not be held responsible for damage to objects in the designated snow removal area including but not limited to: basketball nets, garbage cans, recycling bins, plant pots, toys, hockey sticks, extension cords, and Christmas lights, etc. Please remove all articles from the driveway prior to each snowstorm.

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Basketball nets must be turned or elevated to at least 10 feet to provide adequate clearance for trucks. Please have gutter down pipe extensions removed prior to the commencement of the winter season. Elevated water main caps in driveways should be hammered down level with the surrounding surface. The client may either do this himself/herself or contact the City.

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The Contractor shall not be held liable for Personal Injury Or Slip & Falls. Benjamin Civil Contracting is only responsible for the removal of snow and does not ensure a safe or slip-free surface.

The optional application of ice melter does not ensure a safe or slip-free surface, it is only intended to reduce snow and ice buildup known as ‘hardpack’, and the ice melter will only be applied to the driveway. If opting for this service I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for any disability, personal injury, property damage, or actions of any kind which may hereafter occur to me, Benjamin Civil Contracting and/or their directors, officers, employees, representatives, and agents as applicable; and I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO BRING ACTION AGAINST Benjamin Civil Contracting for any and all liabilities or claims made as a result of the application of the ice melter to my property. The Contractor will install two border markers on the street side of the driveway prior to the snow removal season. It is the client’s responsibility to supply and install additional markers around immovable objects such as retaining walls, steps, elevated patio stones, wheelchair ramps, etc., which may become invisible when covered by snow. The Contractor will not be liable for any scratches, rust marks or damage caused to be heaved, chipped or uneven asphalt or interlock surfaces. The Contractor shall not be held responsible in any way for damages due to icy or slippery conditions.

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Walkway shoveling service, if included in this contract, is performed concurrently with the Snow clearing service. This service does not include the removal of snow accumulation resulting from roof cleaning, drifting snow, or the removal of ice from the walkway resulting from freezing rain, sleet or compaction. Shoveling of snow in front of garage doors, as well as the front steps/walkway, is included with walkway services, however excessively large porch areas or back decks may entail additional charges. In default of any payment, or upon the breach of any of the conditions herein on the part of the client, this contract shall be rendered null and void. The Contractor shall be released from all liability and shall not be required to perform any further services under this agreement.

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Should the Contractor be proven to be in breach of any of the conditions herein, this contract may be canceled by the client and reimbursed for any amounts prepaid. In the event of sale or re-occupation of the client’s house, this contract will not be canceled or refunded but may be transferred into the name of the new occupants or transferred to the new location if it is within our current service area.