union electrique, du vanuatu limited republic of … · onditions concluded between the government...

23
UNION ELECTRIQUE, DU VANUATU LIMITED REPUBLIC OF VANUATU DOCUMENT 3 OF 3

Upload: buicong

Post on 30-Nov-2018

235 views

Category:

Documents


0 download

TRANSCRIPT

UNION ELECTRIQUE, DU VANUATU LIMITED

REPUBLIC OF VANUATU

DOCUMENT 3 OF 3

rr TABLE OF CONTENTS

SI;BSCRlPTION POLICY ,

GEXERU CONDITIONS

OBJECT OF THE POLICY PAGE 1

OBLIGATIOXS OF THE WATER SERVICE 1

LMETHOD OF S'LrBSCX€"IlON TO WATER SUPPLY 2

W.4TER COXSZCTIOYS : COhZXTIONS OF ESTABLISHMENT .Q\D RESPONSIBILITY 3

SUBSC'RIPTIONS

APPLICATIOS FOR SLZ3SCEUPTION 4

REGULATIONS .QPLICABLE TO ORDINARY SUBSCRIPTIONS 4 .

CESSATION, REiu'EW,.U, AND TRAI\ISER OF O R D ~ A R Y SUBSCRIPTIONS 5

ORDINARY SUBSCRlPTIONS 5

SPECIAL SUBSC'EUPnONS 6

TEMPORARY SUBSCWPTIONS 6

SPECIAL SUBSCRIPTIONS FOR FIRE FIGHTING 6

WATER CONYECTIONS, METERS AND P4TERNXL INSTALLATIONS

PAGE .UTICLE 13 COlvWfISS'IOBmG OF W.4TER CONNECTIONS ?I mD METERS 7

[ .mTICLE 14 THE OPERATION OF SUBSCRIBER'S INSIDE 8 IKST.ALLATIONS-GEh'ER4.L RUXES.

ARTICLE 15 SUBSCRIBER'S XiU'SIDE NSTALLATIONS r - - SPECLU, CASES i

MTICLE 17 METERS : RE,4DDiiGS - OPERATION P - X4INTENANCE

ARTICLE 18 VERIFICATION OF METERS

ARTICLE 19 PAYMENT OF TWE COhi'ECTION 1

ARTICLE 20 PAYMENT FOR WATER SUPPLY

*' 'XTICLE 21 COST OF l3TERVE3TIONS ON THE CONNECTION m i PENALTIES

1 "ICLE 22 COPVIPENSATION FOR EXTENSIONS AND OTXER COSTS IN THE EVENT OF CAXCELLATION OF SUBSCRIPTIONS

1 : ARnCLE 23 POLICY FOR EXTENSIONS CARRIED OUT AT TEE REQUEST OF PRIVATE INDIVIDUALS 14

7 ARTICLE 24 COLLECTION

1

1

XiriTERRUPTIONS AND RESTRICTIONS TO THE WATER SERVICE

P mTICLE 25 INTERRUPTIONS DUE TO ACTS OF GOD 15

~ ~ R T I C L E 26 WATER QUALITY 15

I CASE OF THE F I E FIGHTING SERVICE 16

CEkPTXR VI

CONDITIONS OF ENIFORCJCMXNT

r ARTICLE 28 DATE OF ENFORCEMENT

pARTICLE 29 MODIFICATIONS TO THE POLICY

m

t .ARTICLE 30 EXECUTION CLAUSE

GENERAL CONDITIONS

I

y virtue of the Operation and Management Contract, hereinafter referred to as the Schedule of onditions concluded between the Government of VA\TATU hereinafter designated as the

Community and the company UNELCO VANUATU Ltd, the latter takes on the capaciry of the

1 SUEGCWTIOPU' POLICY

- .

"Water service" for the execution of this policy. n I ARTICLE 1 - OBJECT OF THE POLICY

CELAPTER I

&us policy, an appendix of the Schedule of Conditions, has the purpose of de-g the conditions 1 ---7d means according to which the supply and use of water is eEeected from the network in agreement

d h the Schedule of Conditions for which the general conditions and eventual modifications, if the B a s e may be, are applied to dl subscribers.

n ARTICLE 2, - OBLIG-ATIONS OF THE WATER SERVICE

, The Water Senice is bound ro supply waser to all applicants ro a subscription in accordance with this policy and subscription agreement as pro\ided for in . h i d e 6 hereinafter. .

The Water Service is responsible for the ?roper operation of the utility.

The water connections and ineters shdl be installed by the Water Service in such a way as to d a w their proper operation under normal conditions of service and utilisation.

he Water Service is bound to continually supply water having the qualities as required by the i regulations in force. n

However, under exceptional cirtmnsances, duly justified (Acts of God, works, fie), water shall be * supplied in accordance with Articles 25 to 27 of this policy.

