This Commercial Plowing Contract is designed for use in Switzerland when engaging professional snow removal services for commercial properties. It addresses the specific requirements of Swiss law, including the Swiss Code of Obligations and cantonal regulations regarding snow removal operations. The document is particularly relevant during winter months when property owners and managers need to ensure safe access to their premises and comply with local safety regulations. The contract includes detailed specifications for service delivery, equipment requirements, liability provisions, and environmental considerations specific to Swiss regulations. It's structured to protect both the service provider and the client while ensuring clear performance standards and compliance with Swiss commercial and environmental laws.
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1. Parties: Identification of the service provider and the client, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the services required
3. Definitions: Key terms used throughout the contract, including technical terms related to snow removal services
4. Scope of Services: Detailed description of plowing services, including areas to be cleared, depth triggers for service, and service frequency
5. Term and Termination: Duration of the contract, renewal terms, and conditions for termination
6. Payment Terms: Service fees, payment schedule, invoicing procedures, and late payment consequences
7. Service Provider Obligations: Specific responsibilities including equipment maintenance, response times, and quality standards
8. Client Obligations: Client responsibilities including access provision, obstacle marking, and communication requirements
9. Insurance and Liability: Required insurance coverage and allocation of liability for damages
10. Force Majeure: Provisions for extreme weather conditions and other circumstances beyond reasonable control
11. Governing Law: Specification of Swiss law application and jurisdiction
1. Environmental Compliance: Specific provisions regarding use of de-icing materials and environmental protection measures, required when operating in environmentally sensitive areas
2. Subcontracting: Terms for engaging subcontractors, necessary when the service provider may need backup support
3. Equipment Specifications: Detailed requirements for plowing equipment, important for clients with specific equipment needs or restrictions
4. Property Damage Protocol: Specific procedures for handling property damage claims, recommended for properties with valuable landscaping or structures
5. Emergency Services: Additional provisions for emergency response services outside regular service hours
6. Performance Metrics: Specific KPIs and performance standards, useful for larger commercial properties
7. Salt and De-icing Policy: Specific requirements regarding salt usage and de-icing procedures, important for properties with special surface materials
1. Schedule A - Service Area Map: Detailed map of the property showing areas to be plowed, snow pile locations, and prohibited areas
2. Schedule B - Price List: Detailed breakdown of fees for different services, including regular plowing, de-icing, and emergency services
3. Schedule C - Service Specifications: Detailed technical specifications for snow removal, including depth triggers and completion timeframes
4. Schedule D - Contact List: List of key contacts for both parties, including emergency contacts and escalation procedures
5. Schedule E - Equipment List: Inventory of equipment to be used for services
6. Appendix 1 - Insurance Certificates: Copies of required insurance certificates
7. Appendix 2 - Safety Procedures: Detailed safety protocols and procedures for snow removal operations
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