YOUR CONTRACT WITH CASTLE WATER
The following terms and conditions apply to your Quotation for the provision of Services by Castle Water and form part of our Contract with you.
1. DEFINED TERMS
Certain words and phrases used in these terms and conditions have the following meanings:-
1.1. “We” / “us” / “our” means (or refers to) Castle Water Limited (registered in Scotland with company number SC475583) and our registered office is at Craighall Castle, Rattray, Blairgowrie, Scotland, PH10 7JB.
1.2. “You” / “your” / “Customer” means (or refers to) the party entering into this Contract with us as more particularly set out on the Quotation.
1.3. “Default Tariff” means the most that we can charge you for the provision of the Services as set out in the documentation issued by the Water Industry Commission for Scotland under the Water Services (Codes and Services) Directions 2007 as amended, replaced or varied from time to time.
1.4. “Eligible Property” means (a) the premises which are (or are to be) connected to the public water supply system; and (b) in terms of providing sewerage or sewage disposal, means the premises which are (or are to be) connected to the sewerage system as set out in the Quotation.
1.5. “Quotation” means the document produced by us (which may be in hard copy or in electronic form) setting out our Charges for the Services, identifying the Eligible Property and signed by you accepting these terms and conditions.
1.6. “Charges” means the Charges we will charge to you and you agree to pay to us for the Services.
1.7. “Services” means the supply of water and sewerage services, meter services to / or the removal of any associated waste including surface water and trade to any Eligible Property that you own, lease or otherwise occupy as set out on the Quotation.
1.8. “Party” means either us or you.
1.9. “Contract” means the Contract between you and us for the provision of the Services constituted by the Quotation, these terms and conditions and any other document in writing which is expressly stated by us to form part of our Contract with you.
1.10. “Scottish Water” means the organisation of that name established under section 20 of the Water Industry (Scotland) Act 2002.
1.11. “Initial Term” means the initial term of our agreement with you as set out on the Quotation.
1.12. “Disconnections Document” means the document under the Water Services (Codes and Services) Directions 2007 (as amended, replaced or varied from time to time) which contains the code and other materials we are to apply to disconnections.
2. PROVISION OF THE SERVICES AND OUR CONTRACT
2.1. These terms and conditions together with the Quotation form our Contract with you. Our Contract with you applies from the date on which we accept your application for supply of the Services and continue until our agreement with you ends in accordance with these terms and conditions.
2.2. By signing our Quotation you are agreeing to these terms and conditions and applying for supply of the Services. We will have accepted your application when you have received a Contract countersigned by us from us.
2.3. We can change these terms and conditions by providing you with notice and new terms and conditions which will apply from the date shown in the notice. If you continue to receive Services after the date set out in the notice you will have accepted the new terms and conditions.
3. CONCERNS OR QUESTIONS ABOUT THE SERVICES OR YOUR BILL, AND COMPLAINTS
3.1. If you have any queries about any aspect of the Services or our Charges please contact our Customer Services Manager or your Account Manager in the first instance. If you still have queries which have not been answered to your satisfaction please contact our Chief Executive Officer at our registered office.
3.2. If you wish to make a complaint, please contact our Customer Services Manager with details of your complaint, who will investigate your complaint and supply a copy of our Complaints Policy on request.
4. CHANGES TO PRICING
4.1. For Contract periods of greater than 1 year, Castle Water will increase or decrease prices in line with any increases to the Wholesale charge cap determined by the Water Industry Commission for Scotland. Unless your Quotation states that you are on a fixed price Contract, we may alter the tariff or discount that we apply to your Contract and we shall give you 28 days’ notice of any such change.
4.2. We may move you on to our Default Tariff if you do not meet your obligations under the terms of this Contract.
4.3. We may alter your tariff (and therefore our Charges) if, in our sole opinion (acting reasonably), there shall have occurred a material adverse change in which has resulted from circumstances out with our control.
5. METER READINGS AND ACCESS
5.1 We may ask you to give us meter readings where the Eligible Property is metered. If we ask you to provide a meter reading and you fail to do so you will take all necessary steps required to allow us (or an agent we appoint) to take a meter readings.
6. INVOICES AND BILLING
6.1. You agree to pay us for the Services and to pay any other Charges which are due by you to us in connection with the Contract.
6.2. We can send you an invoice or adjust any invoice that we have already sent you if there is a change to the Eligible Property, if we become aware of any reassessment or we become aware that we have supplied Services to a property and you have not paid Charges for the Services supplied by us. We may also change an invoice or the Charges we invoice to you as a result of a change of use of the Eligible Property by you or as a result of a change to the manner in which Scottish Water charge for their Services.
6.3. We can adjust invoices back to the later of (i) the date on which you began occupying the Eligible Property, (ii) to the date of any reassessment or (iii) to 1st April 2008.
