Dated: 1 October 2015

• The Association undertakes to:

  • Provide to the Member, at the boundary of his property, the agreed Daily Supply Entitlement (DSE) of irrigation water (Except for maintenance requirements and unforeseen interruptions to supply).
  • Ensure any interruption of supply for maintenance or repair is kept to a minimum.
  • Ensure the water supplied is suitable for irrigation purposes and is treated with chlorine at 1 ppm.
  • Maintain and monitor the water meter and provide the Member with a detailed tax invoice for the water used each quarter.
  • Consider immediately, and endeavour to resolve without delay any complaint received from a Member.
  • Ensure the Association’s operating assets, including water rights, are maintained in a manner that enables future continuity of service to Members and cater for increases in demand.
  • Provide the Member within 30 days prior notice of any changes to these Terms of Supply.
  • Provide a copy of the Rules of the Association upon request.
  • Maintain at all times the charitable status of the Association.

• The Member undertakes to:

  • Be responsible for the water supply beyond the meter.
  • Under no circumstances, interfere or tamper with the Network, or modify or bypass the meter. To do so will result in penalty charges being rendered, the risk of prosecution and the Association ceasing supply.
  • Immediately advise the Association of any leakages, interruption of supply or damage to the Association’s Network.
  • Permit the Association (or its agents) unhindered access to the Member’s property to undertake any inspections, repairs to or maintenance of, or other works to, the Network.
  • Indemnify the Association in all respects should the irrigation water be used for human consumption. The Association does not provide potable water.
  • Pay all amounts, including any penalties, owed to the Association by due date. Failure to do so may result in the imposition of penalties and the Association ceasing supply.
  • Promptly bring in writing, to the Association’s attention, any matter of dispute and endeavour to resolve the complaint without delay. Any monies due to the Association that are not subject to the dispute, must be paid by due date.
  • Provide the Association, upon request, with the necessary easements to protect the legal interests of the Association and enable the Network to be extended. All costs in respect of such easements shall be borne by the Association.
  • Abide by the Rules of the Association.

• Membership

  Every Property Owner with an existing permanent turnout and meter to the Network is a Deemed Member of the Association.

  Every Deemed Member is entitled to become a full Member of the Association upon paying any arrears, the current annual subscription, the reconnection fee and agreeing to the current Terms of Supply.

  An annual subscription will be set at the AGM of the Association and is payable by every Full Member.

  A Member may resign from the Association at any time. Acceptance of the resignation means the Member is not entitled to receive any water supply from the Network. The DSE remains attached to the property.

  Capital Charges and Entitlements:

  • Every property with a permanent turnout and a meter is deemed (unless specifically advised to the contrary) to have paid a Capital Charge in respect of its DSE.
  • If the Member exceeds the average DSE in any quarter, a new DSE will be negotiated and an additional Capital Charge paid, OR
  • The Member may elect to pay the Excess Use premium if the excess is of a minor or irregular nature.
  • Capital Charges are not refundable.

  Leasing and Tenants

  Upon receiving written advice from a Member, the Association will address supply invoices to a third party.

  However, should any amount be unpaid by due date, the Member shall be liable in all respects for payment including any penalties and interest.

  Disclaimers

  The Association will not be liable to any Member or third party for any disruption to the supply for whatever reason.

  The Members rights acquired with the payment of the Capital Charge and attached to the DSE, remain so long as the Association is able to retain and renew its current water rights issued by the Waikato Regional Council. If these rights are amended or cancelled for any reason, the Association shall not be liable in any manner whatsoever to the Member.

  Consistency

  These Terms of Supply should be read in conjunction with the Rules of the Association.

  For definitions of terms used, please refer to the Rules.

  Should there be any inconsistency between the Rules and the Terms of Supply, the Rules shall prevail.

  Useful Information

  All rights in respect to the supply of water by the Association, including the Capital Charge and DSE are attached to the property and at all times remain with the property.

  If you are planning to sub-divide your property, you should discuss the implications and opportunities with the Association before finalising your plans.

  Should you require a second turnout and meter this can be arranged by negotiation.

  Leasing Supply

  The Association will consider negotiating with any user to lease supply where offset provisions apply.

  Any such arrangements will be subject to terms and conditions imposed by the Waikato Regional Council.

  Charges and Payment Terms

  Details of all charges are set out in the attached Schedule. These shall be reviewed from time to time as part of the prudent management of the Association’s assets.

  All accounts rendered by the Association are due for payment by the due date, being the 20th of the month following the date of the invoice.

  Should a Member be unable to make payment in full by due date, prior to due date the member is urged to contact the Association to negotiate alternative payment terms.

  The Association accepts direct deposits to its bank account.

  Any amount unpaid one month after being rendered will be subject to a late payment penalty.

  Agreement to these Terms of Supply

  Every Member continuing to take a supply of water from the Association after the date these Terms of Supply become effective, is deemed to have agreed to these Terms of Supply.