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A standard contract for the provision of water supply and (or) sanitation services ___ District of Beimbet Mailin "__"______20__ year Tobol State Communal Enterprise under the right of economic management of Akimat of Beimbet Mailin district, BIN 021040002031 (entity name, business identification number/individual identification number) a provider of water supply and/or sanitation services (hereinafter referred to as Services), hereinafter referred to as a Supplier, represented by a. Director Sadykov Talgat Tansykpaevic (position, surname, first name, patronymic (if any) (hereinafter – Full name) acting on the basis of the charter on the one hand, and Name/Full name:__________________________________________________________________________________________ ID number, date, issued by whom:____________________________________________________________________________ IIN/BIN:__________________________ total person:__ Service delivery address: ___________________________________________________________________________________ (details of the consumer, for individuals – a document certifying the identity of an individual, an individual identification number, for legal entities a business identification number/individual identification number) hereinafter referred to as the Consumer, represented by _________________________________________ acting on the basis of (position, Full name) _________________________________ on the other hand, collectively referred to as the Parties, have concluded this agreement (hereinafter referred to as the Agreement) on the following. Chapter 1. The basic concepts used in the Contract 1. The following basic concepts are used in the Contract: A metering device is a technical means for measuring the volume of water (drinking, industrial, sewage and other types of water), having standardized metrological characteristics, reproducing and storing a unit of physical quantity for a certain time interval, allowed for use for commercial water metering in accordance with the procedure established by the legislation of the Republic of Kazakhstan.; checking metering devices is a set of operations performed by a Supplier's representative to inspect the condition of metering devices, determine and confirm its compliance with technical requirements, take readings, and determine the presence and integrity of seals on a water measuring unit.; billing period is the period defined in the Contract as a period of time equal to one calendar month from 00:00 hours on the first day to 24:00 hours on the last day of the month for which the Consumer pays for the service.; The boundary of the division of operational responsibility is the place where the elements of water supply and (or) sanitation systems are divided based on responsibilities (responsibility for their operation), established by agreement of the parties. In the absence of such an agreement, the boundary of the division of operational responsibility is established along the boundary of the division of balance sheet ownership.; The water consumption rate is 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 specific locality, which is determined by the local executive body in accordance with subparagraph 34) of paragraph 1 of Article 27 of the Law of the Republic of Kazakhstan "On Local Public Administration and Self–Government in the Republic of Kazakhstan".; non–admission to the water metering unit - refusal (obstruction) The Consumer needs 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 a Supplier's representative; the boundary of the division of balance ownership is the place where the elements of water supply and sanitation systems are divided between owners based on ownership, economic management or operational management, which is indicated in the diagrams.; payment document – a document (invoice, notification, receipt, warning invoice) drawn up to make payment for the services (goods, works) provided by the Supplier, on the basis of which the payment is made; consumer – a natural or legal person who uses or intends to use regulated water supply and/or sanitation services.; The department of the authorized body is the department of the state body responsible for the management of 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 and the legislation of the Republic of Kazakhstan on natural monopolies. The footnote. Paragraph 1 as amended by the Order of the Minister of National Economy of the Republic of Kazakhstan dated 18.10.2021 No. 92 (effective ten calendar days after the date of its first official publication). Chapter 2. Subject of the agreement 2. In accordance with the terms of the agreement, the Supplier undertakes to provide Services to the Consumer, and the Consumer undertakes to pay for the services provided in the time, manner and amount determined by this Agreement. 3. The characteristics of the services provided and the quality of the supplied water must comply with the requirements of the legislation of the Republic of Kazakhstan, sanitary rules, and state standards. 4. 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 settlement, performed in accordance with the Supplier's specifications. 