The Water Service is bound to inform the Community and the Minister for Public Health and Water Supply in Rural Seeton of dl changes to the quality of water which could have repercussions on the health of users either directly or indirectly according to it's use (warhhg, watering, etc). All i n f b ~ t i o n junify;lg the conformity of water to the regulations concerning it's potability shall be put at the disposal of all subscribers who should request it. n D~Wmnts just.@n$ water qudualir, rhaU be presented in such a way so as to adequately inform the

i: subscriber.

r 2CLE 3 - METHOD OF SUBSCRIPTION TO WATER SUPPLY

IJI new users wishing to subscribe to the water supply shall make an application to the Water

F = r i c e . In signing the application the applicant accepts the conditions of this policy and later ~odif~cations which could be nade :o it in accordance with Article 29.

i

his application for subscription agreement is to be filled out in duplicate and signed by both parties. copy is issued to the subscriber.

I"" ater supply shd be eEected only through water connections fitted with a meter except for the hrst

I sw months of the Contract where an interim situation may be toter~ted.

~ ~ R T € ' c L E 4 - DESCRIPTION 06 WATER CONNECTIONS

k h e water connection comprises, from the water main on the public domain and following the p s t route :

i - _ ,ie tapping band on the distribution rnain

rb The connection pipe in both h e public and private domain up to the meter

the stopcock before the meter if need be

I - the meter r- the stopcock after the m a e r

,I - the meter box so protect the meter if need be

, A single building may only have one water connection. However, at the discretion of the Water Service if the building has more than one tenant, more than one distinct connection can be made. The r rply may camprise only one connection fitted with one ~eneral meter and as many branches fitted

1 with meters as there are tenants in the building.

r Individual building, even if adjoining, must be supplied f?om individual connections, except in the case where the water is subscribed to a common user be it agi-icultural, industrial or commercial.

RESPONSIBILITY

r The route to be followed by the water connection shall be determined by the Water S e ~ c e in consultation with the owner. ;\s fu as practical it should be perpendicular to the water main in the

r public domain. The Water Service shall determine the diameter of the connection and the position of the meter which shall be as close as possible to the properry boundary.

n The water comection is made at the request of the owner or teMant

,he Water Service shall communicate to ihe prospective subscriber a quotation for the works to be ,zrried out.

F ,for personal convenience or special conditions on the site to be supplied, the owner requests ,,~odifications to the conditions of instailation provided for in the Schedule of Conditions, the Water

1 Semice may consent, subjecs to all supplementary expenses of instailaiion 2nd maintenance resulting :om the modifications being at the expense of the o w e r . The Waw Service, however, reserves the , ight to reject these modifications if they are not considered to be compatible with the conditions of

I use and maintenance of the comection.

daintenance and renewal of water connections , as described above , is carried out by the Water Sewice or under it's supervision by a contractor or a company or other body approved by him. lowever the meter box m y be constructed by the sibscriber in conformity with the requirements of

the Water Senice.

f JTdter coniiections, up to but including the meter and excluding, if my, the meter box, are an integral p, , of the network.

[ The length of the water connection is meesured from the axis of the public road to the meter. dowever, in roads with water mains on both sides, the length is measured from the main.

( Ihe lump sum cost listed above includes the trench to normal depth in ordinary ground, the supply I stnd installations and layins of the tappins b a d , the stopcock before rhe meter, pipework and nccessories. This price does not include the supply or installation of the meter box, nor the [ .einstatement of surfaces, if one exists, nor the boring through wdls or supplementary works due to the nature of the ground. In this case, the actud supplementary expenditure shall be added to the h e cost of the connection.

1 .

Maintenance and renewal of water connections , as described above , is carried out by the Water 1 Service or under it's supe~s ion by a contractor or a company or other body approved by him. i

That part of the water connections inside private property and up to the meter only, includes 'hworks, plumbing and backfill and does not include demolition or reconstruction of masow or 11 :onCrete structures nor the removal of trees or plants or their plantation.

I The Water Service alone is allowed to intervene on that part of the connection inside private 1 property up to the meter. The subscriber, however, remains responsible for the connection and

accepts a l l consequences which this notion implies in the matter of liability. Consequently, he s h d be liable for all damages to that pax of the connection situated in the private property. The subscriber s h d advise the Water Service i-tdiately he is aware of any leaks or a n o d e s in the connection.

I The route followed by the connection inside private property shall be kept Eee from all construction or trees such that the Water Service may intervene on the connection without dficulty.

1 The maintenance incumbent on the Water Service does not include :

- The cost of shifting or modifying water connections at the request of the subscriber.

I : - The cost of repairs and darna8es resulting from the subscriber's fault. ; - The cost of the reinstatement of all structures constructed on the route of the connection.

11 These shall be at the expense of the subscriber; ' .-

CELPTER II:

ARTICLE 6 - APPLICATION FOR SUBSCRIPTIOIU' il I

~ubscriptions to eisting connections are ganted to owners or Life ttnants of buildings as well as to

D, i If the connection is in conformity with the requirements of the Water Service, the Water S enice is bound t o supply water to all applicants hlfiIling the terms of the agreement within a maximum pried of eight days following the signature of rhe application for subscription.

I

la If a new connection has lo be constructed the applicant shall be informed of the delay on sizning of the subscription application, which shall be no greater than one month.

