Agreement to supply water 

4.1 The Enccumbrancer shall not use or cause or permit to be used any reticulated water other than that supplied by the Minister of Works under the Water Works Act (1932) or the Water Company under the terms and conditions herein contained.

4.2 The Encumbrancer shall not use or cause or permit to be used from human consumption ay reticulated water supplied by the Water Company as aforesaid.

4.3 The Water Company hereby agrees upon receipt from the Encumbrancer a written request for the supply of water in respect of the Land in accordance with these Terms and Conditions and upon water being supplied the Encumbrancer shall be deemed to have accepted such water upon these Terms and Conditions.

4.4 The Water Company shall use its best endeavours to provide a continuous supply of water PROVIDED HOWEVER that the Water Company shall not be liable to the Encumbrancer if the Water Company is unable for any reason whatsoever to supply water as required or at all or if there is deterioration in the quality of the water supplied however causal.

4.5 The Encumbrancer warrants and undertakes that the water supplied by the Water Company pursuant to this agreement will not be used for human consumption and shall be used only for household and domestic garden purposes.

4.6 The Water Company shall supply the Encumbrancer with a meter to be used on the Land for the purpose of measuring the quantity of water consumed by the Encumbrancer which meter shall at all times remain the property of the Water Company.

4.7 The water supplied to the Encumbrancer for use on the Land shall not be taken by extension of pipes or otherwise to any other land or property and the Encumbrancer shall not sell give transfer or otherwise make over any water supplied to any other person for use on any other land or property whatsoever.

4.8 The Encumbrancer shall only convey water from one part of the Land to another by means of pipes and other water appliances properly connected to the service supplied by the Water Company which pipes and other water appliances shall be capable of withstanding the pressure of water supplied without leakage or waste.

4.9 In the event that the Land is at any time divided into two or more allotments the Water Company shall be at liberty to immediately cut off the supply of water to the allotment or allotments so created on which there is no meter located. The owner of each allotment so created which may be without a supply of water may make a written request to the Water Company for a new service to such allotment on these Terms and Conditions.

Water company’s right of entry on the land 

5.1 It shall be lawful for the Water Company its Authorised Officer servant or agent at any time or times without notice to the Encumbrancer to enter upon the Land or into any building or structure upon the Land for the purpose of reading the meter and to examine and ascertain the state of the meter and of any fittings installation and water appliances situated on the land or in any building or structure upon the Land and to determine they are used or being used only for the purposes for which they may be lawfully used under this Agreement.

5.2 The meter shall be read at such times as the Water Company shall determine and in any case where it is not practicable for the meter reader to read the meter or in the event that the meter shall have been removed for the purpose of renewal repair or for any other reason the quantity of water supplied to the Encumbrancer during the period between the last reading and such attempted reading shall be deemed to be the same as that which was supplied during the corresponding period immediately prior to the last reading.

5.3 It shall be lawful for the Water Company and its Authorised Officer servant or agent at any time or times without notice to the Encumbrancer to enter upon the Land or into any building or structure upon the Land for the purpose of affecting such repairs removals or alterations as the Water Company in its absolute discretion considers necessary and shall be entitled to recover the cost thereof from the Encumbrancer as a debt or liquidated damages in any Court of competent jurisdiction in the State and if the Encumbrancer fails or neglects to pay to the Water Company such costs the Water Company without notice cut off the supply of water to the Land and refuse to restore the same until such costs together with the expenses of cutting off and restoring such water have been paid.

Obligations of encumbrancer 

6.1 The Encumbrancer shall not cause allow or permit the meter and the pipes leading from the Water Company’s main to the Land and all pipes fittings and other water appliances situated on the Land or in any building and structure upon the Land to be obstructed in any way and in the event of the Encumbrancer failing or neglecting to keep them free from all obstructions the Water Company may at all reasonable times enter upon the Land for the purpose of removing any such obstructions or altering the position of the meter.

6.2 The Encumbrancer shall not damage alter or remove or interfere with the meter or the meter seals or permit or suffer the same to be damaged altered or removed or interfered with and in the event of there being any damage of injury to the meter or any defect therein the Encumbrancer shall give immediate notice thereof to the Water Company.

6.3 The Encumbrancer shall not take water from the mains of the Water Company except through the Water Company’s meter situated on the Land. If the Encumbrancer shall connect any pipe or fitting or water appliance to the Water Company’s mains or obtain water from the Water Company’s mains otherwise than through the meter the Encumbrancer shall forfeit and pay to the Water Company the sum calculated in accordance with the formula set out in Item 1 of the Schedule as payment towards the damages suffered by the Water Company as a result of the Encumbrancer’s breach of this Agreement. Any pipes connecting to the Land to the Water Company’s mains other than through the meter shall be prima facie evidence of breach of this clause.

Assessment of quantity of water supplied

7.1 The quantity of water which shall be registered by the meter as having been supplied shall be deemed to be the quantity supplied and the Encumbrancer shall except as hereinafter provided be estopped from disputing the correctness of such register or from alleging that the meter was not in good working order and condition PROVIDED ALWAYS that if the Encumbrancer shall any time be dissatisfied with the quantity registered by the meter and decide to have the same tested the Encumbrancer may give written notice of such desire to the Water Company who shall thereupon test the meter to fill such vessel and if upon such test the meter registers above 5% more than was actually passed through it as such testing then the Water Company will bear the expense of such testing and will also allow the Encumbrancer a proportionate rebate upon the quantity of water over-registered since the last reading of the meter prior to the said test in respect of which the said notice was given but if the meter upon such testing shall not register more than 5% above the quantity which shall have actually passed through it then the Encumbrancer shall pay to the Water Company the cost of such testing.

7.2 During any period in which the Encumbrancer is in receipt of the supply of water from the Water Company the Encumbrancer will not obtain of procure a supply of water otherwise than from the mains of the Water Company pursuant to these Terms and Conditions and in particular the Encumbrancer will not sink or excavate any bore or well for the purpose of obtaining water provided that nothing herein contained shall prohibit a Encumbrancer from catching and storing in tanks rainwater from the roof of any building or structure upon the Land.

Costing of water supplied

8.1 The Water Company shall charge the Encumbrancer for the following;
(a) the Connection Fee;
(b) the Basic Rate for the supply of water; and
(c) the Excess Water Charges

8.2 The Water Company shall;
(a) cause the meter to be read at such interval as the Water Company may deem necessary
but in any event at least during the month of June in any year;
(b) on or before the 1st day of July in any year (or such lesser period as the Water Company
may determine) serve on the Encumbrancer an account specifying the Excess Water Charged for the period up to the date of such reading of the meter and since the meter was last read together with the Basic Rate for the year between such 1st day of July on or before which such account is given and the 30th day of June in the following year or such lesser period as the Water Company may determine. Such account upon the
service of the same shall be payable to the Water Company on or before the last day of the month immediately following the month in which the account was served. Any account which is not paid in full by the due date will thereupon be subject to payment by the Encumbrancer of interest on the full amount thereto at the rate specified in Item 2 of the Schedule calculated from the date of default to the date of payment.

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