TERMS AND CONDITIONS
🌱 LAWN CARE
All full maintenance and lawn care contracts are required to have a credit card on file. Unless other payment arrangements have been made with the office. Full Service Landscape Contracts are set up to be billed in 9 monthly installments and will be charged the first of each month. The first Full Service Landscape Contract payments will be starting on April 1st and ending on December 1st, with the first mow beginning in May. All Lawn Care Contracts payments will be charged upon completion of each application.
To avoid delay in startup of services, please add or update your credit card information on file by contacting the office or If you have any questions regarding this contract at 617-333-6900.
Full service Maintenance and Lawn Care Contracts are for a term of one year and will automatically renew for successive one year terms unless the customer gives written or verbal notice of cancellation at least 30 days prior to renewal to the office only.
🌿 MAINTENANCE / GENERAL SERVICES
All invoices are due upon receipt. All accounts overdue 30 days will be subject to a $15 late fee or a 1.5% per month late payment charge, whichever is greater. For any accounts 30 days past due the services will be placed on hold until payment is received. Accounts 60 Days Past Due are sent to Collections using a 3rd party debit collection agency or attorney. Upon default, Molloy Lawn & Landscape will pass the customer’s debt obligation to the third party for collection in which the customer will be liable for the debit owed, plus the 3rd party collection agency fees and reasonable attorney fees.
We reserve the right to increase the contract pricing to include the cost of labor, materials, equipment and fuel but not to exceed the C.P.I. (Consumer Price Index) for Massachusetts Counties: Plymouth, Norfolk and Suffolk.
To better assist our customers we offer a free Customer Service Portal Website. From this website you can pay your bill, ask questions, request service, sign up for auto-payments, and report concerns. You can also see your account balance, invoice, and payment history. Click here to register
WARRANTIES & CONDITIONS
All material is guaranteed to be as specified.
All work is to be completed in a workmanlike manner according to standard practices.
Any alteration or deviation from specifications involving extra costs will be executed upon written orders, and will become an extra charge over and above the estimate:
Any additional labor, supervision and/or travel beyond what is outlined in the above contract will be billed at $85 per man per hour plus materials, equipment and disposal fees at our standard rates. Labor does not include transportation to and from the job site
Lawn Installation: For lawn installations if you have a sprinkler system to avoid any damage please have your sprinkler heads marked prior to our arrival. We cannot be held liable for any damaged sprinklers, irrigation lines, electric dog fences, or underground wires. Regular watering twice a day for two weeks is imperative for successful germination of the seedlings. Care instructions will be emailed immediately upon completion of the service; it is the customer’s responsibility to verify receipt of the watering instructions or request a paper copy if desired. You can expect to start to see results after 30 days of our visit. Molloy Lawn & Landscape is not responsible for weed competition or eradication.
SEEDING WARRANTY: A WARRANTY IS NOT INCLUDED IN THIS SERVICE. A WARRANTY SEPARATELY IS TO BE DETERMINED.
Why is a warranty not included? Seed is a live product and is completely at the mercy of climate conditions outside of our control regardless of our workmanship, to be successful. More than 9 times out of 10, if you carefully follow our watering instructions you will be pleased with the results. We have found that customers with sprinkler systems have a much more successful germination. Any means of
lawn seeding (hydroseeding) will not grow if it is not watered properly, there is extreme heat, flooding or other acts of nature. Due to these reasons, if you choose not to purchase our warranty, we cannot guarantee the successful germination of your lawn.
This contract may be terminated without cause by either party with a 30-day written notification via email or by contacting the office directly. In the event this contract is terminated prior to completion, final payment shall be based on the actual services performed to date rather than the scheduled monthly
fee.
Any changes to this contract must be made in writing via email or by contacting the office (30) days prior to the change.
STORM DAMAGE: The clean up of sticks, branches etc. leaves after a storm is not included in your weekly service plan. You will be billed additionally at time and half of the hourly rate plus debris removal.
