CONDITIONS OF SUPPLY

Water & Sewerage Services – Tatu City Water and Sanitation Company SEZ Limited (TATUWASCo)

A. NATURE OF SERVICE TO CUSTOMERS
1.The Application for Water and Sewerage Connection, when read together with these Conditions of Supply, form the “Agreement”.
2.These Terms & Conditions relate to provision of water installation services by Tatu City Water and Sanitation Company SEZ Limited (“TATUWASCo”) (or a company sub-contracted to provide the installation services) to the Landowner referred to on the Application for Water and Sewerage Connection (“Applicant”). All applications for water and sewerage connections will be attended to on first come first-serve basis.
3.Upon acceptance of the application by TATUWASCo and payment of the requisite connection fee by the Applicant, TATUWASCo will facilitate connection and supply of water, and connection to a sewer line. TATUWASCo will also provide administrative support services, including collection of charges due.

B. BILLING AND PAYMENTS
4.The Customer shall pay the prescribed deposit, through a prescribed form as directed by TATUWASCo which shall include but not limited to cash payment, a bank deposit, bank transfer or a bank guarantee, in line with the type of supply requested, which will be retained by TATUWASCo for as long as this Agreement remains in force, or the Customer continues to use TATUWASCo’s services. The deposit will be refunded upon termination of this Agreement, cessation of use of TATUWASCo services, reconciliation of accounts and settlement of any arrears.
5.Any change to water tariffs shall be notified on the TATUWASCo office notice boards and on the TATUWASCo website at least 2 months before implementation.
6.Where invoice amounts are based on estimates of consumption, the billed amount shall not exceed the estimate by more than 10% provided that TATUWASCo shall be entitled to ascertain at any time the actual consumption for the concerned period based on meter readings or other mechanism agreed with the Applicant, and thereafter to issue an invoice for settlement by the Applicant. Any deficits shall be payable by the Applicant within the period specified in the invoice; any surplus will be credited to the Applicant’s Account and may be utilized to offset future invoices.
7.The charge payable by the Applicant will begin to accrue from the date of water connection and shall be notified at the end of each calendar month and the amount due shall be payable within fourteen (14) days from the date of issuance of the notification. The water charge will be computed based on intake. The sewerage charge will be computed at the rate of 75% of the water intake.
8.The amount due shall be paid by cash or cheque or electronic funds transfer to the account designated by TATUWASCo in writing.
9.For any account that is overdue, the water connection shall be disconnected without further notice and shall only be reconnected upon settlement of the amount due (together with an administrative fee for late payment, if applicable) and requisite reconnection fees. TATUWASCo has developed a Code and Practice of Procedure on Disconnection which is available on TATUWASCo’s website and forms part of this Agreement.
10.TATUWASCo shall have the right to seize the assets of an Applicant who is in default of his payment. Any assets seized shall be disposed of by way of a public auction and the proceeds of the sale shall be utilized to settle the payment due and the cost incurred towards the seizure and the auction. Any excess amount shall be remitted to the Applicant. The Auction shall be carried out in accordance with the Auctioneers Act, CAP 526 as amended from time to time.

11.Where the Applicant is a public entity, TATUWASCo shall have the right to:

  • Request that an escrow account be set up to ensure the public entity will settle their water charges; and
  • Set off where the public entity fails to settle its water charges.

C. INSTALLATIONS AND METERING
12.This contract does not constitute a contract to sell TATUWASCo’s installations to the Applicant or any End User. The TATUWASCo’s water pipes, sewer lines, chambers, valves, fittings, works, metering equipment, apparatus and any and all ancillary equipment installed by or on behalf of TATUWASCo up to the TATUWASCo’s meter shall at all times remain the property of TATUWASCo.
13.The Applicant shall ensure that its installations are ready for interfacing with TATUWASCo’s installations and that such installations conform to industry standards and the Subcontractor’s reasonable specifications, are fit for the intended purpose and will not adversely affect TATUWASCo’s installations nor any associated amenities.
14.The Applicant shall make suitable arrangements for grant of access by TATUWASCo’s respective employees or agents (subject to reasonable security restrictions) for purposes of inspection of the Property, installation, testing, repairs, maintenance, meter reading, monitoring and undertaking such other works as may be required to facilitate implementation of this contract. TATUWASCo shall not be responsible for any water shortage or harm, or loss suffered or incurred by the Applicant if such access is not granted on a timely manner.
15.TATUWASCo has further developed a Code of Practice and Procedure on Leakage Control which is available on TATUWASCo’s website and forms part of this Agreement.
16.The Applicant shall be responsible for all risks or damage arising from water connection from the point at which the water meter is installed to all reticulation facilities of the Applicant’s premises.
17.In the event that TATUWASCo or the Subcontractor (or any of its employees, agents or sub-contractors) causes any damage to the Property while undertaking any works on the Property, TATUWASCo shall ensure that such damage is repaired expeditiously, at the cost of TATUWASCo or the Subcontractor (as appropriate), and to the reasonable satisfaction of the Applicant unless such damage is directly attributable to the Applicant in which case neither TATUWASCo nor the Subcontractor shall be under any obligation to undertake nor bear the cost of repairs.
18.If repairs that ought to be undertaken by TATUWASCo or the Subcontractor are not completed within a reasonable time, the Applicant may, upon issuance of seven (7) days’ prior written notice to TATUWASCo and the Subcontractor, proceed to undertake the necessary repairs and claim reimbursement of the expenses incurred in respect of such repairs and reinstatement provided that expenses shall be reimbursed at cost and upon submission of supporting documents to the Provider and the Subcontractor. Upon receipt of such notice, TATUWASCo may elect to undertake repairs at its own cost, and by itself or through an agent or subcontractor, then seek reimbursement of the costs from the Subcontractor.
19.The equipment and materials provided by TATUWASCo shall remain the property of TATUWASCo. Tampering with or misappropriation of the TATUWASCo equipment is strictly prohibited. Installation of any additional water facilities and connection to the meter or the sewer network without TATUWASCo’s prior written consent is strictly prohibited.
20.TATUWASCo will not be liable for any loss, harm or damage (howsoever arising) suffered or incurred by the Customer, its employees, agents, sub-contractors, occupiers or invitees as a result of use of water on the premises except where such harm, loss or damage is suffered or incurred as a result of proven negligence, breach of contract or wilful default by TATUWASCo or its employees, agents and sub-contractors and without any contributory negligence on the part of the Customer or its employees, agents, sub-contractors, occupiers or invitees.

