SAWater - Customer contract

5.1 Infrastructure

(a) You must maintain all infrastructure on your side of the connection point.

(b) If installation of internal infrastructure at your supply address is reasonably required in order for us to provide you a retail service then you must provide that infrastructure in compliance with all applicable regulatory instruments.

5.2 Meters

(a) Unless we agree otherwise, we will install a meter on your supply address of a size and in a location determined by us and in accordance with our Connections Policy to measure the quantity of water we supply to you.

(b) Separate meters are required for the provision of water and recycled water.

5.3 Ownership of the water meter

(a) The meter is our property and includes the outlet riser of the meter to your property, inlet riser, stop tap and associated fittings.

(b) You must not use the stop tap to control water and/or recycled water at the supply address unless that stoppage is reasonably necessary to undertake required temporary repairs to your infrastructure or to deal with an emergency.

(c) We do not accept responsibility for damage or loss including water and/or recycled water as a result of stop tap malfunctions unless that damage or loss is caused by our negligence. An isolation valve should be installed to your internal pipework by a licensed plumber if you wish to control the water and/or recycled water supply at your supply address.

(d) You must protect the meter from accident or damage and charges apply for the replacement of a damaged or lost meter and/or fittings.

5.4 Right to enter

(a) We have, together with our employees and contractors, the right to enter your property to read the meter located at your supply address or to perform planned or unplanned maintenance to our infrastructure located at your supply address, in each case in accordance with sections 44 and 45 of the Act.

(b) You must keep the meter clear from obstruction and ensure we can safely and conveniently access and read the meter at your supply address.

5.5 Accuracy of water meters

(a) If you believe your meter is not accurately recording your water and/or recycled water usage you may request that we test your meter. If you make a request you must pay us in advance our charge for checking the meter reading, metering data or for testing the meter as per our Fees and Charges Schedule.

(b) If the meter is found to be within the 5% limits for reasonable accuracy (i.e. +/- 5%) your current bill stands and you will be charged the meter testing fee (please refer to our Fees and Charges Schedule available on our website).

(c) If the meter is found to be over-recording outside of the reasonable limits referred to in clause 5.5 (b) then:

(i) the meter testing fee paid under clause 5.5 (a) will be credited to your next bill; and

(ii) we will credit your next bill with the percentage amount for which the meter has been over-recording for a period of 12 months prior to the replacement of your meter.

(d) If your meter is found to be under-recording we may recover undercharged amounts from you using the estimation methodology referred to in clause 10.4 but subject to the limits expressed in clause 14(b).

(e) If your meter is found, by us, to be within the acceptable limits but you still believe the meter is inaccurate you have the right to have the meter independently tested at your cost. If the meter is found by such test to be over-recording outside the reasonable limits referred to in clause 5.5 (b) we will credit the testing fees against your next bill.

5.6 Dual reticulation recycled water service supply obligations

With regard to a dual reticulation recycled water service:

(a) You must not take recycled water from the dual reticulation recycled water network at your supply address other than in accordance with this contract.

(b) You must only use recycled water for purposes as set out in our Recycled Water Household Guide available on our website.

(c) You are permitted to use recycled water at your supply address only. You are not permitted, without our prior written consent, to supply recycled water to any other person or property.

(d) The dual reticulation recycled water network downstream of the connection point must, at your cost, comply at all times with all provisions and directions under the applicable regulatory instruments or any other law relating to standards of work, materials and plumbing.

(e) You must ensure that the water reticulation network at your supply addressis independent of the dual reticulation recycled water network at your supply address and any other alternate water system (e.g. rain water).

(f) If your internal pipework or other on-property plumbing infrastructure does not meet plumbing standard AS/NZS3500.1:2003 (as amended or replaced from time to time), we may suspend your supply of recycled water until we are satisfied that the defects are remedied.

(g) If we reasonably consider that it is necessary to minimise the risk of cross-contamination of your infrastructure downstream of the connection point (even if recycled water is no longer used at your supply address) we may require you to conduct inspections and audits of your plumbing infrastructure on a five-yearly basis and at transfer of ownership of a supply address at your cost, performed by a licensed plumber. We may require you to forward to us evidence of the successful completion of an inspection or audit.

5.7 Secondary supplies

You may not supply another customer or property with a retail service without express permission from us.

6.1 We will, on formal request from you, connect your supply address to the relevant network in order to provide you with a retail service in accordance with our Connections Policy and Augmentation Policy.

6.2 Fees and charges for connections apply and will be determined in accordance with our Connections Policy and Augmentation Policy where relevant. You will be advised of the fees and charges relevant to your connection.