5. The allowed amount of drinking water taken by the Consumer ___________ m3/year, industrial water ___________ m3/year diverted from the Consumer by household and industrial wastewater pollutants close to them in composition _________ 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 wastewater in the amount necessary for him. 6. The service provision mode is round–the-clock. 7. The boundary of the division of operational responsibility at the condominium facilities are: for water supply – the separating flange of the first valve at the water supply inlet in the building; drainage – a well at the point of connection to the drainage networks of a locality. Chapter 3. Terms of Service 8. The suspension of the provision of services is carried out 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) absence of payment for services during the two months following the billing period; 4) repeated exclusion of Supplier's representatives from water metering devices for taking readings and checking 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 stipulated by regulatory legal acts and the agreement of the Parties. The suspension of the provision of services in the cases provided for in subparagraphs 1) and 2) of this paragraph shall be carried out immediately. In the cases specified in subitems 3), 4), 5) of this paragraph, the Consumer is warned at least one month before the suspension of the provision of services. 9. In the cases stipulated by subitems 1) and 2) of paragraph 8 of the Contract, the Consumer is connected when the violations have been eliminated and eliminated. In case of suspension of the provision of services to the Consumer for violations provided for in subparagraph 3) According to clause 8 of the Agreement, the connection is made after repayment of the debt. In case of repeated disconnection, the connection is made after paying off the debt and paying the connection fee. The footnote. Paragraph 9 - as amended by the Order of the Minister of National Economy of the Republic of Kazakhstan dated January 20, 2020 No. 4 (effective ten calendar days after the date of its first official publication). 10. If the Supplier carries out scheduled preventive repairs, maintenance of water supply and (or) sanitation systems, and work on connecting new Consumers to the water supply and (or) sanitation networks to which the Consumer is connected, the Supplier shall notify the Consumer of the temporary suspension of services at least three working days in advance. 11. The intake of industrial wastewater from the Consumer into the Supplier's wastewater disposal systems is carried out in accordance with the Rules for the Intake of Wastewater into the sanitation systems of settlements, approved by Order No. 546 of the Minister of National Economy of the Republic of Kazakhstan dated July 20, 2015 (registered in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan for No. 11932). 12. If the permissible concentrations of harmful substances in the Consumer's wastewater are exceeded, based on the results of an analysis performed by a certified Supplier's laboratory, the Consumer stops discharging industrial wastewater into the wastewater disposal system and takes urgent measures to reduce pollution until the permissible concentrations of harmful substances are reached. After eliminating the cause that caused the increase in contamination, the Supplier takes repeated samples at the request of the Consumer. Chapter 4. Payment procedure for services 13. Payment for the services provided under this agreement is made at the rates approved by the department of the authorized body. Tariffs are changed in accordance with the procedure established by the legislation of the Republic of Kazakhstan. 14. Payment is made by the Consumer on a monthly basis for the amount of services actually provided on the basis of the payment document before the 25th day of the month following the billing period, unless otherwise provided by agreement of the parties. The billing period is one calendar month. Chapter 5. Accounting for vacation and consumption of services 15. The volume of water supply and sanitation services provided is determined by the readings of commercial metering devices. The procedure for determining the volume of water supply and sanitation services provided, which is not covered by this Agreement, is determined in accordance with the Rules for Calculating the Volume of water supply and Sanitation services provided, approved by Order No. 354 of the Chairman of the Agency of the Republic of Kazakhstan for Construction and Housing and Communal Services dated September 26, 2011 (registered in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan for No. 7257). 16. The amount of water discharged from the Consumer into the Supplier's drainage systems is assumed to be equal to: 1) when the hot water supply system is closed, when cold water is supplied to the Consumer from a centralized water supply system and the building is divided into two pipelines: one – further into the in–house cold water distribution network, the second – through a local water heater into the in-house hot water distribution network - the amount of cold water released. At the same time, household metering devices are installed at the boundaries of the operational responsibility section at the cold water supply plant.; 2) with an open hot water supply system, when hot water comes from a centralized hot water supply system, the amount of cold water and hot water released. Household metering devices are installed at the boundaries of the operational responsibility section at the hot and cold water supply outlets. 