TO BE PLACED ON IRISH WATER LETTERHEAD CONDITIONAL OFFER LETTER [VERSION ] SUBJECT TO CONTRACT. Providing a connection between the:

Transcription

1 PUBLIC CONSULTATION TO BE PLACED ON IRISH WATER LETTERHEAD CONDITIONAL OFFER LETTER [VERSION ] To: [INSERT DEVELOPER NAME] (the Developer ) Our Ref: Self Lay Connection Agreement [ ] [insert ref no] Date: [INSERT DATE] SUBJECT TO CONTRACT Providing a connection between the: [Waterworks / Wastewater Works] 1 (the Network(s) ) AND The development located at [insert address of development 2 ] (the Development, as further described below) Dear Sir/Madam, Following receipt of your application for a connection of your Development to the Network(s) (the Connection Application, Irish Water is pleased to offer you ( You or the Developer ), a Connection between the Network(s) and the Development, subject to and in accordance with the conditions set out in this Conditional Offer Letter (the Connection Offer ), the General Conditions for Self-Lay Connections (the General Conditions, copy attached in Appendix 1) and any Specific Conditions pertaining to this connection (the Specific Conditions, as may be attached in Appendix 2). 1. Connection Agreement We enclose a Letter of Acceptance for your consideration. 1 Delete as appropriate prior to execution. 2 To be inserted prior to execution 1

2 We would encourage You to read the entirety of this Connection Offer and the Connection Agreement. If You are satisfied with these and wish to proceed, please: - arrange for the Letter of Acceptance, duly executed by You, to be returned to Irish Water, PO Box 860, South City Delivery Office, Cork City marked for the attention of [ ]. Alternatively, You can send back a scanned version of the signed Letter of Acceptance to newconnections@water.ie; - arrange for payment of the Connection Charge in accordance with section 3 below; and - provide any Requisite Security referred to in Appendix 8, if required by Irish Water. You and Irish Water acknowledge that there shall be no intention to create any legally binding contract between You and Irish Water unless and until You have completed and returned the Letter of Acceptance Form, provided any Requisite Security, and paid the Connection Charge to Irish Water. If, in the opinion of Irish Water, You have not returned the Letter of Acceptance or provided any Requisite Security or paid the Connection Charge, no legally binding contract shall come into force between You and Irish Water. Once the Letter of Acceptance has been returned, any Requisite Security provided and the Connection Charge paid, the Connection Agreement shall become legally binding on You and Irish Water. The Connection Agreement is comprised of this Conditional Offer Letter (including the appendices hereto), the General Conditions for Self-Lay Connections and the Specific Conditions. In the event and to the extent that any conflict or inconsistency occurs between these documents, the following order of precedence shall apply: i. Special Conditions ii. General Conditions for Self-Lay Connections iii. Conditional Offer Letter. Any decision by Irish Water to enter into a Connection Agreement with You is made in reliance on the information contained in and submitted with the Connection Application. If the information supplied is incorrect, Irish Water reserves the right to apply additional Connection Charges and contract terms or take the steps referred to in the General Conditions. The Connection Agreement shall constitute the entire agreement between You and Irish Water. Words and phrases used in this Conditional Offer Letter, shall have the meaning given to them in the General Conditions. Any reference in this Conditional Offer Letter to an Appendix is to an appendix to this Conditional Offer Letter. 2

3 The relevant local authority referred to in the General Conditions is: [ ] 2. Validity of Connection Offer You have 90 days from the date of this Conditional Offer Letter to return the Letter of Acceptance, provide any Requisite Security and pay the Connection Charge. Thereafter, the Connection Offer shall lapse unless otherwise agreed in writing by Irish Water. 3. Connection Charge Connection Charges shall be determined in accordance with Irish Water s Connection Charging Policy. [The Water Connection Charge is [ ] 3.] [The Wastewater Connection Charge is [ ] 4.] The total Connection Charge is [ ] 5 ( Connection Charge ). Payment of the Connection Charge can be made by: a. Cheque, made payable to Irish Water or b. Money Transfer, by EFT to the following bank account: BANK NAME, BANK ADDRESS, Ireland Account Name BIC IBAN IW AR-EFT xxxxxxxx xxxxxxxxxxxxxxxxxxxxxxx Please note that You must quote the Irish Water reference number specified above in any communications and when making payment (see Our Reference on the first page of this letter). 4. Queries If You have any queries in relation to the payment of the Connection Charge or otherwise, please contact Irish Water Customer Service Department: Telephone: LoCall or Web: newconnections@water.ie 3 Delete if not applicable. 4 Delete if not applicable. 5 Clarify VAT position when specifying charge 3