UNDERGROUND OBSTRUCTION DISCLAIMER: Molloy Lawn & Landscape is not responsible for any undisclosed, unforeseen conditions and underground obstructions not marked by Dig Safe, or properly marked by the homeowner (eg underground wiring, dog fences, irrigation lines, gas grill lines, etc)
❄️ SNOW (RESIDENTIAL)
Loader: Piling or relocating snow from where it was originally pushed is an additional charge. Loaders to pile or re-allocate snow during snowstorms of 6” or more or after several successive storms are not included in any contracts. Molloy Landscape will not be responsible for any damages occurred during relocation of snow from loader.
Premium holiday time is applicable on the following days: Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day. All rates and pricing are multiplied by 1.25.
There may be occasions when the price may be done on a per push basis at the 1-3 inch rate. The number of times a driveway will be plowed during a storm will depend upon multiple factors, such as: (a) anticipated snow depth, (b) weight of snow, (c) ice or rain potential, (d) previous snow buildup in a driveway, (e) clients desired time to be plowed initially to get out of driveway, (f) drifting snow, (g) etc.
In the event total accumulation of snow is less than two (2”) inches, Molloy Landscape will plow at its discretion and if extremely cold weather is going to exist or icing is going to occur.
In the event that you do not wish to have your driveway plowed in a particular storm, Molloy Landscape must be given 48 hour notice prior to the storm beginning, otherwise the 1-3 inch price will apply.
In an effort to keep costs down for our valued customers, we have instituted a new payment policy to reduce the cost of billings and collections. All customers desiring snowplow service will be required to pay snowplowing charges by credit card. The program will work as follows: upon completion of the snowplowing Molloy Landscape will charge the appropriate charges to the customer’s credit card and send a detailed invoice to the customer outlining the services provided and corresponding payment.
Molloy Landscape shall not be responsible for the removal of vehicles which may be obstructing those areas to be cleared of snow, as provided under the terms of this Agreement, and in no event shall Molloy Landscaping, Inc. be required to return to the Client’s property in order to plow area previously obstructed without additional charge to the Client. Molloy Landscaping, Inc. will not move or clean off any clients cars.
Molloy Landscape makes every effort to accommodate Clients desired plowing schedule. However, due to the nature/weather conditions, Molloy Landscape may not be able to clear an account on that particular time frame from time-to-time. The Client must allow Molloy Landscape reasonable time to mobilize staff and equipment.
Molloy Landscaping, Inc. will not apply any sand or salt. Molloy Landscape is not responsible for the removal of accumulated sand. If sand removal is desired, then it will be performed under a separate contract.
*Plowing, shoveling, ice and snow melt applications may be provided whether you are home or not, based on time and/or weather conditions and on the services included in your contract. These services will take varying amounts of time to complete based on storm type, intensity, duration, time of day, scope and size of your property. Customer understands that plowing, shoveling or any other type of mechanical clearing (or salting) of a particular location may not clear the area to “bare pavement”, and that slippery conditions may continue to prevail even after plowing (or application of cc or salt), ice and snow melt.
The Client shall indemnify, defend and hold Molloy Landscape harmless from and against any and all costs and liabilities which may be asserted against Molloy Landscape for any personal injury or damages to real or personal property alleged to be the result of services under the terms of this Agreement, unless it shall be determined that such injuries or damages were caused by the grossly negligent conduct of Molloy Landscape.
At no time will the contractor be liable for personal injury or property damage caused by changing winter weather conditions before, during or after the snow work, de-icing or snow melting application have been performed. If management (client) chooses not to have the contractor perform services for any reason, management (client) agrees to defend and hold contractor harmless. The contractor will not be responsible for salt or plow damage to sod, trees, or shrubs, nor scratches or scrapes in asphalt or asphalt or concrete curbs. The contractor cannot assume liability for any salt or calcium chloride damage to concrete, wood or any surface. Contractor will install snow stakes for a charge, to mark as many areas as possible.
The Client is fully responsible and liable for all treated and untreated areas. The Client assumes complete burden of responsibility and liability for any claims regarding any services or applications.
Molloy Landscaping, Inc. shall not be liable for the removal of snow which is plowed or shoveled by other snow plowing services or private parties onto areas previously cleared by Molloy Landscape.