!

I ne Water Senice may postpone mt ing of a subscription or limit the size of the c o ~ e c r i o n (and hence the flow) if the requiremenrs of the applicant require upgrading or an enension of the network.

Before water supply is perinmentiy connected to a new building the Water Service may q u i r e the applicant to show proof ihar he is in compliance wirh town planning and drainage and sewerage regulations.

A security deposit shall paid on si-ging of the agreement. It is delemined in function of she water meter diarneret installed and is equd to the product of the number of mj in the table below md the base rate for the lowest range of consumption.

r O r d h y subscriptions shall be contracted for a period of one year and shall be renewed by tacit agreement for one year terns. Subscriptions can be contracted at my time of the yeat but the first

r fitll term begins to rn from the senlement date of the &st billing following signature of the application for subscription.

B

r The subscription fee, and if it be the case, the volume of water it entitles the subscriier to, for the period up to the first billing, shali be propofiional to the duration for which the subscription has been m t e d . Thereafter, the subscription is subject to the payment of the full subscription fee.

r L

SEE OF THE METER SECLXTY DEPOSIT in m3

50 100 200 500 700

r ljmmor3 rn3

t

r i

r rLL

20 mm or 5 m3 25 mm or 7 m3 30 mm or 10 mj 40 mrn or 20 m3 over and above 1000

At the time of contracting the agreement, a fee equal to the cost of 10 m3 of water at the base rate shall be paid for the establishment of documents,

A copy of this policy and OF the current rariffs are held at the disposal of the subscriber for perusal at the offices of the OPERATOR.

The subscriber m y relinquish his subscription only by notice to the Water Service by registered letter, at least fifteen days before the end of the current term. In the absence of such a notice the subscription shall be renewed by tacit renewal.

At the time of a transfer, that is, when a new subscriber succeeds an old subscriber, the new subscriber is billed for the cost of reconnection if succession is not immediate.

4t the time of succession of a subscription, the supply to the connections which may be turned off and the meter may be removed except in the case of an immediate succ&sion by a new subscriber. Likewise the connection may be disconnected at the public main. The cost of turning off the water supply shall be at the expense of the subscriber in accordance with the conditions provided for in ArtlcIe 2 1.

If, foIlowing cessation of a subscription at the owners request or the subscriber requests withm a peI-iod of less than a year from ttxe cessation of the previous subscription the reactivation of the subscription and the reinstallation the meter, the Water Service may require payment of the subscription for the period of intemphon in addition to the cost of reconnection of water.

The surrender of the subscriptron may, if need be, entail the application of the conditions set out in Article 22.

In the case of transfer of the subscription, for whatever cause it may be, the new subscriber is substituted for the former, without any cost other than those mentioned in Article 9 of this poIicy and, if it be the case, the cost of reconnection of water. Former subscriber or in the case of death, his heirs or beneficiaries, remain liable to the Water Service, for all monies due by virtue of the original subscription.

The subscription is not transferable from one building to another. The same applies to the split up of a building, each fraction of the building is subject to a separate subscription.

MZTICLE 9 - ORDINARY SUBSCRIPTIONS

Ordinary subscriptions a e subject to quarterly charges as defined in the Schedule of Conditions. The tariffs include :

* Maintenance of the connection * Rental and maintenance of the meter * A cost per cubic meter for volume of water consumed * If it be the case, the different aves implemented by either the Republic of VAMJATU or the Municipality of PORT VILA.

6. 6 wever, by special dispensation from the above, water meters belonging to subscribers may be naintained and renewed by the OPEELATOR.

F R ~ C L E 10 - SPECLiL SUBSCRLPTIONS

-If the Water Service lowers ir's tariffs, referred to in the Schedule of Conditions, for certain subscribers whose consumption inight just* such action, either subject or not to certain conditions, it hail apply the same reductions in tariFs to aJ subscribers in the same conditions of supply, and in pmicular those conditions re!atins, to rights of consumption, times of usage and of consumption and the t ern of the subscription whch art as beneficial to the Water Service.

-Subscriptions referred to as "Stand-By Subscriptions" cm be requested by subscribers if their needs for water supply are not immediate. They shall be subject to special agreements. They must be transformed into an ordinary subscription within a period of three (33 years.

emporary subscriptions (connections for work sites, temporary needs) may be gmted xceptionaliy for a limited duration subject to it not causing any inconvenience to water supply in R

' generd.

bernporary subscriptions may be r~bject to the payment of an advance on consumption to be I determined in each case.

f i h e supply of water in accordance wirh this a p e m e n t is subject to a special agreement. i TICLE 12 - SPECLiL SLrBSCRPTIOfiS FOR FXRE FIGHTING r

The Water Service may grant, if it considers it compatible with the proper operation of water supply, flsubscriptions for fire fighting subject to the applicant having already subscribed to an ordinary

lsubscription.

r T + e subscription is automatically cancelled in the case of non payment of the ordinary subscription. 1 1 '

i subscription^ for fire fighting - eive rise to special agreements which take into account the hancial

rand technical considerations.