17. Water used irrevocably by the Consumer, included in the manufactured products, for irrigation, not discharged into the wastewater disposal system, is not taken into account when calculating payment for sanitation services. The volume of water that is not accounted for is determined according to technological calculations. 18. The technical and metrological characteristics of the Consumer's metering device must correspond to the actual volume of water consumption. The supplier allows metering devices to be operated in accordance with the Rules for the Selection, Installation and Operation of Water Metering Devices in Water Supply and Sanitation systems approved by Order No. 621 of the Minister of National Economy of the Republic of Kazakhstan dated August 28, 2015 (registered in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan for No. 12111). 19. Installation and operation of metering devices with broken integrity, without an impression of the primary verification, with an expired verification period are not allowed. 20. After the expiration of the established verification period, the metering device is automatically removed from the commercial register as not meeting the technical requirements. The Service Provider notifies the Consumer 30 days before the end of the verification period about the need for a regular state verification of the metering device or its replacement. 21. In case of temporary absence of metering devices due to their regular verification, repair or replacement, upon notification of the Supplier, as well as upon detection of a malfunction of the metering device through no fault of the consumer, the volume of water supply services provided is determined by the average consumption for the previous three months according to the meter readings for the period of absence of devices, but not more than one month. Upon expiration of 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, and for legal entities it is accepted in accordance with paragraph 5 of this Agreement. 22. 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 distinguishing balance sheet ownership and operational responsibility. 23. 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 the theft or breakdown of metering devices is established, unless otherwise provided by agreement of the Parties. Until the metering devices are restored, the Consumer is connected by the Supplier to the water supply networks. 24. Upon detection of violations of the Consumer's water metering scheme, failure of seals on control units and metering devices, installation of devices that distort the readings of metering devices, the Consumer is recalculated for using water from the date of the last inspection to the day of detection, but not more than two months, based on the calculation of the full capacity of the pipeline to the control unit it is valid for 24 hours a day. 25. When violations are detected, the calculation of the volume of water supply services provided is carried out in accordance with the Methodology for calculating the volume of water supply and sanitation services provided, approved by Order No. 354 of the Chairman of the Agency of the Republic of Kazakhstan for Construction and Housing and Communal Services dated September 26, 2011 (registered in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan for No. 7257). Chapter 6. Rights and obligations of the Parties 26. The consumer has the right: 1) to receive services of established quality that are safe for his health and do not harm his property in quantity in accordance with the terms of the Contract; 2) discharge wastewater in the required volume within the permissible loads; 3) require the Supplier to install metering devices for services; 4) appeal to the department of the authorized body and (or) in court the actions or omissions of the Supplier contrary to the law; 5) participate in public hearings; 6) require, in accordance with the established procedure, full compensation from the Supplier for damage caused to life, health and (or) property as a result of improper provision of services, as well as compensation for moral damage; 7) require recalculation of the cost of services in case of provision of services that do not meet the requirements established by the legislation of the Republic of Kazakhstan; 8) not to make payment for the service received if the Supplier has not issued an invoice in accordance with the established procedure.; 9) conclude a service agreement with the Supplier; 10) terminate the Contract unilaterally upon written notification to the Supplier no later than one month in advance, subject to full payment for the service provided. The footnote. Paragraph 26 as amended by the Order of the Minister of National Economy of the Republic of Kazakhstan dated January 20, 2020 No. 4 (effective ten calendar days after the date of its first official publication).
