The terms and conditions of supply are set by the Company from time to time and provide the basis on which the Company agrees to supply water to the Customer. The detailed terms and conditions of supply are set out below. If you have questions concerning specific aspects of the terms and conditions of supply please contact the Customer Accounts Department (click
here).
Responsibility for water charges
The person(s), partnership or company named on the signed application for the supply of water (‘the Customer’) shall be responsible for all charges raised in respect of that supply of water. Where the application is signed by more than one person then the liability shall be joint and several. Where there is no signed application for the supply of water then the person(s) responsible for the payment of all charges shall be the person(s) identified by the Company as the occupier(s) of the premises. Where the application form is signed in the name of a business which is not a limited liability company, partnership or other recognised legal entity then the signatory on the application form shall be deemed to be the Customer.
The Company may choose not to enter into a supply agreement with tenants of furnished premises or tenants on a short term lease (of three months or less in duration). In such circumstances the owner of the premises or long term leaseholder will be required to enter
into a supply agreement and will be responsible for the payment of water charges.
Where there is to be a change in the Customer responsible for the payment of the water charges (e.g. on change of ownership or tenancy of the premises) the departing Customer should contact the Company to advise of the change at least 2 working days prior to the date of the change.
The outgoing Customer shall remain liable for all charges for water consumed until such time
as a final meter reading is taken and/ or the account taken out of their name.
If there is a change to the occupier of property supplied by the Company (e.g. on change of ownership or tenancy of the property), the Company may, at its discretion, alter the supply
of the property from unmeasured to measured supply.
The bill for water supplied represents demand for payment for water under the Water (Jersey) Law 1972 as amended (the ‘Law’). Bills are due and payable on issue.
The Customer agrees to pay the charges that are billed in accordance with the schedule of tariffs and charges that are published from time to time by the Company (‘the schedule of charges’) which is available upon request.
Charges
The charge for unmeasured supplies shall comprise the charge for water, the standing charge and, where applicable the hosepipe charge. Bills for water charged for on an unmeasured basis will be rendered quarterly in advance and are payable upon issue.
The unmeasured charge for water is calculated by reference to the 1990 Parochial Assessed rental value of the premises being supplied or, where no 1990 assessed rental value was available (due to the building having been constructed after 1990 but before 1 July 2003), to an assessed rental value comparable, in the Company's opinion to what would have been applied under the 1990 rating assessment.
Once applied, assessed rental values cannot be amended except where a subdivision occurs.
Where water is supplied by a common pipe for premises or parts of premises occupied by different people, the unmeasured charge for water shall apply to each as if supplied by a separate pipe.
Where a property initially supplied on an unmeasured basis is subdivided into more than one premises then the rateable value applied prior to the subdivision shall no longer be applicable.
Hosepipe
charge
Customers, who are charged for water on an unmeasured basis, requiring the
use of a handheld hosepipe for the purposes of garden watering, car washing,
or similar activities shall pay an annual hosepipe charge in accordance with the schedule of charges.
Customers wishing to use a hosepipe who have not paid the charge are required
to contact the Company to pay the charge prior to their use of the hosepipe.
The payment of a hosepipe charge does not authorise the use of sprinklers, automated watering or irrigation systems or unattended hoses. Where a hosepipe is used without a charge having been paid the Company will levy the full hosepipe charge for the year in which the discovery is made plus the standard administration charge as set out in the schedule of charges.
In the event of the Company imposing a restriction on hosepipe use the Company will reimburse the Customer pro-rata based upon the period of restriction, calculated to the nearest day.
Charges
Charges Supplies charged for water by volume will be measured by way of a
water meter.
The charge for measured supplies shall comprise the volumetric charge for water (the volume of water consumed multiplied by the prevailing rate per unit of water) plus the standing charge. The volumetric charge is billed quarterly in arrears.
The Customer is liable for all charges relating to water consumed under the supply agreement. Charges for water are reviewed annually and are set out in the schedule of charges.
Metering of new water supplies and upgraded existing supplies All new water supplies (ie those where either no unmeasured or measured charge has previously been raised) and all supplies that are upgraded will have a water meter installed and the consumption of water will be charged for by volume. The Company will not be responsible for the costs of converting any existing premises or private plumbing system to accommodate a metered connection.
Metering on change of Customer
For water supplies not previously fitted with a water meter, where there is a change of Customer, the Company will, at its own discretion, install a water meter and amend the basis of charging for water from unmeasured to measured.
Water meters fitted under this scheme will be installed free of charge. Where it is not possible or the Company declines to fit a meter, then water will be billed on the assessed volume basis described below.
Metering upon Customer request
Where a Customer wishes to change the basis of charging for water from unmeasured to measured, the Company will, at its own discretion, install a water meter and amend the basis of charging for water from unmeasured to measured.
