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Standard contract for the provision of water supply and (or) sanitation services

Appendix 6

to the Order of the Minister of

National Economy of the

Republic of Kazakhstan

dated June 24, 2019 No. 58

 

Standard contract for the provision of water supply and (or) sanitation services

 

  1. s. Talgar_________________ "___" ________ 20 __ g.

(place of conclusion of the contract)

 

Public utility company on right of economic management "Talar su" in Talgar district of the state institution "Department of housing, utilities and housing inspection of Talgar district," the statement on state registration of legal entity dated 23 April 2018 issued by the justice Department of Talgar district providing water and (or) disposal (hereinafter –

Services), hereinafter referred to as Supplier, represented by Director dyusenov, A. M., acting under the Charter on the one hand, and ________________________ (details of the user, for physical persons – the document proving a person an individual identification number, for legal persons the business identification number/individual identification number) hereinafter referred to as the Consumer, in the face __________________________ (position, full name) acting on the basis ______________________, on the other hand,Together, the Parties have entered into this agreement (hereinafter referred to as the Agreement) as follows.

 

Chapter 1. Basic concepts used in the Contract

  1. In the Contract the following basic concepts:

metering device – a technical means to measure the volume of water (potable, industrial, waste and other waters) having the normalized metrological characteristics, reproducing and storing unit of a physical quantity over a certain time interval permitted for use for commercial accounting of water in the order established by the legislation of the Republic of Kazakhstan;

inspection of metering devices – a set of operations performed by a representative of the Supplier to inspect the condition of metering devices, determine and confirm its compliance with technical requirements, take readings, as well as determine the presence and integrity of seals on the water meter unit;

billing period – the period defined in the Contract as a period of time equal to one calendar month from 00: 00 hours of the first day to 24:00 hours of the last day of the month for which the Consumer pays for the service;

the boundary of the division of operational responsibility – the place of division of elements of water supply and (or) water disposal systems on the basis of duties (responsibility for their operation), established by agreement of the parties. In the absence of such agreement, the boundary of operational responsibility shall be the boundary balance sheet accessories;

water consumption rate – the amount of water to meet the daily needs of one person, animals of a personal subsidiary farm or per unit of irrigation area in a particular locality, approved by the local executive body in accordance with subparagraph 34) of paragraph 1 of Article 27 of the Law of the Republic of Kazakhstan of January 23, 2001 "On Local State Administration and Self-government in the Republic of Kazakhstan";

non-admission to the water metering unit – refusal (obstruction) The Consumer in granting access to the water metering unit for taking readings and checking the operability, monitoring the technical condition and safety of all elements of water supply and sanitation systems located on the territory or under economic management, for sampling wastewater from the Supplier's representative;

the boundary of the division of balance ownership – the place of division of elements of water supply and sanitation systems between owners on the basis of ownership, economic management or operational management, which is indicated in the diagrams;

payment document – a document (invoice, notification, receipt, warning invoice) drawn up for payment for the services provided (goods, works) of the Supplier, on the basis of which payment is made;

consumer – a natural or legal person who uses or intends to use regulated water supply and / or sanitation services;

department of the authorized body – the department of the state body that manages the relevant areas of natural monopolies.

Other concepts and terms used in this Agreement are applied in accordance with the Water Code of the Republic of Kazakhstan dated July 9, 2003 and the legislation of the Republic of Kazakhstan on natural monopolies.

 

Chapter 2. Subject of the agreement

2.In accordance with the terms of the contract, the Supplier undertakes to provide Services to the Consumer, and the Consumer undertakes to pay for the services provided in the terms, procedure and amount specified in this Contract.

  1. The characteristics of the services provided and the quality of the water supplied must comply with the requirements of the legislation of the Republic of Kazakhstan, sanitary rules, state standards.
  2. The Contract is concluded with the Consumer on an individual basis if he owns or otherwise legally owns water supply and (or) sanitation systems connected to the water supply and sanitation systems of the locality, made in accordance with the technical conditions of the Supplier.
  3. Permitted volume of drinking water taken by the Consumer ___________ m3 / year, process water ___________ m3 / year, diverted from the Consumer household and close to them in the composition of industrial wastewater pollution __________ m3 / year according to the volumes specified in the technical specifications for connection to the Supplier's water supply and / or sanitation systems.

An individual who uses drinking water for domestic consumption has the right to use it and discharge the resulting waste water in the amount necessary for him.

  1. The mode of providing services is round-the-clock.
  2. The boundary of operational responsibility at the facilities of the condominium are:

water – dividing the first flange gate valve on the input water pipe in the building;

on water disposal – a well in the place of connection to the water disposal networks of the settlement.