The parties agree that this Agreement constitutes the whole Agreement of the parties and there are no other terms other than those contained herein. No variation hereof shall be deemed valid unless in writing and signed by the parties hereto. This Agreement shall not be assignable by Client, but may be assigned by Molloy Landscape in the connection with any sale of its business.
The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. The waiver by either party or a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
An extra charge can incur if we need to plow the end of the driveway after the DPW has plowed roadway.
A copy of a certified weather report will be emailed along with your invoice.
You will be billed at the end of each storm. Payment is due within 30 days from date of invoice. A 1.5% finance charge will be charged every 30 days for a total of 18% per 12 month period on invoice balances over 30 days and a $25.00 late fee.
Client is responsible for all reasonable legal and collection fees regarding the collection of any delinquent payments.
❄️ SNOW (COMMERCIAL)
SPECIFICATIONS, TERMS AND CONDITIONS
CONDITIONS:
INSURANCE:
Certificate will follow upon acceptance of proposal.
SERVICES NOT INCLUDED IN PER VISIT PRICING:
STANDARD PRACTICES TO BE FOLLOWED BY RESIDENTS
PLOWING:
(Corporate/Commercial Accounts Only): The specific items listed below are covered for periodic plowing DURING snowstorms of 2” or more, during normal business hours 7:00 am to 6:00 pm or when time and/or weather permits, prior to opening. They will be plowed OPEN to ensure the best possible access to your locations. As snow tapers off or stops, these areas will be plowed to their full length and width to the best of our ability.
SHOVELING/SNOW BLOWER:
The items listed below will be cleared at the end of the snowstorm to their full length and width to the best of our ability.
ICE MELT APPLICATION:
It is highly recommended that ICE MELT applications be made to all walks and steps to help prevent injury and ensure the best possible access to locations. Deicing and snow melting products will be applied after shoveling or after sleet/freezing rain occurs.
If Management chooses not to have ML (Contractor) provide sidewalk and stairway shoveling or ice control service for walkways, staircases and adjoining areas, this includes known and unknown pedestrian areas. Management agrees to defend and holds harmless (ML) for any and all liability that may arise.
Treated Salt or Straight Rock Salt (Dry):
It is highly recommended that we perform all of the items listed below depending on the timing and or nature of the storm to ensure the best accessible winter conditions. People are less likely to fall in snow than on ice or the thin layer of frozen film that remains after plowing. De-icing and snow melting applications are the only effective way to achieve this. Treated salt, for most applications, is salt treated with Ice Ban, which is a much lower melting point and is much more environmentally friendly. We can only treat areas accessible to our equipment and materials. It is recommended you inspect your parking surfaces daily and contact us if you feel there are any issues.
Periodic salting during snowstorms of 4” or more to roadways, entrance, exit and parking lot lanes as well as entrances and exit ways. These areas will also be serviced during winter storms with less than 2” of snow or during freezing rain and/or sleet. These services will be during normal business hours or prior to opening if time and/or weather permits.
Salting all roadways, parking lots, entrances and exit ways after snow plowing has been completed. Salt can be applied to corporateaccount roads, parking lots, entrances and exit ways when snow and icing starts during regular business hours or prior to opening.
Anti-icing applications are made to ensure a brine layer exists between the pavement and snow and ice before snow and ice storms start. This brine layer helps keep snow and ice from forming a bonding to the pavement and greatly reduces the chance of hazardous icing conditions. These applications are made at the contractor’s discretion to walks and steps with treated salt or calcium chloride and roads and parking lots with dry treated salt or liquid application of Magic O or Ice Ban or Brine.
Additional applications will be made to the hills during business hours.
Note: Grit and sand may be added to salt or used separately if there is a shortage of salt or during severe icing conditions for traction. No cleanup of sand or deicing material is included in this contract. This service is offered at an additional charge. Due to salt shortage and or materials being shipped from other markets ML (Contractor) reserves the right to add a surcharge. If ice melt material becomes unavailable due to material shortage, transportation issue, acts of war, declared or not, God or nature, the client will not hold Contractor responsible. These acts will not be grounds to terminate this agreement. The client understands and accepts that these acts may alter Contractor’s ability to meet the terms of the agreement. The client will not hold Contractor responsible for the conditions or liability caused by these circumstances.