6.4. Unless otherwise agreed with us, you agree to pay your invoices by direct debit and undertake to return the direct debit mandate to us with your signed Quotation.
6.6. Our Charges on your invoice for Services will be based on:-
6.6.1. meter readings; and/or
6.6.2. estimated meter readings; and/or
6.6.3. the size of your meter; and/or
6.6.4. the Eligible Property’s rateable value; and/or
6.6.5. the Eligible Property’s assessed consumption and waste return; and/or
6.6.6. any other fixed price or ad hoc charges which may be payable by you; and
6.6.7. the tariff set out on your Quotation.
7. OTHER CHARGES.
7.1. We may charge you for any costs or liability (including to Scottish Water) we incur as a result of your actions or which directly relate to the Services and/or your Eligible Property and this shall include any costs we incur from Scottish Water (or any other network operator) and you hereby agree to indemnify us on demand for any such costs or liability we may incur. We may charge a reasonable administration fee of 3.5% in the provision of Services to you and not relating to Charges covered by our Quotation.
7.2. We may charge you for reinstatement or replacement work in relation to damaged equipment (including meters) relating to the Services or any equipment provided by Scottish Water (or any other network provider).
8.1. Unless otherwise agreed with us, you agree to pay your invoices by direct debit. If we have agreed an alternative payment method with you, you agree to pay our invoices in full as soon as we send you the invoice. If you disagree with part of an invoice you must pay us the amount for the part of the invoice that you do agree with.
8.2. Any payments that you make to us will be used to pay the oldest outstanding Charges first.
8.3. We may every month or other regular period change the amount you owe to reflect the value of the Services provided to you for under condition 6 (taking into account meter readings) and therefore your direct debit (or invoice) will alter to take account of actual usage or projected actual usage.
8.4. If you do not pay an invoice on time and/or your direct debit fails or advanced payments if required from you by us are not received we shall:-
8.4.1. contact you to inform you of your payment default and ask you to make immediate payment of outstanding sums;
8.4.2. move you on to our Default Tariff charging rate;
8.4.3. follow the procedures set out in the Disconnections Document which may result in us disconnecting you.
8.5. If you do not pay an invoice on time and/or your direct debit fails or advanced payments, if required from you by us, are not received we may charge you interest at the rate of 8% above the Royal Bank of Scotland PLC interest rate or in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. We may also ask you to pay us (and you hereby agree to pay us) a deposit in advance for future Services and our reasoning for doing so will be set out in our notice to you requesting such deposit in advance.
8.6. We will charge you and you agree to pay to us any reasonable costs we incur to recover outstanding sums from you such costs may include, visiting a property to collect money you owe, litigation and disconnecting and reconnecting your supply.
8.7. We may use any deposit in advance paid to us by you to pay Charges, including interest you owe to us under this Contract.
9.1. Nothing in the Contract shall limit or exclude a party’s liability for:
9.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
9.1.2. fraud or fraudulent misrepresentation; or
9.1.3. any other liability which cannot be limited or excluded by applicable law.
9.2. Subject to condition 9a we shall not have any liability to you whether in Contract tort, delict (including negligence), breach of statutory duty, or otherwise:-
9.2.1. for any loss of revenue, loss of profit, loss of Contract, business interruption or for any indirect or consequential loss arising under or in connection with the provision of Services to you, howsoever it is caused, even if it could have reasonably been foreseen, and whether it is caused by our negligence or not; and
9.2.2. any other loss or damage (including for lack of, or defective quality of, water) except in the case of our negligence or deliberate misconduct.
9.3. Our total liability to you howsoever arising under or in connection with this Contract shall be limited to the total amount of Charges paid by you to us in the previous 12 month period.
9.4. Subject to condition 9.3 if any act or failure to act by Scottish Water causes any loss or damage to you, our liability to you (if any) is limited to the amount (if any) that we may claim from Scottish Water.
9.5. This condition 9 continues to apply following termination of our Contract
10. ACCESS TO YOUR PREMISES
10.1. We (or Scottish Water) may require access to the Eligible Property in relation to the provision of the Services or in relation to the metering equipment. We will provide you with notice when such access is required. You agree to take all necessary steps (and pay any costs involved) to allow us (or any agent we appoint, or Scottish Water) with such access required.
10.2. You shall allow Scottish Water (or any other network operator) access to your premises and you acknowledge that in an emergency you may be required to stop using water or disposing of waste.
11. MOVING OR LEAVING
11.1. If you are moving from a property to another property or are leaving a property, and you have a single supply point supplied by us, you may end our Contract with you for that property by letting us know in writing at least 14 days before you move. If you do not do so, our Contract with you will continue in force for the property, and you will continue to be liable for our Charges until the date falling 14 days after either (i) you let us know in writing that you have left the property; or (ii) we become aware that another person has taken a supply at that property, whichever is earlier.