27. The consumer is obliged to: 1) to ensure the operation and safety of water supply and sanitation networks and equipment owned by him on the right of ownership or on other legal grounds and (or) located within the boundaries of his operational responsibility, in accordance with the requirements of regulatory and technical documents; 2) have metering devices and pay for the services provided on time and in full in accordance with their indications on the basis of payment documents issued by the Supplier; 3) immediately inform the Supplier about malfunctions in the operation of networks and structures of water supply and (or) sanitation systems, metering devices owned by him or on other legal grounds and (or) located within the boundaries of his operational responsibility that have arisen during the use of services that may have a negative impact on the operation of a centralized water supply system and (or) water disposal and cause harm to the environment, and in case of damage to networks or structures of water supply and (or) sanitation systems, or emergency discharge of pollutants, toxic substances – and to local authorities for the prevention and elimination of emergency situations, sanitary and epidemiological service and environmental protection; 4) to ensure the safety and proper technical condition of metering devices, seals and verification marks on metering devices, seals on metering units, bypass valves, fire hydrants located within the boundaries of its operational responsibility, to keep the specified premises clean, and also to prevent the storage of items that impede access to metering units and devices, mechanical, chemical, electromagnetic or other influences that may distort meter readings; 5) immediately notify the Supplier and the local authorities of the state fire service about the impossibility of using fire hydrants in the event of their malfunction or an accident on its water supply networks.; 6) immediately inform the Supplier about any damage or malfunction of metering devices, about violation of the integrity of seals; 7) ensure unhindered access of Supplier's representatives to metering devices for taking readings and checking 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 consumer networks in the presence of arrears; 8) provide local wastewater treatment in cases stipulated by the Rules for Receiving Wastewater into wastewater disposal systems of settlements, approved by Order of the Minister of National Economy of the Republic of Kazakhstan dated July 20, 2015 No. 546 (registered in the Register of State Registration of Regulatory Legal Acts of the Republic of Kazakhstan for No. 11932); 9) comply with safety requirements when consuming the service; 10) to prevent the discharge of wastewater with pollutants exceeding the permissible concentrations of harmful substances established in order to prevent negative effects on the operation of a centralized wastewater disposal system; 11) not to connect other Consumers to their own water supply and (or) sanitation networks without the permission of the organization for water supply and (or) sanitation; 12) comply with other requirements established by the legislation of the Republic of Kazakhstan. 28. The Supplier has the right to: 1) receive timely and full payment for the services provided; 2) reduce tariffs for services provided to all Consumers during the tariff period in accordance with the procedure approved by the authorized body; 3) to carry out maintenance and operation of networks and facilities of water supply and (or) sanitation of the Consumer within the limits of operational responsibility under a separate contract (agreement); 4) to control the consumption and payment of services; 5) perform a health check and verification of metering devices for services if there is an appropriate license. 29. The Supplier is obliged to: 1) ensure the proper operation of water supply and sanitation systems of a settlement owned by it or on another legal basis and (or) located 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) to ensure timely and uninterrupted provision of services to the Consumer in accordance with the concluded Contract without restricting the Consumer in receiving the service for reasons of non-fulfillment of obligations by other Consumers; 4) to 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 upon by the department of the authorized body, except in cases of acceptance and commissioning of construction facilities; 5) to prevent the transfer of any functions related to the provision of services to other persons; 6) keep records and control over the quality and quantity of services provided, take timely measures to prevent and eliminate violations of the provision of services; 7) conclude a service agreement with the Consumer; 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 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 based on reasonable Consumer claims within 24 hours; 12) when inspecting water supply and sanitation networks, metering devices, as well as when taking readings of Consumer metering devices, present an official identification card; 13) during the period of preventive and repair work, provide drinking water to the Consumer by means of transport; 14) issue a permit to connect Consumer facilities to water supply and (or) sanitation systems, provided that the Consumer's networks and facilities are in good working order and (or) the Supplier's technical specifications are met.; 15) to ensure the confidentiality of the Consumer's personal data from unauthorized access by third parties; 16) respond to Consumer complaints and appeals on issues related to the execution of this Agreement within 20 (twenty) business days from the date of receipt of the relevant request; 17) with the participation of the Consumer, provide 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 seal the Consumer's metering devices, within no more than 10 (ten) calendar days from the date of receipt of the consumer's statement; 19) to warn the Consumer about the temporary termination or restriction of water supply and (or) sanitation in the manner and in 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 other legal grounds, in accordance with the procedure and deadlines established by regulatory documents; 21) notify Consumers about the schedules and timing of scheduled preventive maintenance of water supply and sanitation networks through which services are provided; 22) to carry out sampling and research of industrial wastewater from Consumers in order to prevent negative effects on the operation of a centralized wastewater disposal system. The footnote. Paragraph 29 as amended by Orders of the Deputy Prime Minister - Minister of National Economy of the Republic of Kazakhstan dated 04.11.2024 No. 99 (effective after ten calendar days after the date of its first official publication); dated 24.06.2025 No. 57 (effective after ten calendar days after the date of its first official publication). Chapter 7. Limitations of the Parties 30. The Consumer is prohibited from: 1) retrofitting metering units, as well as installing and (or) removing metering devices without the consent of the Supplier; 2) violate the existing water metering schemes agreed upon and accepted by the Supplier. 