D. PROCEDURE ON POLLUTION
21.The Applicant will be required to strictly adhere to the Environmental Management and Co-ordination Act, No. 8 of 1999 as amended from time to time, and shall only discharge effluents into existing sewerage systems provided by TATUWASCo at a fee.
22.TATUWASCo has developed a Code of Practice and Procedures on Pollution Control which is designed to assist in the compliance with TATUWASCo’s general duty towards environmental protection. The Code of Practice and Procedures on Pollution Control is available on TATUWASCo’s website and forms part of this Agreement.

E. SEWER DISCHARGE
23.Any sewer connection provided pursuant to this Application shall only be used for discharge of wastewater generated from water supplied by TATUWASCo. The Applicant shall not discharge into the TATUWASCo sewer network any wastewater originating from alternative water sources without the prior written review and approval of TATUWASCo.
24.Any discharge into the TATUWASCo sewer system originating from unauthorized alternative water sources shall constitute a breach of these Terms & Conditions. In such cases, TATUWASCo reserves the right, at its sole discretion, to impose applicable penalties including, but not limited to, back-billing for sewer charges based on estimated or average consumption as determined by TATUWASCo, administrative charges, and any other applicable penalties.
25.Without prejudice to the foregoing, TATUWASCo shall have the right to suspend or disconnect sewer services where it determines that unauthorized discharge from alternative water sources has occurred. Reconnection shall only be effected upon rectification of the breach, payment of all outstanding charges, penalties, and applicable reconnection fees to the satisfaction of TATUWASCo.

F. CUSTOMER COMPLAINTS PROCEDURES
26.TATUWASCo will make every reasonable effort to resolve complaints from Customers and Potential Customers within its Service Area. TATUWASCo has developed a Customer Care & Grievance Handling Policy which is available on TATUWASCo’s website and forms part of this Agreement.

G. MISCELLANEOUS
27.In recognition of the significant investment made by TATUWASCo in the development, operation, and maintenance of water supply infrastructure within the development area, the Applicant acknowledges that TATUWASCo has the exclusive right to provide water and sewerage services within the service area. Accordingly, water supply for the premises shall be obtained through the TATUWASCo water supply network and associated facilities. The Applicant shall not procure, connect to, or receive water supply or sewerage services from any other provider or third party within the service area, nor install, develop, or operate any alternative system intended to provide such services without the prior written approval of TATUWASCo and shall be subject to applicable technical, operational, and regulatory considerations. Any unauthorized connection to or receipt of water or sewerage services from another provider within the service area shall constitute a breach of these Terms and Conditions, and TATUWASCo reserves the right to take such action as may be necessary to remedy the breach and enforce its rights under these Terms and Conditions and applicable law.
28.TATUWASCo will be entitled to disconnect the services without notice in the event of any actual or suspected breach of these Terms & Conditions. If any breach is found to have occurred, the Applicant will be liable to pay applicable penalties and a reconnection fee. TATUWASCo shall not be under an obligation to remedy the breach unless the breach is remedied to TATUWASCo’s reasonable satisfaction and the applicable penalties and / or reconnection fee are paid in full.
29.Except in case of an emergency, TATUWASCo shall endeavour to publish notices of any service interruption. In case of extreme water shortage, unforeseeable disaster or system failure TATUWASCo may ration supply of water. In such events the rationing program shall be published 7 days before the commencement on the TATUWASCo office notice boards and the TATUWASCo website.
30.In the event of a change in ownership of the premises, the new owner shall be required to enter into a new Agreement with TATUWASCo. Prior to execution of the new Agreement, the applicant shall produce his/her latest water bill invoice (if any) relating to the premises together with proof of settlement of that bill, including a receipt / deposit slip.
31.TATUWASCo may from time to time amend the terms and conditions set out herein provided that no amendment shall come into force except with prior notice of at least three (3) months (except in case of an emergency in which case the amendment will be effective immediately or on such date as TATUWASCo may advise).

APPLICANT CHECKLIST
  1. Copy of Certificate of Incorporation of Owner and Contractor
  2. Copy of PIN Certificate of Owner and Contractor
  3. Copy of Tax Compliance Certificate
  4. Application Form (signed)
  5. Demand Schedule (water)
  6. Site Plan (Showing water and sewer connection point)

32.TATUWASCo shall have the right to terminate these Terms & Conditions forthwith by issuance of written notice to that effect in the event of breach of these Terms & Conditions by the Applicant (being the Owner, Contractor, occupier or any third party on the premises) without prejudice to any accrued rights and obligations.
33.These Terms & Conditions will be governed by the laws of Kenya and the Parties submit to the jurisdiction of the courts in Kenya for resolution of any dispute that is not resolved amicably.
TATUWASCo — Reliable water & sanitation services for Tatu City SEZ. For detailed codes and policies, visit our official website.