⭐ ASR PROPERTY SERVICES – FULL TERMS & CONDITIONS ⭐
(Incorporated by reference into all Agreements and Proposals)
1. Acceptance & Authority
By entering into a Service Agreement with ASR Property Services (“Seller”), the Buyer acknowledges and agrees to these Terms & Conditions and confirms they are authorized to approve work for the listed property.
If any part of this Agreement is found unenforceable, the remaining provisions shall continue in full force and effect.
he Buyer agrees to hold the Seller harmless from all claims, losses, damages, or liability arising out of winter services, except in cases of proven gross negligence or intentional misconduct.
Seller’s liability is strictly limited to the amount paid for the specific service giving rise to the claim and expressly excludes lost profits, business interruption, consequential damages, special damages, or reputational harm.
Payments for services are non-refundable. Seller may discontinue or cancel service at any time.
Buyer is responsible for payment of all services rendered up to the time of cancellation.
Buyer must report any alleged damage or service concern in writing within 48 hours so Seller may investigate promptly.
Failure to do so constitutes a waiver of the claim.
Before filing any lawsuit, initiating arbitration, posting public reviews, or publishing negative comments, Buyer agrees to participate in third-party mediation in good faith.
Buyer agrees not to delay, withhold, or offset payments for any reason.
Buyer acknowledges that services performed may constitute property improvements and may be subject to construction lien rights if unpaid.
These Terms may be updated periodically, and the most current version posted on the Seller’s website shall govern.
This Agreement is governed by Wisconsin law, and venue for all disputes shall be Outagamie County, Wisconsin.
2. Definition of a Winter Event
A “winter event” includes any condition involving snow, sleet, ice, freezing rain, frost, melting, refreezing, drifting, or any other winter weather requiring surface management.
3. Service Timing, Triggers & Discretion
Seller uses professional judgment to determine:
Seller may perform service even if trigger depth is not reached when conditions create safety concerns such as freezing rain, drifting, packed snow, or refreezing.
Service may occur at any time of day or night as required by weather and operations.
Service times may vary due to weather severity, traffic, access limitations, safety requirements, operator rest, or equipment issues.
Seller is not liable for delays caused by third-party interference, blocked access, parked vehicles, or tenant/employee activities.
4. Ice Melt, Salt Materials & Application
Ice melt and salt may be applied before, during, or after winter events.
Application tiers may include:
Salt and ice melt materials are chemically reactive, caustic, and corrosive and may cause:
Effectiveness varies with temperature and conditions.
Bare pavement or slip-free surfaces are not guaranteed. Slippery conditions may occur before, during, and after services.
Material Shortages During periods of high demand, ice melt materials may be limited, and availability, pricing, or application rates may be adjusted as needed.
Substitute products may be used when necessary.
5. Plowing, Snow Placement & On-Site Limitations
Plowing generally begins after a storm ends or when accumulation reaches approximately 3", unless earlier service is needed for safety.
Snow will be pushed to on-site storage areas unless otherwise agreed in writing.
Equipment—other than hand tools—will not be operated within 12 inches of structures, vehicles, fences, stairs, curbs, or hardscaping.
Areas blocked by vehicles or obstructions may not be cleared.
6. Snow Removal (Hauling)
Snow removal is a separate service billed hourly, including travel time, with:
Snow removal may be delayed for operator rest and safety.
7. Property Marking Requirements
Buyer must clearly mark:
Seller is not liable for damage to unmarked items, or for damage caused by snow piles, ice melt, normal equipment operation, or weather.
8. No Guarantee of Conditions
Buyer acknowledges that winter surfaces inherently carry risk and that complete elimination of snow and ice hazards is not possible.
Seller does not guarantee:
All services are performed in good faith under reasonable operating conditions.
9. Waiver of Claims
Failure to report concerns or damage within 48 hours constitutes a complete waiver of the claim.
10. Term, Renewal & Cancellation
This Agreement shall have an initial term of three (3) years (“Initial Term”).
Upon expiration of the Initial Term, this Agreement shall automatically renew for successive three-year terms (each a “Renewal Term”) unless properly cancelled as provided below.
Either party may cancel this Agreement by providing written notice of cancellation between April 1 and June 30 immediately preceding the expiration of the then-current term.
Cancellation shall be effective at the end of the then-current term and must be received and acknowledged in writing by Seller to be valid.