The subscriber waivers any recourse against the Water Service for liability for whatever reason it might be in the event of the inadequate functioning of his own installatio~l~ and in particular fire r hydrants

' ARTICLE 13 - CO31MISSIONI3G OF WATER CONNECTIONS AND METERS .- ) The c o r n m h i o ~ n s of water comections may only take place after payment of monies due to the

Water S m k e in accordance with .h-ticle 19 hereinafter.

1 If the building has several apartments the following elements may be installed at the extremity of the water connection :

* Either one meter which shall be used for an overall biliing of the building, or as many meters as there are zpartrnents from which each aparrrnent shall be supplied individually. In the latter case each meter shall give rise to a subscription.

Subjecs to approval by the Water Senice, a single general meter referred to as the primary meter, and individud meters for each apartment referred to as secondary meters shall be installed. Ln this case, the prirnzrl, meter shzll be the object of a subscription to which the volume recorded shall be billed &er deductions of the volume recorded by each secondary meter. Each secondary ineter shall be the object of a subscriprion.

Before the commissioning of a water connection the Water Senke may require the w z m connection to be put into codormity (including the meter box and it's cover) in accordance with technicd standards in force. This putting into conformity shall dso apply to dl new subscriptions.

Water meters are installed and maintained by the Water Senice.

The water ineter must be installed wirhin the private property and zs close as possible to the public domain and must be ezsily accessiiole to the agents of the Water SeIvice at all times.

Tf the distance between the public domain and the Erst buildings of the subscriber is considered too ng (maximum ; five metres (jrn) ) by the Water Service, the meter must be installed in a meter box

or manhole.

If the meter is positioned inside a building, that part of the connection inside of the building and upstream from the meter must be visible and dear of ail encumbrances, such that the Water Service may have free access and be able to verify that no illicit connection has been made on that part of the suppIy pipework.

The type and sire of dl meters are determined by the Water Senice taking into account the requirements of the subscnber and in accordance with the regulations relating to weights and measures.

4 naximurn flow rate for each size of meter is indicated in the table below :

i - z instantaneous flow rate of a subscriber does not correspond to the values in the izble above, the Water Service shall replace, at the expense of the subscriber, the meter with a meter of m Tppropriatc size.

1 Meter Size Maximum Flow .Ulowed

ti -

ITbe W a t x Scnice reserves the riat to limit the ih- of a meter and to request the comimc~ion of a i a t e r tank Lo any user whose consumption may be detrimental to water supply in general.

I l j m m o r 3 m3 1 20mmorSmS 2 5 m m o r 7 d 30mrnor 10 rn3 40mm or 30 m3

l?he subscriber shall noti& without deiay the Water Servics of any malfunction or mondy in [he / vater connection or meter.

ARTICLE 14 - THE OPERATION OF SZI'BSCRIBER'S LSiS'IDE INSTAILATIONS - GENERAL R I I E S

insrantmeous Flow Vs

' '- A stopcock afrer the meter I * ff need be, a scour valve ! * - If need be, a pressure reducing valve 1

I *- If need be, a non-return vaive

Daily Flow m3

P

L , The installation of the water connection by the Water Service includes the installation of ihe meter and it's connection to the supply pipe. The Weter Senice is not bound to connect the subscribers ,pipework to the meter. In the case where the Water Service should carry out this operation fiee of charge, this work will be carried out under the responsibility of the subscriber who will be responsible to check or have checked the water tightness of the installation, The responsibitity of the Water Service is limited to as far as the meter.

C works of establishment and maintenance after rhe meter are carried out by private conrradors chosen by the subscriber and at his cost. However, the Water Service reserves the right to refuse the

, CQmmissioning of a water connection ifthe internal installations codd be detrimental to the proper operation of the network. The subscriber alone is responsible for all damages caused by bath the construction and the operation of the installations carried out under his responsibility.

0.8 1.4 1.9 2.8 5.6

3 5 9

14 35

9. ( b1 equipment which may constitute a danger to the distribution network or the water connection, in

pnicular, wster hammer, must be immediately replaced. If this is not carried out, water supply to +e connection shall be cut off. In particular self-closing valves must dose sufKciently slowly to

[fvoid all water hammer. In all eases where there is a risk of water hammer the Water Senice may impose the installation of a water hammer protection device.

1 subscribers who have within their property pipewarks supplied by water from a source other than e Water Service's supply must notie the Water Service. For health reasons, all connections

between these pipeworks and those supplied by the Water Service is absolutely forbidden.

l ~ o r the same reason, all equipment which could place the public network in ne_native pressure is forbidden. The same applies to all equipment which may allow the water from this equipment to nter the public network. In particular, subscribers possessing equipment liable to mod@ the quality p- -water distributed ot water heaters must protect dl supply to this equipment with appropriate

protection ( non-return valves, etc.) to prevent all possibiliry of water returning to the meter.

a general mle, internal installations or equipment must not be susceptible to, by vime of their design, consrruction or use, allow the flow of watzr towards the public network.