6.3 You must obtain all necessary approvals from relevant authorities for the laying and maintaining of any infrastructure required to connect to our network as per the Connections Policy.

6.4 We will use our best endeavours to install connections in line with the regulatory service standards.

6.5 In accordance with our Connections Policy and Augmentation Policy, in some areas:

(a) you may be required to implement additional water, recycled water or sewerage infrastructure in order to receive a retail service at your supply address; and/or

(b) a retail service may not be available to you at your supply address; and/or

(c) a retail service may not be available to you at your supply address however, a retail service with special characteristics may be available. This retail service with special characteristics will be provided under, and in accordance with, the terms of this contract.

6.6 We will notify you upon assessment of your application for connection if any of the conditions in clause 6.5 apply to you.

6.7 In accordance with our Connections Policy and Augmentation Policy where a connection is required in order to provide you with a retail service, you must fund, or part fund in agreement with us, any extension or augmentation of the network required to connect your supply address. These works must be paid for and completed prior to the commencement of the sale and supply of a retail service to you.

6.8 In accordance with our Connections Policy and Augmentation Policy where you have made a request for a retail service, we may not be able to deliver that retail service, if the retail service is not available at the supply address or if the network does not have the capacity to deliver the retail service.

7.1 Water retail service – quality

(a) Where your water retail service comprises drinking water, we will provide that drinking water in accordance with all relevant health, environmental and other applicable regulatory requirements.

(b) Our obligation mentioned in clause 7.1 (a) is limited to the extent that such quality is adversely affected by your actions or equipment and the terms of this contract.

(c) Where your water retail service comprises non-drinking water (including recycled water) we will provide such a water retail service on the basis that such water is not intended for human consumption and otherwise may only be used for purposes as advised by us. If such a water retail service is provided by us, it will be supplied in accordance with all relevant health, environmental and other applicable regulatory requirements applicable to non-drinking water.

(d) We may need to reclassify your water retail service from drinking water to non-drinking water or vice versa for various reasons in accordance with applicable regulatory instruments. We will notify you if this occurs.

7.2 Water retail service – reliability

(a) We will use our best endeavours to provide you with a water flow rate to meet your reasonable needs. Please note that, for some customers, the flow rate may not be sufficient for all purposes without provision of additional on-site infrastructure. You assume the responsibility of providing such additional water infrastructure.

(b) We will notify you under clause 7.4 if, due to the special characteristics of your water retail service, we are unable to provide you with such a flow rate.

7.3 Sewerage retail service – reliability

(a) If you are connected to our sewerage reticulation network, then we will use our best endeavours to provide you with a sewerage retail service to meet your reasonable needs for the discharge of domestic waste in accordance with all relevant health, environmental and other applicable regulatory requirements.

(b) We will use our best endeavours to ensure that there are no sewer overflows at the supply address due to a failure in the sewerage reticulation network. In the event of sewer overflow due to our negligence, we will use our best endeavours to ensure that inconvenience to you is minimised and the affected area is reasonably cleaned up at our cost.

(c) If a blockage in the sewerage retail service occurs in the pipework at the supply address, that is, from your side of the connection, you are responsible for the repairs.

(d) If a blockage in the sewerage retail service occurs within our sewerage reticulation network, that is from the supply side of the connection, we will clear the blockage at our cost unless and to the extent you have contributed to the blockage occurring. If you have contributed to the blockage, you will be liable to pay us for the proportion of the costs reasonably determined by us to be attributable to your contribution to the blockage.

(e) You are not permitted to discharge restricted wastewater into our sewerage reticulation network under this contract.

7.4 Retail service with special characteristics

(a) If, prior to the commencement of this contract, you were a customer that we supplied a retail service to with special characteristics, whether under a separate agreement or without a formal agreement in place, this contract will now apply to the provision of that retail service and the special characteristics applicable to that retail service will continue to apply.

(b) We will advise you of the special characteristics of the retail service applicable to you under this contract. For existing customers, we will advise you on commencement of this contract. For new customers we will advise you upon assessment of an application by you for a retail service under this contract.

8.1 Interruptions to a retail service

We may interrupt the supply of your retail service in the following instances:

(a) for maintenance;

(b) for repair;

(c) for augmentations to the network;

(d) in the event of emergencies; or

(e) for health and safety reasons.

8.2 Unplanned interruptions

(a) In the event of main breaks, leaks, blockages and spills in respect of our network, we will use our best endeavours to restore your retail service as soon as practically possible and within the timeframes specified in the regulatory service standards.