Failure to order services, reduced usage, or non-payment does not constitute cancellation and does not relieve Buyer of its obligations.
Pricing for any Renewal Term may be adjusted based on market conditions, inflation, labor or material costs, or supply availability, and shall remain commercially reasonable and consistent with industry standards.
All payment obligations, liability limitations, indemnification, and enforcement provisions shall survive expiration or cancellation of this Agreement.
11. Termination for Cause.
Customer may terminate this Agreement for cause only upon ASR’s uncured material breach of this Agreement.
Customer must first provide written notice identifying the specific breach and the applicable contractual provision(s).
ASR shall have a reasonable opportunity to cure, which shall not be less than ten (10) business days, or such longer period as may be reasonably required due to weather conditions, safety considerations, or operational constraints.
Termination for cause shall be effective only if ASR fails to cure the identified breach within the applicable cure period.
Isolated incidents, operational preferences, service methodology disagreements, cost concerns, weather variability, or temporary communication delays shall not constitute cause.
Any termination attempted without strict compliance with this section shall be deemed a termination without cause and a breach by Customer.
12. Payment Terms & Enforcement
Invoices are due upon receipt or within the stated payment term.
A seven-day grace period applies, after which interest may accrue at 2% per month or statutory maximum.
Invoices not disputed in writing within 48 hours are deemed accurate and constitute an account stated.
Past-due invoices may incur reasonable administrative fees, lien processing fees, collection fees, management time, attorney’s fees, and court costs.
These charges constitute reasonable liquidated damages, not penalties. Buyer is responsible for all reasonable costs incurred to secure payment. Non-payment does not cancel this Agreement.
13. Confidentiality
This Agreement and all related documentation contain confidential business information. Unauthorized disclosure or use is prohibited.
© 2025 ASR Property Services, Inc. and its divisions. All rights reserved.
By entering into a Service Agreement with ASR Property Services (“Seller”), the Buyer acknowledges and agrees to these Terms & Conditions and confirms they are authorized to approve work for the listed property.
If any part of this Agreement is found unenforceable, the remaining provisions shall continue in full force and effect.
he Buyer agrees to hold the Seller harmless from all claims, losses, damages, or liability arising out of winter services, except in cases of proven gross negligence or intentional misconduct.
Seller’s liability is strictly limited to the amount paid for the specific service giving rise to the claim and expressly excludes lost profits, business interruption, consequential damages, special damages, or reputational harm.
Payments for services are non-refundable. Seller may discontinue or cancel service at any time.
Buyer is responsible for payment of all services rendered up to the time of cancellation.
Buyer must report any alleged damage or service concern in writing within 48 hours so Seller may investigate promptly.
Failure to do so constitutes a waiver of the claim.
Before filing any lawsuit, initiating arbitration, posting public reviews, or publishing negative comments, Buyer agrees to participate in third-party mediation in good faith.
Buyer agrees not to delay, withhold, or offset payments for any reason.
Buyer acknowledges that services performed may constitute property improvements and may be subject to construction lien rights if unpaid.
These Terms may be updated periodically, and the most current version posted on the Seller’s website shall govern.
This Agreement is governed by Wisconsin law, and venue for all disputes shall be Outagamie County, Wisconsin.
2. Definition of a Winter Event
A “winter event” includes any condition involving snow, sleet, ice, freezing rain, frost, melting, refreezing, drifting, or any other winter weather requiring surface management.
3. Service Timing, Triggers & Discretion
Seller uses professional judgment to determine:
- Trigger depths
- Trigger times
- Appropriate timing of plowing, salting, and ice management
- Equipment, materials, and methods used
Seller may perform service even if trigger depth is not reached when conditions create safety concerns such as freezing rain, drifting, packed snow, or refreezing.
Service may occur at any time of day or night as required by weather and operations.
Service times may vary due to weather severity, traffic, access limitations, safety requirements, operator rest, or equipment issues.
Seller is not liable for delays caused by third-party interference, blocked access, parked vehicles, or tenant/employee activities.
4. Ice Melt, Salt Materials & Application
Ice melt and salt may be applied before, during, or after winter events.