                                

Chapter 3. Terms of Service

  1. Suspension of the provision of services is made in the following cases::

1) an emergency situation or a threat to the life and safety of citizens;

2) unauthorized connection to the Supplier's network;

3) no payment for services during the two months following the billing period;

4) repeated exclusion of representatives of the Supplier to water metering devices for taking readings and checking the operability, monitoring the technical condition and safety of all elements of water supply and sanitation systems located on the territory or under economic management, for sampling wastewater;

5) the need for disinfection of pipelines, due to the requirements of the legislation of the Republic of Kazakhstan;

6) in other cases provided for by regulatory legal acts and the agreement of the Parties.

Suspension of the provision of services in the cases provided for in sub-paragraphs 1) and 2) of this paragraph shall be made immediately. In the cases specified in sub-paragraphs 3), 4), 5) of this paragraph, the Consumer is warned at least one month before the suspension of the provision of services.

  1. In the cases specified in sub-paragraphs 1) and 2) of paragraph 8 of the Contract, the connection of the Consumer is made when eliminating and eliminating the violations that have occurred.

In case of suspension of the provision of services to the Consumer for violations provided for in subparagraph 3) paragraph 8 of the Contract, the connection is made after the debt is repaid. In case of repeated disconnection, the connection is made after the debt is repaid and the connection fee is paid.

  1. In the case of a Provider outage, maintenance of water supply systems and (or) drainage works connection of new Consumers to networks of water supply and (or) drainage, which are attached to the Consumer, the provider alerts the Consumer about the temporary suspension of services at least three working days.
  2. Receiving industrial wastewater User into the Sewerage system of the Supplier shall be in accordance with the Rules of wastewater into the Sewerage system of settlements, approved by order of Minister of national economy of the Republic of Kazakhstan from July 20, 2015 No. 546 (registered in the Register of state registration of normative legal acts of the Republic of Kazakhstan No. 11932).
  3. When exceeding permissible concentrations of harmful substances in the wastewater of a customer on results of analysis performed by certified laboratory of a Supplier, the Consumer terminates the discharge of industrial wastewater into the Sewerage system and taking urgent action to reduce pollution to achieve acceptable concentrations of harmful substances. After eliminating the cause that caused the increase in the content of contamination, at the request of the Consumer, the Supplier re-takes samples.

 

Chapter 4. Payment procedure for services

  1. Payment for the services provided under this agreement is made at the rates approved by the department of the authorized body.

Changes in tariffs are made in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

  1. Payment is made by the Consumer on a monthly basis for the amount of services actually provided on the basis of the payment document until the 25th day of the month following the billing period, unless otherwise provided by the agreement of the parties. The billing period is one calendar month.

 

Chapter 5. Accounting for vacation and consumption of services

  1. The volume of water supply and sanitation services provided is determined by the indications of commercial metering devices.

The procedure for determining the volume of services provided water and wastewater not covered by this Agreement shall be determined in accordance with the Rules of calculation of the amount of services provided for water supply and sanitation, approved by order of Chairman of Agency of Republic Kazakhstan on Affairs of construction and housing and communal services of September 26, 2011 n 354 (it is registered in the Register of state registration of normative legal acts of the Republic of Kazakhstan No. 7257).

  1. The amount of water passed from the User into the Sewerage system of the Supplier, shall be equal to:

1) in a closed system hot water when the cold water available from a centralized water supply system and the building is divided into two pipelines: one – in-house distribution network cold water supply, second – through the local water heater in-house distribution network hot water is released, cold water. At the same time, all-house metering devices are installed at the boundaries of the operational responsibility section at the cold water supply input;

2) when the hot water supply system is open, when the hot water comes from the centralized hot water supply system-the amount of cold water and hot water released. All-house metering devices are installed at the boundaries of the operational responsibility section at the hot and cold water supply inputs.

  1. Water used by the Consumer irrevocably, included in the composition of manufactured products, for irrigation, not discharged into the wastewater disposal system, is not taken into account when calculating payment for wastewater disposal services.

The volume of water not taken into account is determined according to technological calculations.

  1. Technical and metrological characteristics of the metering device at the Consumer should correspond to real volumes of water consumption.

The supplier delivers the tolerance of the metering devices for operation in accordance with the Rules of selection, installation and operation of metering devices of water in systems of water supply and sanitation, approved by order of the Minister of national economy of the Republic of Kazakhstan from August 28, 2015 No. 621 (registered in the Register of state registration of normative legal acts of the Republic of Kazakhstan No. 12111).