4 5. Disputes Any dispute in respect of the terms of this Conditional Offer Letter (including in relation to the Connection Charge) may, upon your application, be determined by the Commission for Regulation of Utilities pursuant to Section 8A of the Water Services Act Once a legally binding Connection Agreement is entered into, all disputes in relation to your agreement with Irish Water shall be resolved pursuant to Clause 36 of the General Conditions. 6. Next Steps Accepting the Offer: Once You have accepted the Connection Offer and paid the Connection Charge, You will receive a receipt of payment and Irish Water or its agent will contact You in accordance with the General Conditions. We look forward to hearing from You. Yours sincerely, Connections and Developer Services Manager For and on behalf of Irish Water 4

5 Letter of Acceptance To: Irish Water Connections and Developer Services [INSERT ADDRESS] I/We refer to the Conditional Offer Letter dated. I/We confirm that I/we have read and understood the Conditional Offer Letter and the Appendices attached to the Conditional Offer Letter comprising the following: Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix 8 Appendix 9 Connection Application General Conditions for Self-Lay Connection Specific Conditions Connection Charge Summary Specification Codes of Practice and Standard Details Form of Deed of Easement Security (if required) Quality Assurance Regime Appendix 10 Register of Premises Serviced Note: The documentation contained in Appendix 2, Appendix 6 and Appendix 9 are included in the Memory Stick accompanying the Conditional Offer Letter. By accepting this letter, the Developer acknowledges and agrees that he/she has accessed the said Memory Stick and read and understood the contents thereof and that he/she acknowledges that these documents form part of the Conditional Offer Letter. I/We also confirm that I/we will complete the Register of Premises Serviced (contained in Appendix 10) during the course of the contract. On the basis that the contract formed by acceptance of the Conditional Offer Letter which consists of the documents set out above, I/we accept the Irish Water offer for connection to the Network(s) specified in the Conditional Offer Letter on the terms and conditions set out therein. I/we have read, understood, accept and agree to comply in full with the terms of the Conditional Offer Letter dated [ insert date ], the General Conditions and any Specific Conditions (which together constitute the Connection Agreement). 5

6 I/we further understand and acknowledge that there shall be no intention to create any legally binding contract between me/us and Irish Water unless and until I/we have completed and returned this Letter of Acceptance, provided the Requisite Security and the Connection Charge referred to in the Connection Offer has been paid to Irish Water. I/we have made payment via Electronic Funds Transfer EFT Cheque Developer Name: Developer Address: Developer Reference: Developer Site Address [INSERT NAME] [INSERT ADDRESS] [INSERT REFERENCE] [INSERT SITE ADDRESS] From time to time, Irish Water may wish to contact you in relation to other products or services or promotions which may be of interest to you. If you would like to receive these communications from Irish Water, please select one or more of the options below: SMS Mobile phone Developer s signature: For and on behalf of: Print full name of Developer in BLOCK letters: Date: 6

7 Appendices to Conditional Offer Letter: Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix 8 Appendix 9 Connection Application General Conditions for Self-Lay Connection Specific Conditions Connection Charge Summary Specification Codes of Practice and Standard Details Form of Deed of Easement Security (if required) Quality Assurance Regime Appendix 10 Register of Premises Serviced 7

8 Appendix 1 Connection Application 8

9 Appendix 2 General Conditions for a Self-lay Connection Version [INSERT VERSION and DATE] Included in USB 9

10 Appendix 3 Specific Conditions

11 Appendix 4 Connection Charge Summary 11

12 Appendix 5 Specification 12

13 Appendix 6 Codes of Practice and Standard Details Code of Practice for Water Infrastructure Version [INSERT VERSION NUMBER AND DATE] Code of Practice for Wastewater Infrastructure Version [INSERT VERSION NUMBER/DATE] Standard Details for Water Infrastructure Version [INSERT VERSION NUMBER AND DATE] Standard Details for Wastewater Infrastructure Version [INSERT VERSION NUMBER/DATE] Included in USB 13

14 Appendix 7 Form of Deed of Easement

15 Appendix 8 Security (If required) 15

16 Appendix 9 Quality Assurance Regime Quality Assurance (QA) Design Requirements Manual [INSERT VERSION NUMBER/DATE] Quality Assurance (QA) Field Inspection Requirements Manual [INSERT VERSION NUMBER/DATE] Included in USB 16

17 Appendix 10 Register of Premises Serviced 17