(b) In the event of an unplanned interruption to your water retail service which results in an extended outage of the provision by us to you of drinking water, we will use our best endeavours to supply you with alternative drinking water supplies where required by you.

(c) In the event of an unplanned interruption to your water retail service, we will use our best endeavours to ensure damage or inconvenience to you is minimised. We will compensate you for any loss, damage or injury occurring at your supply address as a result of a main breaks, leak, blockage or spill occurring within our network to the extent caused by our negligence. However, you also have a responsibility to take reasonable steps to minimise any damage or injury that may occur.

8.3 Planned interruptions

We will use our best endeavours to provide you with at least 4 business days’ notice prior to planned works that will cause an interruption to your retail service. This notice will be in writing where practicable but may be by radio or newspaper.

8.4 Water restrictions

At the discretion of the Minister we may interrupt, limit or place conditions upon your water retail service. 8.5 Illegal use of a retail service

(a) If you are found to be illegally using our retail service, or otherwise consuming our retail service not in accordance with this contract or applicable regulatory instruments, we may estimate the consumption for which you have not paid using an approved estimation method and bill you or take debt recovery action against you for the undercharged or uncharged amounts.

(b) By illegally using our retail service, clause 11.1 and 11.4 will not apply to you.

10.1 Billing cycle

(a) We will use our best endeavours to issue you a bill at least quarterly.

(b) We may require you to enter into a shortened collection cycle that differs from clause 10.1 (a) above provided we advise you in writing of the terms of the arrangement and do so in accordance with applicable regulatory instruments.

10.2 Billing address

(a) We will issue a bill to you at the supply address advised under clause 6.2 unless you subsequently nominate another address.

(b) It is your responsibility to advise us of any change in billing address, or pending change in billing address, prior to the issue of your next bill.

10.3 Basis for bills

(a) We will base your bill for a water retail service that is metered on:

(i) an actual reading of the relevant meters at your supply address determined in accordance with applicable regulatory instruments;

(ii) on metering data provided for the relevant meters at your supply address determined in accordance with applicable regulatory instruments;

(iii) an estimation of the usage of a retail service used by you determined in accordance with the our estimating system approved by ESCOSA; and we will use our best endeavours to ensure that there is an actual read of relevant meters at the your supply address as frequently as is required to prepare its bills as required under clause 10.1 and, in any event, at least once every 12 months.

(b) Where you share a single meter at the supply address with one or more other customers a single bill will be issued under this contract to be dealt with under the external arrangements of those customers. Where those customers collectively request us to do otherwise, we will apportion the water use on a basis approved by ESCOSA and issue separate bills to each customer receiving a supply from the single meter.

(c) If you are a customer to whom clause 10.3 (b) above applies and you request us to apportion your bill, and we are able to bill all customers separately, we will:

(i) apportion the consumption of the water retail service across the customers supplied through that meter on a basis approved by ESCOSA; and

(ii) provide separate bills to each individual customer if requested.

(d) We will calculate your bill for a water retail service that is unmetered in accordance with an estimation system approved by ESCOSA. (e) We will base your bill for a sewerage retail service on the provisions of any applicable regulatory determination and/or applicable regulatory instruments.

10.4 Estimation as basis for bills

(a) We may issue you with an estimated bill:

(i) based on an estimation of the usage of the relevant retail service by you in accordance with applicable regulatory instruments; or

(ii) where the estimation system to be used has been approved by ESCOSA, based on: (A) your reading of the relevant meters; or (B) your prior usage history at that supply address; or (C) where you do not have a prior usage history at that supply address, the average usage by a comparable customer over the corresponding period.

(b) When we issue you with an estimated bill we will publish a notice in a prominent location on that bill advising that the bill is based on an estimated reading of the meter.

10.5 Adjustments to bills subsequent to an estimated bill

(a) Where we provide you with an estimated bill under clause 10.4 and the meter is subsequently read, we will include an adjustment on the next bill to take account of the actual meter reading.

(b) Where you have denied access to a meter for the purpose of reading that meter and subsequently request us to replace an estimated bill with a bill based on a reading of the meter, we will comply with that request but may charge you any costs we incur in doing so.

10.6 Contents of bills

(a) We may issue a single bill to you containing all outstanding fees and charges owed to us under this contract.

(b) We will prepare a bill so that you can easily verify that the bill conforms to this contract and it will include at least the particulars required by the Code, except in circumstances permitted by ESCOSA.

10.7 Pay-by date

(a) Unless otherwise agreed with you, you must pay the amount shown on each bill by the date for payment (the pay-by date). The pay-by date will be no earlier than 13 business days from the date we send the bill.