119s a measure of security md ro avoid all prejudice which could result from the burning of pipes, , . pmticularly &ring the absence of users, the subscribers are invired to :

b- In the cass of an absence of a iimited time, turn off the stopcock before the meter befare departing.

I

kCC- In the case of a proioqed absence, to request to the Water Senice to close the valve on the public domain, before their departure, in this case the cost of closing and then of reopening the water supply is at their expense in accordance with &tide 21. The supply ofwater is suspended J but the rihrcription fees remain.

- or reasons of safety, the use of internal installations and water connections as an earth for the wiring of the subscriber's electrical appliances is forbidden.

u A1 viohrions of this Article subjects the subscriber to the immediate cut off of his water supply without prejudice to legal proceedings which could be instigated against him.

~ A R Z T C L E 16 - SUBSCRIBER'S INSIDE INST-TIONS - VARIOUS PROHIBITIONS

The subscriber is strictly forbidden to : ' 1) Use water far aher than his persand use or that of his personnel md tenants, and in pmicular, to sell or supply to third parties except in the case of fires.

' 2 ) To carry out my tapping or make any orifice in Uic pipe vprtisam born his camenion.

41 3) To modify in any way the meter, to interfere with it's operation or t o break seals

4) To cany out any operation on his connection. Nevertheless, he may operate the stopcock adjacent to the meter for personal convenience and this a!& own risk.

f

I 10. Any violations of this .k-cicle subjects the subscriber to the immediate cut off of his water supply,

.out prejudice to Iezd proceedings which could be instigated against him.

The Water Service alone may opera& the stopcock at the water main to each subscripdon. The t pperation of this stopcock by the user is forbidden. In rhe case of any leaks inside the private r,roperry and on the comecrion, the subscriber musr shut ofithe water supply at the stopcock before md adjacent to the meter.

The partial or totai dismantling of the connection may only be camed out by the Water S t n i c e or by

I a contractor approved by the Water Service and at the expense of the applicant.

- Ail assistance necessary must be rendered to ihe Water Service to allow the reading of the meter at least once every quarter for ordinary subscriptions and in accordance with the conditions of the contract for special subscriptions.

i '" -1 the time of reading, the Water Service can not access the meter, the consumption shall be ptovisiondly estimated as thzt of the corresponding period of the previous year: The account is adjusted accordingly after the followins reading.

i In the case where it is not possible to access the meter at the time of the follo~+g rezding, the W'arer Service may require the subscriber to nange access and make an appointment 2 x h g working hours of the Water Service to read the meter and this within a maximum period or" meen

i (15) days failing which ihe Water Scrvice may proceed to cutting off the water supply ro ;he connection.

The Water Service may require the meter site to be fitted out in such a way es to allow easy access to it and to operate in suitable conditions.

In the event that a meter should stop, the consumption for the period during which the meter is not operational is cdculated on the basis of the consumption for the corresponding period of the peceeding year, or fding that, on that of the current year if there has been significant readings of ronsurnption over a sufficient period.

i In the event of a remote display of meter reaainss, the main meter shows the only measure which shall govern if there is a discrepancy between it and the remote display. Moreover, the r n h meter must be abIe to be inspected by the Water Service at least once a year.

In the event where the tubjcribei rehrca to d o w repairs to the meter and the stopcock More the 1 meter to be carried out as considered necessary, the Water Service may cut OE water supply to the connection. This intemption of supply does not suspend the payment of the subscription fee which ) shall continue to be due.

The subscriber must rake dl precautions to p r ~ t e c t his meter against bacMow through the meter, I ~hocks, various accidents and damages due to carelessness.

11.

I li replacement of, or repairs to meters, of which the seal has been removed and which may have :en opened or dismantled, or the damage which should be due to any cause other than normal

operation (fire, shocks, etc.) shall be carried out by the Water Service, at the expense to the -~bscr-iber who shall take all precautions necessary ta avoid all accidents.

The subscription fee includes the maintenance of meters but does not include repairs to damage due

f negiisence, imprudence, clumsiness or ill will of the subscriber. Repairs to damases resulting from ,I& action shall be carried out by the OPERATOR at the expense of the subscriber, on whom lies the onus to take all necessary precautions.

[IRTICLE I8 - VERPICATION OF METERS

[ ' :he subscriber shall be entitled to require that his meter be checked on site. Should the accuracy of ihe meter be contested on site, the subscriber may request the meter to be checked on a testins bench

Osence. .?nd in his pr, [ C~ .,e meter is found to be accurate within less than five percent (5%) or if the error is to the

I advantage of rhe subscriber, testing shall be at his expense.

Lin the opporiie case testing shall be at the expense of the Water Service and billing rhall be rectified

I as from the previous reeding.

&-rhe cosrs oftesting arc set on a lump sum and are equd to the cost of fifty cubic meters (50 d) of water for a volumetric test, and to one hundred cubic meters (100 m3),for a calibration of the meter. [ rhe cost r h d be at the unit rate per cubic meter for the iowesr range of consunpdon.

These costs do not include costs for travelling.