  1. The installation and operation of metering devices with compromised integrity, not having the imprint of initial calibration, the expired calibration are not allowed.
  2. Upon expiration of the established verification period, the metering device is automatically removed from the commercial register, as it does not meet the technical requirements. The service provider notifies the Consumer 30 days before the end of the verification period about the need for the next state verification of the metering device or its replacement.
  3. In the temporary absence of metering devices in connection with their regular verification, repair or replacement upon notification of Vendor, and when a fault is detected, the metering device is not the fault of the consumer the volume of provided water services is determined by the average consumption for the previous three months according to the meter readings for the period of absence of the instrument but not exceeding one month. After the specified period, in the absence of metering devices, the volume of water supply services provided is determined for individuals according to water consumption standards, for legal entities it is accepted in accordance with paragraph 5 of this Agreement.
  4. Ensuring the safety of metering devices installed in an apartment or individual house is the responsibility of the Consumer. When installing metering devices by the Supplier in specially designated premises, the Supplier is responsible for their safety in accordance with the act of differentiation of balance sheet ownership and operational responsibility.
  5. In case of theft or breakdown of metering devices by unidentified persons, the person responsible for their safety is obliged to restore the metering devices within one month from the moment of establishing the fact of theft or breakdown of metering devices, unless otherwise provided by the agreement of the Parties. Until the restoration of metering devices, the Consumer is connected by the Supplier to the water supply networks.
  6. Upon detection of violations of the accounting scheme water Consumers, failure of seals on control units and metering devices, setting devices, distort the meter readings, the Consumer is reimbursed for the water usage since the last inspection to the date of discovery, but not more than two months, from the calculation of the total pipeline capacity to the management node under the action it within 24 hours.
  7. If violations are found, the calculation of the amount of provided water services shall be in accordance with the Methodology of calculation of volumes of rendered services in water supply and sanitation, approved by order of Chairman of Agency of Republic Kazakhstan on Affairs of construction and housing and communal services of September 26, 2011 n 354 (it is registered in the Register of state registration of normative legal acts of the Republic of Kazakhstan No. 7257).

 

Chapter 6. Rights and obligations of the Parties

  1. The consumer has the right to:

1) to receive services of the established quality, safe for his health, not causing harm to his property in quantity in accordance with the terms of the Contract;

2) discharge waste water in the required volume within the permissible loads;

3) require the Supplier to install metering devices for services;

4) appeal to the office of the authorized body and (or) in court against the actions or omissions of the Supplier that are contrary to the law;

5) participate in public hearings;

6) demand in accordance with the established procedure from the Supplier compensation in full for damage caused to life, health and (or) property as a result of improper provision of services, as well as compensation for non-pecuniary damage;

7) demand recalculation of the cost of services in case of providing a service that does not meet the requirements established by the legislation of the Republic of Kazakhstan;

8) not to make payment for the received service if the Supplier does not issue an invoice in accordance with the established procedure;

9) conclude a contract with the Supplier for the provision of services;

10) terminate the Contract unilaterally upon written notification of the Supplier no later than one month in advance, subject to full payment for the service provided.

  1. The consumer is obliged to:

1) ensure the operation and safety of water supply and sanitation networks and equipment owned by it on the right of ownership or on another legal basis and (or) located within the limits of its operational responsibility, in accordance with the requirements of regulatory and technical documents;

2) have metering devices and pay for the services provided in time and in full in accordance with their indications on the basis of the payment documents issued by the Supplier;

3) immediately inform the Supplier about the defects in the networks and structures of water supply systems and (or) drainage, metering, belonging on the property right or on other lawful basis and (or) located within the boundaries of his operational responsibility arising out of the use of the services, which can have a negative effect on the operation of the centralized water supply system and (or) drainage and cause damage to the environment, and in the case of damage to the networks or facilities of water supply systems and (or) drainage, or accidental discharge of polluting, toxic substances – and to local authorities for the prevention and elimination of emergency situations, sanitary and epidemiological service and environmental protection;

4) ensure the safety, proper technical condition of metering devices, seals and verification marks on metering devices, seals on metering units, bypass line valves, fire hydrants located within the limits of its operational responsibility, keep the specified premises clean, and also prevent the storage of objects that prevent access to metering units and devices, mechanical, chemical, electromagnetic or other influences that may distort the readings of metering devices;

5) immediately notify the Supplier and local authorities of the state fire service about the impossibility of using fire hydrants in cases of their malfunction or an accident on its water supply networks;

6) immediately inform the Supplier of all damages or malfunctions of metering devices, violation of the integrity of seals;