(b) If you have not paid a bill by the pay-by date, we will send you a reminder notice. This will give you a further pay-by date which will not be less than six business days after we issue the notice.

(c) We may charge a non-residential customer interest on a late payment, at a rate and on terms and conditions as approved by ESCOSA from time to time.

10.8 Historical billing data

(a) We will provide billing data to you upon request, free of charge, for the previous two years at your supply address where available.

(b) Where you request billing data for a period of more than two years (or if we have already provided it to you), we may impose a charge for providing that data as per our Fees and Charges Schedule.

(c) We will provide billing data to a tenant of your supply address on request from that tenant upon production of appropriate identification

11.1 Hardship Policy

(a) We offer a Hardship Policy to all our residential customers.

(b) Pursuant to the Hardship Policy we will:

(i) have a process to identify if you are experiencing payment difficulties due to financial hardship;

(ii) have a process for early response to customers identified as experiencing payment difficulties due to hardship;

(iii) have processes in place to adequately train hardship staff;

(iv) offer alternative payment options including instalment plans;

(v) offer Centrepay to residential customers;

(vi) have processes in place to identify appropriate government concession programs and financial counselling services where appropriate and advise residential customers;

(vii) provide information on the processes or programs available to customers to improve their water efficiency; and (viii) provide information on the circumstances in which the customer will cease being eligible for the hardship program.

(c) If you are having trouble paying your bills due to financial hardship we request that you advise us as soon as possible and prior to the due date on your outstanding bill. We will then work with you to provide flexible payment arrangements and access to the hardship program where eligible.

(d) The Hardship Policy (as amended from time to time) and further details are available on our website.

11.2 Payment methods

The payment methods we offer will be listed on your bill and are subject to change from time-to-time.

11.3 Charge for dishonoured payments

(a) This clause 11.3 applies where you pay us a bill by cheque, by a direct debit from an account with an authorised deposit taking institution or by credit card.

(b) If a payment referred to in this clause is dishonoured or reversed, which results in us incurring a fee, we may recover the amount of that fee from you.

11.4 Flexible payment plans

(a) We offer flexible payment plans in accordance with this clause if you are a residential customer experiencing payment difficulties and you inform us in writing or by telephone that you are experiencing payment difficulties.

(b) Residential customers experiencing payment difficulties are offered the following flexible payment options:

(i) a system or arrangement under which a residential customer may make payments in advance towards future bills; and

(ii) an interest and fee free payment plan or other arrangement under which the residential customer is given more time to pay a bill or to pay arrears (including any disconnection or reconnection charges as per the Disconnections Policy).

(c) We are not obliged to offer a residential customer a flexible payment plan if the residential customer has, in the previous 12 months, had two such plans cancelled due to non-payment.

(d) In such a case, we will offer another flexible payment plan only if we are reasonably satisfied that the residential customer will comply with that plan.

11.5 Debt recovery

(a) We will not commence proceedings for the recovery of a debt relating to the sale and supply of a retail service by us from a residential customer if:

(i) the residential customer continues to adhere to the terms of a flexible payment plan or other agreed payment arrangement; or

(ii) we have failed to comply with the requirements of: (A) our Hardship Policy in relation to that residential customer; or (B) the contract relating to non-payment of bills, payment plans and assistance to residential customers experiencing payment difficulties; or

(iii) you currently have a flow restriction device installed at the relevant supply address in accordance with clause 15.

(b) The provisions in this contract regarding our rights to recover a debt are in addition to, and do not derogate from:

(i) rights (including the first charge) granted to us by virtue of Part 5 of the South Australian Water Corporation Act 1994 (SA); and

(ii) our right to recover from you all reasonable amounts associated with the recovery of your debt to us under this clause 11.5, including but not limited to any collections agency fees and/or legal fees.

(c) We may reclassify a customer under clause 3.4 in accordance with applicable regulatory instruments for the purposes of debt recovery. Both you and ESCOSA will be notified if we choose to exercise this right.