Moreover, the Water Service may verify meters as often as it deems it useful and at it's own expense.

5 AU meters shall be checked for accuracy at least every twelve years, at the expence of h e OPERATOR.

P.4YMENTS

ARTICLE 19 - PXY31EST OF THE CONSECTION

M1 water connections shall be paid tbr by the subscriber in accordance with a memorandum :r~abiiihed by the Water Service an ;he basis of rbe prices rat out in the Schedule of Conditions.

The length of the connection is rneaured h m the axis of rhe public road to the inlet to the meter. :lowever, on roads which have a main on both sides, the length shall be measured from the main.

,The cost above includes the supply 2nd installation of the stopcock and it's equipment, a well as the reinstatement of natural surfaces. The cost of the connection inctudes,the supply and insrdlation of

1 ' PTICLE 20 - P-AY3EST FOR WATER SUPPLY

Water bills and biUs for extensions to water connections shaD be rounded oE to the nearest Vatu r above, for all parts of a Vatu equal or above 50,100 d a Vatu, and to the nearest Vatu below for a l l j fracrions of Varu below 50/100 of a Vatu.

r- The mount of rhe subscriprion fee is due in it's entirety and is not refundable if rhe w . m 1 consumption over the quarter is nil.

When a water connection is commissioned in the course of a quarter, the subscription shall run only from the first day of the following quarter foilowing the siyature of the subscription zgeement.

The costs of reconnection of water are at the expense of the subscriber. The cut off of supply to a connection does not suspend the pqment of the quarterly subscription fee until the latter has been cancelled.

The subscriber shall not oppose payment of monies due on the basis of contestation ofthe quantity of water consumed. Consequently, the monies due must be paid within a period of Bfieen (15) days following notiiication. Nl claims must be communicated in writing to the Water Service within eight (8) days following payment and the Water Service undertakes to take into account all discrepancies which may have prejudiced the subscriber in previous payments.

The subscriber is not justified in requesting a reduction in his consumption on account of leaks within his installations. The subscriber being at all times able to control the consumption indicated by his meter.

1 13. JC?he total amount due is not paid within a period of fifteen (1 5 ) days and after a formal notice of -t,,.cen (1 5) days, the water supply to the connection can be cut off until monies due have been paid, I( without prejudice to any legal proceedin_es which may be instigated against him. Water supply is reinstated only after the subscriber has presented to the Water Service proof that outstanding monies

been paid. If there is a recurrence of this jituation, the Water Service may cancel the I subscription.

~Outr tanding debts s h d be recovered by the Water Service who is empowered to take all necessary zction to recover outstanding payments.

The cost of interventions deiined hereunder shall be at the expense of the subscriber. The cost of each operation is defined as follows :

*- The cost of ~hir ty cubic meters (30 d) (at the unit base rate) for cancellation of subscription, cutkins off of suppIy due to a prolonged absence (ref Article 14), transfer without.intermption of suppty (ref Article 8).

* - Twice that first amount in the event of cutting off of supply and reconnection indudins removal of the meter.

*- Four (3) rimes this f is t amount ifthe intenention of the Water Senice results from the Water Service being unable to access the meter for readings (ref .;tricle 27) as well as in the case of cutting oE of w ~ t e r for non-p~yment (ref. .L&le 20).

"- Ten (10) limes this first amount for the reconnection of suppiy cut off in xtordance with h i d e 16.

The cut off of supply to a connection does not suspend the p a p e n t of the subscription fee until the latter has been c&ce11ed. However, the subscription can be considered as cancelled &er a period of one ( I ) year following the cut off of supply.

-P he connection may be disconnected from rhe public main as a result of cancellation of the subscription at the expense of she subscriber.

Subject to m application by the subscriber to preserve the subscription, he may be able under certain conditions to subscribe to a "Stand- By Subscription" (ref. Article 10).

a n C L J 3 22 - COlMPENSATION FOR EXTENSIONS AND OTHIER COSTS IN TEE EVENT OF CANCELLATION OF STj%SCRIPTIONS

b.\men, in order to supply a subscriber, certain works are carried out (water mains, connections, etc.) the subscriber may be required to pay an indemnity as provided for in this policy, if he cancels his Subscription within a period as a g e d in this policy.

j 14.

.TICLE 23 - POLICY FOR EXTENSIONS CARRIED OUT AT THE REQUEST OF PRTVATE LYDl3'II)UALS

en the Warcr Senice carrier out ko rks for extensions at the request of privete individuals the tter undertakes to pay a participation in the cost of the works as follows :

the case wherc the participation in the cost of the works is undertaken by several individuals the ater Service shall determine the proponion of the contribution between those individuals according

to a special agreement berween the said individuals. n n the absence of an agreement between the individuals, the total participation of the individuals ia the cost of establishment is shared between them in proportion to the distance between the start of

project md their connection, and proportiand to the size of the meter.

uring the first five ( 5 ) years following the commissioning of such an extension, a new individual an only be connected to the extension subject to the pziyment of an amount equal to that which he

9uld have paid at the time of establishment ofthe extension, proportionally to the diameter of the connection and the distance along the main reduced by one fifth for each year of service of this

&xtendon, This amount shall be shared between the individuals already connected in proportion to their participation or that of their predecessor in the case of transfer of ownership.