7) ensure unhindered access of the Supplier's representatives to metering devices for taking readings and checking the operability, monitoring the technical condition and safety of all elements of water supply and sanitation systems located on the territory or under economic management, for sampling wastewater, as well as for disconnecting the consumer's networks in the presence of debt;

8) provide local wastewater treatment in cases stipulated by the Rules for receiving wastewater into the wastewater disposal systems of settlements, approved by Order of the Minister of National Economy of the Republic of Kazakhstan No. 546 dated July 20, 2015 (registered in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan No. 11932);

9) comply with safety requirements when consuming the service;

10) do not allow the discharge of waste water with pollution exceeding the permissible concentrations of harmful substances established in order to prevent a negative impact on the operation of the centralized water disposal system;

11) do not connect other Consumers to their own water supply and (or) sanitation networks without the permission of the water supply and (or) sanitation organization;

12) comply with other requirements established by the legislation of the Republic of Kazakhstan.

  1. The Supplier has the right to:

1) receive timely and full payment for the services provided;

2) reduce tariffs for services provided for all Consumers during the tariff period in accordance with the procedure approved by the authorized body;

3) perform maintenance and operation of networks and structures of water supply and (or) water disposal of the Consumer within the limits of operational responsibility under a separate contract (agreement);

4) control the consumption and payment of services;

5) perform a health check and verification of service metering devices in the presence of an appropriate license.

  1. The Supplier is obliged to:

1) ensure the proper operation of water supply and sanitation systems of the locality that belong to it on the right of ownership or on another legal basis and (or) are within the boundaries of its operational responsibility, in accordance with the requirements of regulatory and technical documents;

2) ensure the preparation of drinking water and its supply to the Consumer in accordance with sanitary rules (hygienic standards);

3) ensure timely and uninterrupted provision of services to the Consumer in accordance with the concluded Contract without limiting the Consumer in receiving the service for reasons of non-fulfillment of obligations by other Consumers;

4) purchase and install metering devices for services to Consumers, subject to the conclusion of a contract for their purchase and installation and payment of a fee agreed by the department of the authorized body, except in cases of acceptance and commissioning of construction objects;

5) do not allow the transfer of any functions related to the provision of services to other persons;

6) keep records and control the quality and quantity of services provided, take timely measures to prevent and eliminate violations of the provision of services;

7) conclude a contract with the Consumer for the provision of services;

8) provide water supply and (or) sanitation services at the rates approved by the department of the authorized body;

9) provide the Consumer with a payment document for the payment of services provided by the tenth day of the month following the billing period;

10) notify Consumers of changes in tariffs or their maximum levels within the time limits established by the legislation of the Republic of Kazakhstan on natural monopolies;

11) take measures to restore the quality and volume of services provided on reasonable claims of the Consumer within 24 hours;

12) when inspecting water supply and sanitation networks, metering devices, as well as when taking readings of Consumer metering devices, present a service certificate;

13) during the period of preventive and repair work, provide the Consumer with drinking water by means of vehicles;

14) issue a permit to connect the Consumer's facilities to water supply and (or) sanitation systems, provided that the Consumer's networks and structures are in good condition and (or) the Supplier's technical specifications are met;

15) ensure the confidentiality of the Consumer's personal data from unauthorized access by third parties;

16) respond to complaints and appeals of the subscriber on issues related to the performance of this Agreement, within the period established by the legislation of the Republic of Kazakhstan;

17) with the participation of the Consumer, carry out access to the operation of metering devices, metering units, devices and structures intended for connection (connection) to centralized water supply and sanitation systems;

18) to make sealing of metering devices of the Consumer;

19) warn the Consumer about the temporary termination or restriction of water supply and (or) sanitation in the manner and in the cases provided for by the legislation of the Republic of Kazakhstan;

20) take the necessary measures for the timely elimination of accidents and damage to centralized water supply and sanitation systems owned by him on the right of ownership or on another legal basis, in accordance with the procedure and terms established by regulatory documents;

21) notify Consumers about the schedules and timing of scheduled preventive maintenance of water supply and sanitation networks through which the provision of services is carried out;

22) carry out sampling and research of industrial wastewater of Consumers in order to prevent negative impact on the operation of the centralized wastewater disposal system.

 

Chapter 7. Restrictions of the Parties

  1. The consumer is prohibited:

1) re-equip metering units, as well as install and (or) remove metering devices without the consent of the Supplier;

2) violate existing water metering schemes agreed and accepted by the Supplier.