15.1 Residential customers

If you are a residential customer, we may, subject to compliance with the Code, arrange for the restriction of the supply of your water retail service to you where:

(a) you have not paid a bill or bills within the required timeframes;

(b) you have not agreed to an offer of a flexible payment plan under clause 11.5 or another payment option to pay a bill;

(c) you have not adhered to your obligations to make payments in accordance with the flexible payment plan or another payment option relating to the payment of bills;

(d) you have not complied with the terms of our Hardship Policy referred to in clause 11.1 resulting in you being removed from that hardship program;

(e) you have not allowed entry to a Water Industry Officer appointed under the Act for the purposes consistent with carrying out duties in accordance with applicable regulatory instruments;

(f) you have failed to allow, for three consecutive billing cycles, access to the relevant supply address for the purposes of meter reading;

(g) you have used the water retail service illegally; or

(h) an emergency situation arises. 1\

15.2 Non-residential customers

If you are a non-residential customer, we may, subject to compliance with the Code, arrange for the restriction of the supply of your water retail service at any of your supply addresses at which a water retail service is provided where:

(a) you have not paid a bill or bills within the required timeframes;

(b) you have not allowed entry to a water industry officer appointed under the Act for the purposes consistent with carrying out duties in accordance with applicable regulatory instruments;

(c) you have failed to allow, for three consecutive billing cycles, access to the relevant supply address for the purposes of meter reading;

(d) you have used the water retail service illegally; or (e) an emergency situation arises

15.3 Immediate restrictions by SA Water

Subject to compliance with the Code, we may restrict the supply of a water retail service to a supply address immediately if you:

(a) have refused or failed to accept the offer of a flexible payment plan in accordance with clause 11.4 before the expiry of the five business days period in the restriction warning;

(b) have accepted the offer of a flexible payment plan in accordance with clause 11.4, but have refused or failed to take reasonable actions towards settling the debt before the expiry of the five business days period in the restriction warning; or

(c) have failed to provide access for meter reading purposes following the receipt of a notice under clauses 15.3. 1

18.1 Termination by us

We may terminate this contract with you in accordance with applicable regulatory instruments if:

(a) the supply of the retail service to your supply address has been disconnected in accordance with other provisions of this contract and you no longer have a right to be reconnected in accordance with clause 17;

(b) you are no longer the owner of the supply address and we have entered into a new contract with the new owner; or (c) circumstances beyond our reasonable control mean that the water reticulation network, sewerage reticulation network and/or the dual reticulation recycled water network necessary to provide the retail service to your supply address are no longer available.

18.2 Termination by you

(a) You may terminate this contract with us at any point in accordance with this clause and the Code.

(b) Upon you terminating this contract, you are required to pay us all outstanding fees and charges, and amounts owed under this contract However you retain your rights under clause 12 and 13.

(c) You must provide us with three business days’ notice to terminate this contract. (d) Notice for the purposes of clause 18.2(c) above may be provided by:

(i) personal contact;

(ii) telephone;

(iii) electronic mail; or

(iv) writing to us.

18.3 Availability charge

If we currently bill you for the payment of an availability charge, termination of this contract does not affect your obligation under the Regulations to continue to pay the availability charge.

18.4 Fees and charges for termination

(a) We may charge the following fees where this contract is terminated by you:

(i) a meter reading fee where an unscheduled meter reading is required to finalise your account;

(ii) a disconnection fee where removal or physical disconnection of infrastructure is required to cease the flow of services to or from your supply address to give effect to the termination of a retail service; and

(iii) any other fees or charges recoverable under the Act.

(b) All fees and charges relating to termination will be as outlined in our Fees and Charges Schedule.

18.5 Obligation to pay arrears before transferring ownership of land

(a) If you intend to transfer the ownership of land relating to a supply address governed by this contract, before doing so, you must pay all outstanding fees and charges owing to us before transferring ownership of the said land.

(b) In the event that you fail to comply with clause 18.4, you remain liable to us for the payment of the outstanding fees and charges and we reserve our right to take any action necessary to recover the arrears, including recovering costs associated with enforcing our rights under this clause 18.5.

(c) Until all amounts due to us with respect to the provision of the retail service are paid in full, the first charge granted to us by virtue of Part 5 of the South Australian Water Corporation Act 1994 (SA) will remain on the supply address to which the relevant retail services have been provided.

18.6 Obligation to notify new owner on transfer of ownership

(a) Upon sale of your supply address to a new owner, you should advise the new owner of the existence of this contract and any special characteristics of your retail service. A copy of the notification we provide you under clause 7.4, or upon assessment of your application for connection, should be provided to any prospective purchasers.

(b) You may be liable to the new owner for any repercussions of non-compliance with this clause at common law and under relevant legislation.

In this section

Customer contract

Customer contract

Parties

Application

Description of a retail service

Term

Your general obligations

Connections

Obligations

Interruptions

Fees and charges

Billing

Payment

Billing disputes

Overcharging

Undercharging

Restriction of a retail service

Disconnections

Restoration

Termination of a retail contract

Force Majeure

Special needs customers - Residential customers

Enquiries, complaints and dispute resolution

Information and privacy

General

Understanding your bill