In the event ofrhe recovery by the Water Service of monies due by recourse to justice or other mean, the costs relating ro the recovery shall be at the expense of the def~ulting debtor.

n In the cast of death of the subscriber, his heirs or beneficiaries shdl be responsible, eirher jointly or individually, for the monies due.

I

. Ilt'TERRUPTIOXS .W,D RESTRICTIO:'('S TO THE W.4TER SERFICE

I The Water Service is bound i o supply water to dl subsc+hers in accordance with rhe condirions of . ' rcicle 6 above.

The Water Service is responsibie for rhe proper functioning of the waxer supply. It is bound, within

11 ' le l ids of the capacity of the installations of the utility, to ensure continuity of supply. i

the event of an intenuprion to supply in excess of forty eight (48) consecutive hours the lbscription fee is reduced pro rata to the durarion of the intermption.

s, The Wzter Senice is, in principle , responsible for intemptions to the water supply and liable to the ubscriber for damages that may resuit. However, the indemnity to be paid by the Water Service per

I - or part thereof for intermption, shall in no case exceed the cost of water supply on ul average day at the point of deliver): under consideration, and t i i s within the limits of the prejudice sustained ly the subscriber. The average consumption per day shall be established on the basis of the last

d k g .

1 n any case rhe Water Service shall not be held liable in the following czres ofconsxucrion work, , epairs or Acts of God :

1 !) It may intempt the supply of waer to carry out maintenance, repairs and improvements to rhe network. In the care of programmed works the subscriber shall be notified at leas twenty four (24) hours before of the duration of the intemptions envisaged. In the case of intemptions in the supply of water due to emergency repairs, the water service is not bound to noti@ the subscriber but he must keep the duration of the interruptions to a minimum and as far as practicable during hours likely to cause a minimum of inconvenience to users.

2) The subscriber may not claim indemnities from the Water Service for intemptions in the supply resulting from droughts, burst mains, power failures and any other similar cause considered as vnforeseeabie ; includig vllemptians due ra the inadequacy of current techniques which, despite all precautions taken, do not preclude the hazard ofwater shortages. Likewise, the subscriber may not claim indemnities from the Watn Service for variations in pressure, presence of air in the pipe works due to the same causes.

1

The Water Service is bound to supply water with properties conforming to standards and regulations r in force and , as far as possible , with rhe standards of the World Health Organisation.

The Water Service is bound to inform the subscribers of all changes to the properties md r characteristics of water of which he is aware and which could have repercussions either directly or mdirenly on the various uses (washing, watering, etc.).

In the case of fire fighting or of £ire fighting exercises, the subscribers must, except in the case of

Ir - ~ c t s of God, abstain Born using the'water supply. ! In the case of fire, and until it has been extinguished, various mains of the network may be closed without right of compensation whatsoever to the subscriber. The operation of valves and Lire hydrants may o d y be carried out by the Water Service and the Fire Fighting Sem'ce.

With respect to special subscriptions to individuals for fire fighting as provided for in h i c l e I:! above , the subscriber renounces all daims against the Water Senict for whatever cause it may be, in the case of the inadequate performance of the installations and in particular it's fire hydrants. It is the responsibility of the subscriber to verify it's state of operation as often as is necessary,. including the flow and pressure such as they are defied in the Agreement.

The maximum flow available to the subscriber are those installed within his property and flowing from a free outlet. He may not in any case, in an attempt to increase the flow, pump %om the

:work.

When a test of the subscriber's fire fi&ting equipment is planned, the Water Service must be notsed three (3) days prior so as to be able to witness it and, if need be, invite the Fire Fighting Service.

The operzrion of valves a d h e hydrmts may only be carried out by the Water Service and ;he Fire Fighting Service.

If CONDITIONS OF ENFORCEMENT

ARTICLE 28 - DATE OF ENFORCEiMENT I- !

I ;his policy shdl be applicable from the date of it's acceptance by the Community, any previous ( oolicy being repealed fbrn the time of application of this new policy.

ARTICLE 29 - MODLPIC.4TIONS TO TEE POLICY

The Community may carry out medications to this policy after consultation with the Water Service.

(These modifications can only come into effect fram the first day of the quarter following the decision 1 ;o modii the policy and subject to the subscriber being notsed of the modification at least i k Q (30) days before it's date of application.

1. i n e subscribers may exercise their rights of cancellation in accordance with Article 8 above. ~acellations under these conditions shall take place without indemnity to either party. However, the 1 cost of interventions, as provided for in -4rticle 21, shall remain applicable.

E , The Minister for Transport, Public Works, Pons and Marines, Civil .4viation, and Urban Water

C Supply and the ,Minister for Health and Rural Water, and the agents of the Water Service duly empowered to this effect, each are bound to their respective responsibility h r the control of the

( application of these replatiom.