LOADER:
A loader may be used in snowstorms of 6” or less to clear driveways, sidewalks or loading docks. This is included in the Seasonal Contracts only. It may be an additional charge for all other contracts. Piling or relocating snow from where it was originally pushed is an additional charge. Loaders to pile or re-allocate snow during snowstorms of 6” or more or after several successive storms are not included in any Contracts. Site limitations or use, topography and or lack of natural surface may require Contractor to recommend loader services on a storm-by-storm basis. This is an extra charge for all accounts and all contracts. You will be billed in accordance with prices listed in the Contract.
EXPLANATION OF SPECIFICATION
SITE-SNOW CLEARING SERVICES, DE-ICING AND SNOW MELT PROGRAM
*The contract outlines the level of service, scope of work and terms, conditions and limitations.
*Definition of clearing, pushing, shoveling, snow blowing, snow removal, snow plowing, plowing or loader work are industry recognized words and terms for mechanical reallocation of snow from lone location to a new location on the same property.
*Plowing, shoveling, ice and snow melt applications may be provided whether your facility is open or not, based on time and/or weather conditions and on the services included in your contract. These services will take varying amounts of time to complete based on storm type, intensity, duration, time of day, scope and size of your property. Customer understands that plowing, shoveling or any other type of mechanical clearing (or salting) of a particular location may not clear the area to “bare pavement”, and that slippery conditions may continue to prevail even after plowing (or application of cc or salt), ice and snow melt.
*Periodic plowing, salting or shoveling is defined as follows: These services may be performed every few hours during a snow/ice event, depending on the snow/ice storm’s severity, to open up or de-ice those areas specified in the contract. These areas must be accessible to our equipment and materials.
*The terms best, or to the best of our abilities, or good, or to open up or keep open and de-ice or apply snow melt, does not imply the contractor is stating it can provide a 100% snow and or ice-free environment before, during or after a snow and or ice event. It is the client’s responsibility to contact Molloy Landscaping, Inc. ML (contractor) whenever an unsafe condition(s) may be present on their premises.
*Snow plowing and shoveling (mechanical removal) coverage begins when 1” of snow has fallen or the trigger depth listed in your specifications or contract. This applies to per-inch contracts. These areas must be accessible to our equipment and tools
*Ice and snow melt and salting coverage may begin when snow or icing begins and will continue at periodic intervals throughout the storm. Check your contract for specific coverage. Pre-salting (anti-icing) coverage begins prior to start of precipitation Areas must be accessible to our equipment and materials. Based on temperature and precipitation type, it will take varying amounts of time for the melting process to begin. Unsafe conditions may remain even after we have applied de-icing and snow melting materials. The terms deicing, anti-icing, or melting do not guarantee or imply that all snow or ice will be melted or fully remediated. Slip, trip, and fall hazards or conditions may be present or remain before, during or after contractor has performed services. Contractor assumes no liability for natural occurring conditions including melting and refreezing.
MOLLOY LANDSCAPING, INC.
Insurance: Due to the uncertainty of insurance company’s willingness to underwrite snow liability insurance for certain types of accounts, contractor reserves the right to cancel this agreement or request additional money. Contractor will provide client with 90 days’ notice after April 1st of each year.
This written agreement contains all conditions and describes all work to be done. This agreement supersedes all previous agreements and any verbal commitments made prior to date of this agreement.
Client understands that snow plow equipment operators may have to go thru lot once to clear heavy snow and then re plow lots to clear remaining snow. Client understands that this may result in additional charges for that particular snowfall. Client agrees to pay such additional charges.
All plowings shall be considered “full plows.”
Special request plowings (for example –a phone/fax request to plow a driveway or lot mid-afternoon) are subject to a minimum charge. This is due to the fact that our driver’s get paid a three-hour minimum when called out for “special plowings”. Client will be advised of possibility of minimum charge at time of “special request”.