Water meters fitted under this scheme will be installed free of charge. Where it is not possible or the Company declines to fit a meter, then water may continue to be charged on the existing unmeasured basis unless the Customer elects to be billed on the assessed volume basis described below.
Customers who elect to remain paying on an unmeasured basis may continue to do so until such time as they are required to change to a metered or assessed supply under the Universal metering programme explained below
Island Wide Universal metering
With effect from 1 May 2010, the Company will begin a programme of converting all unmeasured supplies in Jersey to measured supplies. Water meters shall be fitted, at the discretion of the Company, to all unmeasured supplies in accordance with the Company’s meter installation programme and the basis of charging shall be amended from unmeasured to measured. Water meters fitted under this scheme will be installed free of charge. Where it is not possible or the Company declines to fit a meter, then the Customer will be charged for water on an assessed volume basis described below.
The meter installation programme will be determined by the Company and will be subject to change at the Company’s discretion. Information concerning the meter installation programme and provisional installation timetable are available on the Company’s website.
Mandatory metering
Where premises have a swimming pool, automated garden watering system
(e.g. sprinklers, etc) or use hoses on an unattended basis all services supplying such premises may be required by the Company to be charged for on a measured basis and must therefore have a meter fitted.
The Company may also require that a meter be fitted to premises should it suspect higher than average consumption of water for any reason other than normal domestic purposes. Normal domestic purposes are deemed to comprise water consumed through:
Water meters fitted under this scheme will be installed free of charge. Where it is not possible or the Company declines to fit a meter, then the Customer will be charged for water on an assessed volume basis described below.
Assessed Volume Charge
The assessed volume charge is available to customers in the following circumstances:
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On change of Customer. Where the Company is either unable or declines to fit a meter then water will be billed on an assessed volume charge basis.
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On Customer request. Where the Customer has requested that a meter be installed but the Company is either unable or declines to fit a meter then the Customer has the choice to pay for water on the assessed volume charge basis or continue, for the time being, paying on the unmeasured basis.
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On universal metering. Where the Company is either unable or declines to fit a meter then water will be billed on an assessed volume charge basis.
The basis and quantum of the Assessed Volume Charge are set by the Company from time to time and details are published annually in the schedule of tariffs & charges. The Company may vary the basis and quantum of the Assessed Volume Charge at its discretion. The Assessed Volume Charge is billed quarterly in advance.
Once a water supply is charged for water using the Assessed Volume Charge it may not revert to being charged on an unmeasured basis.
In order to be charged for water on the assessed tariff the Customer agrees to provide the Company with the necessary information on which the Company will base the assessed charge.
In the event that the Customer does not provide the information requested by the Company in order for it to raise an assessed charge then the Company shall be entitled to raise a charge for water based on its estimation of the volume of water consumed on the Customer's water supply.
If it subsequently becomes possible for a water meter to be fitted or if the Company determines that it shall agree to install a meter (where it had previously declined to do so) then the Company may, at its discretion, install a meter (free of charge) and the basis for charging for water shall change to an actual measured basis with effect from the date on which the meter is installed.
Reversion to unmeasured basis
Once a water supply is charged for water on a measured basis it may not revert to being charged on an unmeasured basis.
Installation of a meter on an existing unmeasured supply
Wherever possible, the Company will install a meter free of charge to an existing water supply. The preferred location of the meter will be at the discretion of the Company and will take the location of the existing service and supply pipes into consideration as well as the accessibility of the location for the purposes of meter reading. Generally, the meter will be installed in the road or pavement directly outside the property being served.
The following costs will not be borne by the Company:
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The additional costs associated with locating the meter in any location other than the Company preferred location.
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The cost of altering or installing plumbing on the Customer’s pipe work to accommodate the meter.
On conversion of an existing unmeasured supply to a measured supply, the Company reserves the right to alter its payment arrangements with the Customer.
In any billing period where a conversion has been made from an unmeasured supply to a measured supply, payment shall be pro-rated to reflect the period during which the property was supplied on an unmeasured basis. Following conversion, the Customer shall be billed on a measured basis from the day
of conversion.
Ownership of the meter
The ownership of the meter and ancillary equipment will remain the property of and be maintained by the Company. The Company may, at its own expense, replace the meter and ancillary equipment at any time with meter equipment of its choice.
Damage and tampering
Once installed, the equipment may not be interfered with, removed or disturbed by anyone other than a duly authorised Company representative. The cost of repairing or replacing the meter and ancillary equipment as a result of damage, tampering or removal by the Customer shall be payable in full by the Customer.
Where a meter has been removed or tampered with such that it is either inoperative or misreads the volume of water consumed then the Customer shall pay, in respect of the water supplied, for a volume of water that is deemed reasonable by the Company based upon previous consumption records for similar periods. Except where evidence to the contrary is available, the date on which any missing or damaged meter went missing, became inoperative or began misreading shall be deemed to be day following the penultimate meter reading.