  1. The Supplier is prohibited from:

1) refuse to provide the service or restrict the Consumer to receive the service for reasons of non-compliance with the requirements of other Consumers;

2) charge for the service provided a fee exceeding the amount established by the office of the authorized body;

3) require the Consumer to pay monthly for services without providing payment documents for them.

  1. The Parties are prohibited from performing actions that restrict the rights of the Parties or otherwise violate the legislation of the Republic of Kazakhstan.

 

 

Chapter 8. Liability of the Parties

  1. Responsibility for the proper maintenance of equipment and engineering networks is assigned to its owner and is determined by the boundaries of the section of the balance sheet.
  2. In case of non-performance or improper performance of the obligations stipulated in the Contract, the guilty party shall compensate the other party for the losses incurred in accordance with the legislation of the Republic of Kazakhstan.
  3. In case of late payment for the services provided, the Consumer, in accordance with the Contract, except for the cases provided for in paragraph 40, pays a penalty at the refinancing rate established by the National Bank of the Republic of Kazakhstan, effective on the day of payment of these amounts, for each day of delay, but not more than the amount of the principal debt.

The amount of the penalty is determined when concluding a contract with the Consumer. The beginning of the penalty accrual period is the 26th day of the month following the settlement period, unless otherwise agreed by the Parties.

  1. If the Supplier is unable to provide the service to the Consumer due to the fault of other persons who are in a contractual relationship with the Supplier, the Supplier is liable to the Consumer.
  2. Payment of a penalty (penalty fee) does not release the Parties from fulfilling their obligations under the Contract.
  3. By agreement of the Parties, in case of illness or accidents that have entailed heavy material costs or temporary disability and are documented, it is possible to postpone the accrual of penalties to the Consumer, with his written request.

 

Chapter 9. Force majeure circumstances

  1. The Parties are released from liability for non-performance or improper performance of obligations under the Contract, if this was the result of force majeure. In this case, neither Party will be entitled to damages. At the request of either Party, a commission may be established to determine the performance of mutual obligations. At the same time, none of the Parties is released from the obligations under the Contract that arise before the occurrence of force majeure.

In the event of force majeure, the Parties shall notify each other within five working days from the date of their occurrence, with subsequent delivery or sending by mail of a written notification specifying the start date and description of the force majeure circumstances confirmed by the relevant authorized organization of the Republic of Kazakhstan.

  1. The obligations of the Parties under the Contract may be suspended for the duration of force majeure circumstances, but only to the extent that such circumstances prevent the fulfillment of the obligations of the Parties under the Contract.

If the force majeure circumstances last for three or more months, each of the Parties has the right to terminate the Contract, provided that the other party is notified in advance at least twenty calendar days before the date of the intended termination. At the same time, the Parties undertake to make all mutual settlements under the Agreement within thirty calendar days.

 

Chapter 10. General Provisions and Dispute resolution

  1. In the event of any dispute or disagreement arising out of any provision of the Contract or in general, or in connection with any issue or action in relation to the provisions of the Contract, either Party has the right to submit a claim to the other party with a full statement of the nature of the dispute.

The parties shall make every effort to resolve all disputes through negotiations.

  1. If no agreement is reached, all disputes and disagreements under the Contract are resolved in the courts at the location of the defendant.

The Parties have the right to terminate the Contract in other cases provided for by the legislation of the Republic of Kazakhstan.

  1. The relations of the Parties arising from the Agreement and not regulated by it are regulated by the current legislation of the Republic of Kazakhstan.
  2. The agreement is drawn up in two copies in the Kazakh and Russian languages, one copy for each Party.
  3. By agreement of the Parties, the Agreement may be supplemented with other terms that do not contradict the model Agreement and the legislation of the Republic of Kazakhstan.

The contract for state institutions financed from the state budget is registered in the territorial bodies of the Treasury of the Ministry of Finance of the Republic of Kazakhstan, and enters into force from the date of its registration.

 

Chapter 11. Term of the Agreement

  1. The agreement comes into force from 00: 00 hours (according to the time of the city of Nursultan) "___" _____ 20__ year and valid until 24: 00 hours "___" _______20___years.
  2. The term of the Contract is extended for a certain period with the specification of the scope of service transfer, if one of the parties declares this thirty calendar days before the end of the Contract. The extension of the contract term is made out by an additional agreement to the Contract.

In the absence of an application by one of the parties to terminate or amend the contract at the end of the term, it is considered extended for the same period and under the same conditions as were provided for in the contract.

 

Chapter 12. Details of the Parties

The supplier:_____________________                  The consumer:_______________________

 

Дата публикации
18 января 2021
Дата обновления
18 января 2021
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