Contractor will exercise its best judgment based upon weather forecasts and existing conditions at the time. Client is aware that weather conditions in the New England area may change rapidly and without notice. Changes in weather conditions are considered to be an “Act of God” and Contractor assumes no liability for Acts of God. Client understands that snow accumulations may vary throughout city limits, and that accumulations in one section of the city are not necessarily indicative of the accumulation at the Clients’ particular location. Client also understands that drifting snow may necessitate plowing of their particular location, regardless of the total snowfall at that location.
Reports of damages must be reported to the contractor within twenty four (24) hours in writing. Failure to report damages constitute a waiver and the contractor is released from liability.
Contractor shall not be liable for the removal of snow which is plowed or shoveled by other snow plowing services or private parties onto areas previously cleared by Contractor, Contractor will not be responsible for sod damaged by sand or salt from streets or by snow piled next to roadways. Also, Contractor cannot be responsible for scratches or scrapes in asphalt or asphalt curbs. Contractor is not responsible for damage to asphalt berms or removal of asphalt berms due to improper installation.
Molloy Landscaping, Inc is not responsible for any damage due to pushing snow beyond the edge of the driveway due to heavy accumulation.
Molloy Landscaping, Inc. is not responsible for damage to plantings, grass, shrubs, sprinkler heads, walkways, light post, walls or other items buried in snow and not visible to the eye.
If in the event the Client requests snow removal and hauling snow due to the accumulation of plowed snow at the perimeter of plowed areas, around islands, light poles, fire hydrants, or any other obstruction, either off site or to a designated on site location, such services will be performed hourly according to the hourly rates described in the Other Services/Extra Equipment Schedule.
Contractor shall not be responsible for the removal of vehicles which may be obstructing those areas to be cleared of snow, as provided under the terms of this agreement, and in no event shall Contractor be required to return to Clients property in order to plow area previously obstructed without additional charge to the client.
Accounts that are past due will not be plowed until account is brought up-to-date. Client understands and accepts the fact that the delays in payments to Contractor may result in appropriate legal action being taken to collect monies owed to Contractor. Client understands and agrees that costs of such legal action, including without limitation lawyers fees, costs, and expenses of suit or bringing suit, may be passed on to the Client, and Client accepts this condition. Contract shall be binding inure to the benefit of the parties and their heirs, executors, administrators, and assigns.
Client understands that plowing (or de-icing) of a particular location may not clear the area to “bare pavement” and that slippery conditions may continue to prevail even after plowing (or application of salt). Client understands that Contractor assumes no liability for this naturally occurring condition. Client agrees to defend and hold harmless the contractor for any and all trespasses or suits that may arise as a result of this naturally occurring condition.
Excessive snow accumulation may result in the loss of parking spaces or reduced driving areas. Contractor will plow as close to garage doors, side of the driveway and other obstacles as the driver deems safe. To avoid damage, there will always be a strip of snow in front of garage doors that will not be plowed.
If sidewalk snow removal is selected as an option: Client understands that sidewalk crews may not work safely if temperature and wind conditions combine to make Wind Chill Factors below 0 degrees Fahrenheit. Client agrees that Contractor reserves the right to stop working in these severe conditions (without penalty) so as not to force unsafe conditions upon our employees.
This contract is cancel-able upon thirty (30) days written notification by either party. Monies invoiced or due for services rendered are due and payable upon such cancellation.
Property Checks are normally conducted in circumstance where there are minimal snow accumulations, freezing rain, drifting snow, melting & refreezing situations, etc. Note: Property Checks charges do not apply during a snow event or when an application has been applied.
Extra Equipment for Extreme Weather
Equipment | Hourly Rate |
Skid Steer Loader | $175.00 |
2 Yard Bucket Loader | $225.00 |
10 Wheel Dump Truck | $195.00 |
6 Wheel Dump Truck Roll off | $175.00 |
Dumpster Truck | $215.00 |
Mini Skid Steer with Plow or Bucket | $155.00 |
4 Yard Bucket loader | $325.00 |
Skid Steer with Snow Blower | $195.00 |
Mini Skid Steer with Snow Blower | $175.00 |
The above listed equipment requires a 4 hour minimum charge.
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