Meter reading
Meter readings shall be taken by an authorised Company representative at intervals determined from time to time by the Company. For periods where no reading is taken the charge for that period will be based upon the estimated consumption of water in the period.
Unless the meter is proved to be operating incorrectly the readings taken from the meter shall be deemed definitive evidence of the water supplied to the Customer.
Meter accuracy
Should the Customer request that the water meter be tested for accuracy the Company will arrange for this to be performed by an independent examiner (usually the manufacturer). A water meter will be deemed accurate if it operates within the manufacturer’s tolerances for the model of water meter in question.
Should the water meter prove to be measuring consumption accurately then the Customer shall pay all costs of extracting and testing the water meter. Should the water meter prove inaccurate the Company will bear the cost of testing and replacing the water meter.
Where a water meter has stopped, is proved inaccurate or has been damaged, the Customer shall pay, in respect of the water supplied, for a volume of water that is deemed reasonable by the Company based upon previous consumption records for similar periods. The date on which any inaccurate meter became inaccurate shall be deemed to be day following the penultimate meter reading.
Consumption and leakage
The Customer shall remain liable for all water shown as consumed, including water consumed through leakage on the Customer pipe work. The Company operates a leakage allowance policy for domestic customers, details of which are available from the Customer Accounts Department.
All accounts for water will be subject to a standing charge, as set out in the schedule of charges.
Where water is supplied by a common pipe for premises or parts of premises occupied by different people, the standing charge shall apply to each as if supplied by a separate pipe.
Where more than one metered supply feeds the same premises the standing charge will be payable on each metered supply.
The Company will make an administrative charge (as set out in the schedule of charges) for each occurrence of the following events:
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Cheques that are returned unpaid
by the bank marked “refer to drawer”.
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Direct debit/continuous credit
card payments that are refused by the paying bank owing to insufficient
funds.
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Where bills remain unpaid and the Customer receives
a notice that the supply will be turned off (this charge will remain
payable whether the supply is turned off or not).
Where a supply is turned off for the non-payment of water charges or at the request of the Customer there will be a charge for the reconnection of the supply as set out in the schedule of charges.
Where a supply is turned on by a person other than an authorised Company representative the standard reconnection charge will apply.
The bill for water supplied represents demand for payment for water under the Law. Unless a separate agreement has been entered into with the Company
(e.g. paying by monthly direct debit), all bills are due and payable on issue.
Where the Customer fails to settle the amount outstanding the Company is entitled, subject to the provisions of the Law to disconnect the supply and seek recovery of amounts owed through civil proceedings.
Where a bill is not settled the supply may be cut off and will not be reconnected until such time as all amounts (including reconnection charges etc) are paid in full. Supplies will only be reconnected within normal working hours.
Deposits for commercial customers
Where the Company deems it necessary, it may request, from commercial customers applying for a supply of water, the payment of a cash deposit to cover the eventuality of the Customer being unable to meet charges for water as and when they fall due. A deposit will be held by the Company until such time as it is deemed necessary by the Company and shall accrue interest at a rate determined by the Company from time to time (calculated based upon the number of days).
In the event of non payment of a bill by the Customer the Company may use the deposit to meet outstanding charges. However, the holding of a deposit will not preclude the Company from taking other action (including disconnection of the supply and initiating legal proceedings) to recover amounts due.
Customers whose supplies are unmeasured or who pay an assessed charge
and whose premises are vacant for a period of 28 consecutive days or more
will
be eligible for an allowance on the water charges for that vacant period.
The allowance will only be granted where it is applied for in writing and before the property comes vacant. Customers will continue to be charged the standing charge for any vacant period.
The Company recommends that customers turn off their water supply at an internal stop valve when they are leaving their premises unoccupied for any extended period. Where the Customer requires their supply to be turned off at the external stop-valve they should contact the Company at least 48 hours prior to the required disconnection. In such cases the standard reconnection charge will be levied once the supply has been restored.
The Company shall install, maintain, be responsible for and retain ownership of all pipe work from the water main to the outlet connection of the boundary box or meter chamber (the ‘Communication Pipe’). The location of the boundary box or meter chamber shall be at the Company’s discretion but shall generally be located as near as practicable to the Customer’s premises. The Customer shall be responsible for the maintenance and repair of all pipe work beyond the Communication Pipe including any element situated on a public road or private property not owned by the Customer.
Any damage to the stop-valve or meter not caused by the Company’s employees will be charged to the Customer.
The unauthorised use of the stop-valve to connect or disconnect premises to or from the mains is prohibited and may result in additional charges to the Customer (see ‘Other Charges’).