11.2. If you are supplied by us under a Contract relating to multiple supply points, you may end our Contract with you for individual supply points if you are leaving a property by letting us know in writing at least 14 days before you move. If you do not do so, our Contract with you will continue in force for the property, and you will continue to be liable for our Charges until the date falling 14 days after either (i) you let us know in writing that you have left the property; or (ii) we become aware that another person has taken a supply at that property, whichever is earlier. If following your termination of our agreement relating to certain supply points, we determine that the termination results in a material change in the margin in our Contract with you, then we may apply an alternative tariff, including the Default Tariff, to those supply points which we continue to supply for the remaining period of our Contract with you.
11.3. You should give us an accurate final meter reading and if you do not you will be responsible for payment of Charges relating to any difference between the meter reading upon which we based the final invoice or estimated invoice and the next meter reading.
12. DATA PROTECTION
12.1. You agree that we may use information that we receive from you, including ‘personal data’ as defined under the Data Protection Act 1998 to:-
12.1.1. identify you when you contact us
12.1.2. contact you
12.1.3. operate our administration processes
12.1.4. perform marketing services
12.1.5. perform debt tracing activities
12.1.6. to prevent money laundering and fraud
12.1.7. carry out analysis and produce reports
12.1.8. defend our legal rights or in connection with legal proceedings
12.1.9. protect the interests of the public
12.1.10. carry out any other task which is relevant to the Services.
12.2. We may also share any information that we receive from you with third parties in order that they perform any of the activities set out in condition 12 or to credit reference agencies, anyone performing diligence on our business, our professional advisers and any regulatory organisation.
12.3. We may monitor and record our communications with you (including telephone and email communications).
12.4. We may check your details with relevant agencies (including credit reference agencies) and may keep records of the outcome of such searches.
13. TERM AND TERMINATION
13.1. On expiry of the Initial term this agreement shall automatically renew on a yearly basis for a period of 12 months at a time on the terms and conditions set out in this Agreement unless and until terminated in accordance with the provisions of condition 13.2
13.2. You may terminate the agreement on expiry of the Initial term by giving us at least twenty business days prior written notice. In the absence of such prior notice from you our agreement with you shall renew in accordance with condition 13.1 If our agreement with you has renewed in accordance with condition 13.1 you may terminate the agreement on expiry of the renewed term by giving us at least 20 business days prior written notice and in the absence of such prior notice from you the agreement will renew in accordance with condition 13.1 again.
13.3. On termination of the Contract (however arising), the following conditions shall survive and continue in full force and effect:
13.3.1. Condition 9 (Liability)
13.3.2. Condition 12 (Data Protection)
13.3.3. Condition 13 (Term and Termination)
13.3.4. Condition 15
13.4. If you are subject to an insolvency event or if an administrator, administrative receiver, liquidator, provisional liquidator or any other type of insolvency practitioner is appointed to you or over any or all of your assets our Contract with you will end of the date of their appointment or the day on which you underwent an insolvency event. A new Contract applying the Default Tariff shall automatically commence with you on that date.
13.5. Early Termination: you may terminate this Contract at any time during its term by giving us 20 business days written notice and by paying us an early termination fee, which we shall calculate as a sum equal to the discount against Default Tariffs that you have received from the commencement of the Contract to the date of termination. You must notify us in writing of your intention to terminate the Contract and we will inform you of the relevant termination charge. The Contract shall not be terminated until such payment and any other payments due are received by us.
14. CONTACT DETAILS
14.1. Any notice or communications between the parties about or pursuant to the Contract shall be in writing and delivered by hand or sent by pre-paid first class post:
14.1.1. (in the case of communications to us) to our registered office or such other address as may be notified to you by us from time to time; or
14.1.2. (in the case of communications to you the Customer) to the address of the Customer set out on the Quotation.
14.2. If communications are delivered in accordance with this Condition 14 they shall be deemed to have been delivered, if sent by first class post, two days after posting and if delivered by hand, on the day of delivery.
15.1. By signing our Quotation you warrant that you have capacity to enter into this Contract and that the Customer has full power and authority, and has taken all action necessary (including obtaining all necessary consents or approvals) to enter into and perform this Contract and any other deeds, agreements or documents to be entered into pursuant to this Contract.
15.2. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this condition shall not affect the validity and enforceability of the rest of the Contract.
15.3. If any provision or part-provision of the Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
15.4. A person who is not a Party to the Contract shall not have any rights to enforce its terms.
15.5. Failure or delay by us in enforcing or partially enforcing any provision of these conditions against you shall not be construed as a waiver of any rights under these conditions by us.
15.6. You may not assign this Contract or any of your rights or responsibilities under this Contract to another person without our written permission.
16.1. This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Scotland and the parties submit to the non-exclusive jurisdiction of the Scottish courts.