I ' Seen and approved as to form

Seen and approved as to form The Minister for Transport, Public Works, Ports and Marines, Civil Aviation and Urban Water Supply

SPECIMEN

SUBSCRIPTION AGREEMENT

UNELCO VANUATU LIMITED A Corporation with a paid up capital of 335,290, 000 VATU

Registered office : IMPACT KtJMUL HIGHWAY, PORT VILA PORT VILA WATER SUPPLY

UBSCRIPTION AGREEMENT No the undersigned : ( Surname, Christian name) ostal Address orne Telephone No Work Telephone No

er having read and accepted the terms of the Schedule of Conditions and the Subscription Policy f the Water Service who manaees the water supply in Port Vila, a copy of which has been lodged

the Ministry of Transport, Public Works, Ports and Marines, Civil Aviation and Urban Water 6,,pply and the supplementary clauses which may have been added with the approval of the -Government, HEREBY CONTRACT A SUBSCRIPTION FOR A PERIOD OF ONE YEAR for the

ill supply of drinking water, the place and use of the supply being as described below :

-Subdivision Lot No Street Street No Suburb.. Building or House

Name of the Proprietor iarneter of the Connection

Diameter of the meter Average Daily Flow rn3ld Peak Hourly Flow m3 th

ENCIDENTAL COSTS (Payable on signing the policy) Advance on consumption

111 The meter is the property of UNELCO Meter Installation Establishment Fee

Registered the Cancelled the

I ARTICLE 1 : xt';l!cr is supplied to ths subscriber In x;ordulc: wirh the S c h d ~ l c of Conditionr of ~ k r : Slmagmmt a d O p m o n CdnvJa ior water supply in ?on Vila and wich rht Subsciiptiop

, policy. of the Wate~ Smice.

I .aTICLE 3 : The subsc;ik shdI make rvailrblc B z space ncce%ay for the meter (5). n e dimem of the c o ~ e a i o n and of

I h e meter shall bc &tc;mintd by h e water sugplicr md &e ~bs&ber, The m a i n t m e e ofthe surrounding ofthe me= &I1 k 2yried out by the s u b ~ 5 u e r in accordulc= uih the ccnditioa of

S u h p u o n Policy.

1TICLE 4 : Tne subsc7ibcr shall pay a szcu~ly d+t in accorbnca with the Subscription Policl;. 1 This sum shall not be nrbjen I. Ihc paynent of htmst md shall be r~rurncd to the subsfribcr at the a d oflhe contnc. d~ d+dudon

, ofmods dur by the subscriber to ihz Water S ~ M ~ Q e subscriber is nsponsiblr for drr mkcnsncc ofhis hmlttrtioh for which rhe apemion m a i n s unda his entire :spwibiiiry. kr authorired reprmencativz o f the supplier may inspm W a h s on private prop* in ordzr :o p m d e measures stop louts and uasfage. In the w e whcc these mrsures are not adhetd to wilhin a period offaem (15) d q x . the subskixr shall have w a k supply t o his connection turned odmd shalf be tijblz for h a cost oithis operaion.

ARTICLE 5 : The War*. S e n k shdi not be liable for damage resulting Born intemption h m suppiy resulting h m .- of God or uufororosccsbls w u a (in paniculv burning of p i p e ) or due IO maintenance a ~ ~ d repair oipipcwork. Water loses resulting hrnh ncgIigmlrc of h e sub&= may lead !o the ttmparq or permanat inkauntion to Us water nrpply.T;~c subscribers s h d incur the corn withour recourse to indnrtnitl; for &ages c3usd by ~ ! e h l I d o n the warm conncnian c o n m r d in accordance with mcptcd pnricc. Furthermore he shall not claim yl i n d d ~ y for damages on theu propcrty due to leaks on their commxion.

ARTICLE 6 : In the tvmt oPa m h n m i o n of 3 mew, the subncribcr shall inform rhe supplier immediately md consumption shall hen be dculstcd on the basis d t h t r of rhe comq-ondiag

ARTICLE 7 : The sum due for water supply and orha chargs 10

the s u M b c r are papblr by the due dste for tha wer on p r d o n or dispatch of an invoicc to the subscriber. Failling paymem within fiftccn (15) days of the said w o n Ihs s w l y may be cut o E ~ ~ (IS) days a h o5Eid n a ~ c Y i o n by re&& I c m snd Be subhcription camelled by thc expw of tho cwmf term The sxpms~s resulting h m thir action shall be &a& to the subscribs without prejudice to action + the subri'ber for b m h of c o n a n

ARTICLE 8 : C l w ofthk .Qrecment Jlall be a p p l i d l e for it's duration to the mbwrik or his beneficiaries. The policy &dl bc r m ~ d b y tacit renewal for s dualion of one (1) zi: is not w e l l e d by one of the parties, by re- rnd, (20) &:s at l e s t bcfore rhe expiry datz of t h e cumnt r a n

r Executed and si~ned in duplicate

For ZMELCO VANUATU LIMITED PORT V a A WATER SUPPLY