Where the Customer identifies a leak, either internally or on Company pipe work the Customer should inform the Company immediately. Once identified, all leaks on private pipe work must be repaired within two weeks. Failure to repair a leak on private pipe work may result in the water supply being disconnected.
In the event of the Customer failing to repair leakage on private pipe work the Company reserves the right to take whatever action is necessary in order to repair the leak with the full cost of such repairs being passed on to the Customer. Where the Company has been forced to undertake such repairs, the supply to the premises will be charged for by volume thereafter.
Where a leak is detected on private pipe work, which is charged for water by volume, the Customer shall be responsible for the payment of all amounts indicated as ‘consumed’ by the water meter. The Company operates a leakage allowance policy for domestic customers, details of which are available from
the Customer Accounts Department. No leakage allowance is available to
non domestic customers.
The Customer should ensure that, prior to connection to the water main, the plumbing of the premises are in a sufficiently good state of repair and of sufficient Capacity to withstand mains water pressures. The Company will not be held responsible for leaks or bursts on the Customer’s side of the stop-valve or meter or the damage that such leaks or bursts may cause.
Unless multiple supply agreements are already in place, the Company will not enter into multiple supply agreements for premises which share a communal service (e.g. a block of flats with one common water supply). In all such cases the owner of the premises which are supplied or in the case of flying freehold property the association of co-owners established under the ‘Loi (1991) sur la co-propriété des immeubles bâtis’ in respect of the premises which are supplied or in the case of premises divided by share transfer the Company owning the premises which are supplied will be required to enter into a supply agreement for the water consumed in or at the premises.
In the event of a communication pipe serving more than one premises, each of the premises will be served by a separate individual pipe, stop-valve and meter.
In the case of joint ownership of the supply pipe or where the ownership of the supply pipe is unclear, in order to prevent wastage and excessive periods where no water is supplied to multiple premises the Company reserves the right to undertake any work required and to recover the costs from the relevant Customer.
The Company staff shall have a right of access at all reasonable times onto any part of the premises or the property of which the premises form part in order to:
1. turn the stop-valve on or off,
2. install, read, replace or maintain the water meter and ancillary equipment,
3. carry out any repairs to the supply pipe deemed necessary by the Company,
4. prevent the wastage of water, or
5. inspect premises for compliance with the provisions of the bye-laws.
Where premises are equipped with a supply of water for the purposes of fire fighting the Customer shall use the supply only in the event of a fire or for fire safety testing purposes. If it is discovered that water is being consumed for reasons other than those stated above then the Company reserves the right to make an assessed charge for the water consumed.
Connection charges
The installation of a supply for water will be subject to the payment of a
connection charge which will cover the cost of extending the main and/or laying a communication pipe to the location of the stop-valve. All connection charges are subject to a formal quotation.
Water supplies to new or planned properties/developments
Where the Company is requested to install supplies to a site for the purposes of supplying properties which are either under construction or planned, the Company shall determine the most effective manner in which to supply water to the properties in question (taking into account the potential for future development). The Company reserves the right, in such circumstances, to lay a water main and communication pipes in private land (in accordance with the provisions of Article 3 of the Law). Such main and communication pipes remaining the property and responsibility of the Company.
Compliance with building regulations and bye-laws
The Customer agrees to ensure that, prior to connection, the premises being connected meets all relevant building regulations under the Island Planning (Jersey) Law 1964 and the bye-laws and that any subsequent modification to the internal plumbing arrangements will continue to be compliant with the regulations and bye-laws. The Company reserves the right to inspect internal plumbing arrangements for compliance with regulations and applicable byelaws to ensure compliance prior to allowing connection to the main. Where it transpires that a premises is not plumbed in accordance with the provisions of the bye-laws or equipment is being used in breach of the bye-laws the Company reserves the right to take action against the Customer to force compliance.
The supply agreement between the Customer and the Company shall be governed by the laws of the island of Jersey.
The supply of water is governed by the Water (Jersey) Law 1972 as amended
(the ‘Water Law’).
Where there is deemed by the Company or Courts to be inconsistency between these terms and conditions and the provisions of the Water Law, the provisions of the Water Law shall prevail.
The Company shall not be held responsible and excludes liability for any event resulting in loss or injury, loss of life, illness, damage to property, equipment or possessions of the Customer and third parties caused by or involving Company equipment, property, infrastructure or the water supplied by the Company except in such cases as excluded by Law or where the Company is found to have been negligent.
Goods and Services Tax (GST)
Under the Goods and Services Tax (Jersey) Law 2007, where applicable, the Company is required to charge for and collect GST on the value of water supplied. GST is charged at the standard rate.
The Company may vary these terms and conditions from time to time and for whatever reason. The current version of the terms and conditions of supply shall be those that are available from the Company’s website, www.jerseywater.je.
A copy of the
terms and conditions of supply are available to download by clicking
here or can be obtained from the Customer Accounts
Department (click
here).
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