Application tiers may include:
- Light: 250 lbs/acre
- Average: 500 lbs/acre
- Heavy: 1,000 lbs/acre
- Extreme: 2,000 lbs/acre
Salt and ice melt materials are chemically reactive, caustic, and corrosive and may cause:
- Harm to vegetation, landscaping, soil, or living organisms
- Surface deterioration, wear, staining, or spalling
- Corrosion to metal, concrete, asphalt, pavers, and masonry
Effectiveness varies with temperature and conditions.
Bare pavement or slip-free surfaces are not guaranteed. Slippery conditions may occur before, during, and after services.
Material Shortages During periods of high demand, ice melt materials may be limited, and availability, pricing, or application rates may be adjusted as needed.
Substitute products may be used when necessary.
5. Plowing, Snow Placement & On-Site Limitations
Plowing generally begins after a storm ends or when accumulation reaches approximately 3", unless earlier service is needed for safety.
Snow will be pushed to on-site storage areas unless otherwise agreed in writing.
Equipment—other than hand tools—will not be operated within 12 inches of structures, vehicles, fences, stairs, curbs, or hardscaping.
Areas blocked by vehicles or obstructions may not be cleared.
6. Snow Removal (Hauling)
Snow removal is a separate service billed hourly, including travel time, with:
- One-hour minimum
- 15-minute billing increments
Snow removal may be delayed for operator rest and safety.
7. Property Marking Requirements
Buyer must clearly mark:
- Curbs and islands
- Utilities and hydrants
- Obstacles, drains, and raised structures
- Hazards and areas requiring special attention
Seller is not liable for damage to unmarked items, or for damage caused by snow piles, ice melt, normal equipment operation, or weather.
8. No Guarantee of Conditions
Buyer acknowledges that winter surfaces inherently carry risk and that complete elimination of snow and ice hazards is not possible.
Seller does not guarantee:
- Bare pavement
- Dry pavement
- Slip-free or ice-free surfaces
- Performance of de-icing materials during extreme cold
All services are performed in good faith under reasonable operating conditions.
9. Waiver of Claims
Failure to report concerns or damage within 48 hours constitutes a complete waiver of the claim.
10. Term, Renewal & Cancellation
This Agreement shall have an initial term of three (3) years (“Initial Term”).
Upon expiration of the Initial Term, this Agreement shall automatically renew for successive three-year terms (each a “Renewal Term”) unless properly cancelled as provided below.
Either party may cancel this Agreement by providing written notice of cancellation between April 1 and June 30 immediately preceding the expiration of the then-current term.
Cancellation shall be effective at the end of the then-current term and must be received and acknowledged in writing by Seller to be valid.
Failure to order services, reduced usage, or non-payment does not constitute cancellation and does not relieve Buyer of its obligations.
Pricing for any Renewal Term may be adjusted based on market conditions, inflation, labor or material costs, or supply availability, and shall remain commercially reasonable and consistent with industry standards.
All payment obligations, liability limitations, indemnification, and enforcement provisions shall survive expiration or cancellation of this Agreement.
11. Termination for Cause.
Customer may terminate this Agreement for cause only upon ASR’s uncured material breach of this Agreement.
Customer must first provide written notice identifying the specific breach and the applicable contractual provision(s).
ASR shall have a reasonable opportunity to cure, which shall not be less than ten (10) business days, or such longer period as may be reasonably required due to weather conditions, safety considerations, or operational constraints.
Termination for cause shall be effective only if ASR fails to cure the identified breach within the applicable cure period.
Isolated incidents, operational preferences, service methodology disagreements, cost concerns, weather variability, or temporary communication delays shall not constitute cause.
Any termination attempted without strict compliance with this section shall be deemed a termination without cause and a breach by Customer.
12. Payment Terms & Enforcement
Invoices are due upon receipt or within the stated payment term.
A seven-day grace period applies, after which interest may accrue at 2% per month or statutory maximum.
Invoices not disputed in writing within 48 hours are deemed accurate and constitute an account stated.
Past-due invoices may incur reasonable administrative fees, lien processing fees, collection fees, management time, attorney’s fees, and court costs.
These charges constitute reasonable liquidated damages, not penalties. Buyer is responsible for all reasonable costs incurred to secure payment. Non-payment does not cancel this Agreement.
13. Confidentiality
This Agreement and all related documentation contain confidential business information. Unauthorized disclosure or use is prohibited.
© 2025 ASR Property Services, Inc. and its divisions. All rights reserved.