31. The Supplier is prohibited from: 1) refusing to provide the service or restricting the Consumer from receiving 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 department of the authorized body; 3) require the Consumer to pay for services on a monthly basis without providing payment documents for them. 32. 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 33. Responsibility for the proper maintenance of equipment and engineering networks is assigned to its owner and is determined by the boundaries of the balance sheet ownership section. 34. In case of non-fulfillment or improper fulfillment of obligations stipulated by the Agreement, the guilty party shall compensate the other party for the losses incurred in accordance with the legislation of the Republic of Kazakhstan. 35. 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 upon conclusion of the Contract with the Consumer. The beginning of the penalty accrual period is the 26th day of the month following the billing period, unless otherwise agreed by the Parties. 36. 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 responsible to the Consumer. 37. Payment of a penalty (penalty fee) does not release the Parties from fulfilling their obligations under the Agreement. 38. 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 defer the accrual of penalties to the Consumer upon his written request. Chapter 9. Force majeure circumstances 39. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement, if this was the result of force majeure circumstances. In this case, neither Party will be entitled to damages. At the request of either Party, a commission may be established to determine the fulfillment 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 circumstances. In the event of force majeure circumstances, the Parties shall notify each other within five working days from the date of their occurrence, followed by delivery or mailing 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. 40. The obligations of the Parties under the Agreement may be suspended for the duration of force majeure circumstances, but only to the extent that such circumstances impede the fulfillment of the obligations of the Parties under the Agreement. In the event that force majeure circumstances last for three months or more, each of the Parties has the right to terminate the Agreement, provided that the other party is notified in advance at least twenty calendar days before the date of the expected termination. In this case, the Parties undertake to make all settlements under the Agreement within thirty calendar days. Chapter 10. General provisions and dispute resolution 41. In the event of any dispute or disagreement arising over any provision of the Agreement or in general, or in connection with any issue or action regarding the provisions of the Agreement, either Party has the right to send a claim to the other party with a full statement of the essence of the dispute. The parties shall make every effort to resolve all disputes through negotiations. 42. In case of failure to reach an agreement, 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 Agreement in other cases stipulated by the legislation of the Republic of Kazakhstan. 43. 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. 44. The Agreement is drawn up in two copies in Kazakh and Russian, one copy for each Party. 45. 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 agreement for state institutions financed from the state budget is registered with the territorial treasury bodies of the Ministry of Finance of the Republic of Kazakhstan, and comes into force from the date of its registration. Chapter 11. Term of the Agreement 46. The Agreement comes into force at 00:00 (Astana time) 01.01.2026 and valid until 24:00 hours on 31.12.2036. The footnote. Paragraph 46 is amended by the Order of the Deputy Prime Minister - Minister of National Economy of the Republic of Kazakhstan dated 04.11.2024 No. 99 (effective ten calendar days after the date of its first official publication).
47. The term of the Contract is extended for a certain period, specifying the scope of the transfer of the service, if one of the parties declares this thirty calendar days before the end of the Contract. The extension of the contract period is formalized 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 on the same terms as stipulated in the contract. Chapter 12. Details of the Parties
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The supplier |
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Consumer |
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The state communal enterprise "Tobol" on the right of economic management of akimat of the district of Beimbet Mailin BIN: 021040002031 111715 Kostanay region, district Beimbeta Mailina settlement, Tobol Elevator street, 77 IIC: KZ8094802KZT22030564, "Eurasian Bank " JSC, BIC: EURIKZKA t. 8 (71436)2-12-85, e.mail: gkp_tobol@mail.ru
Acting Director _________________ Т.Т. Садыков |
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Name/Full name.:___________________________________ _________________________________________________ Registered address/Legal entityaddress: _________________ __________________________________________________ Place of work:____________________________________ __________________________________________________ Water intake column □, water in the house □, meter □, central sewerage □, septic tank □, garden area of ___ acres, auxiliary farm: _____________________________________________ _________________________________________________ Phone numbers:____________________________________ e.mail: ___________________________________________
Signature: ___________________________
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