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NOT FOR SALE S.NO……………………

To: Managing Director, REQUIREMENTS

Nakuru Water and Sanitation Services Company Limited, 1.) Copy of Cert. of Registration

P.O. Box 16314-20100, 2.) Copy of PIN Certificate

NAKURU

I (Kiosk Operator’s Name): .…………………………………………………………………………………………………………………………………………..

(FULL NAME IN BLOCK CAPITALS)

Hereby apply to be registered for a supply of water to a KioskSystem connection (for Commercial Use):

Plot No: ……………………………………....…………………………………………………………………………………………………………………………………

Section/Area: ……….……..…………….……………………………………………………………………………………………………………………………………

CBO/INSTITUION………………………………………………………………………………………………………………………………………………………………

Address of the Kiosk Operator

Postal address: ………………………………………………………………..………………………………………………….…………………………………………

E-mail: …………………………………………………………………………………………………………………………………………………………………………..

Mobile no: …………………………………………………………………..Landline:…………………………………………………………………………………..

Employer’s name and tel. no: …………………………………………………………………………………………………………………………………………

I agree to abide by the code of practice for customers and the special conditions set on the back hereof and do hereby confirm that the above information is correct to the best of my knowledge.

ID no ………………………..…..………….….…….Signature: …………………….…….…….…………….Date ………………………..…………..…………

EMPLOYERS CERTIFICATE

I certify that:

Mr./Mrs./Miss: ……………………………………………………………………………………………………………………………………………………………….

Is/are employed by: ………………………………………………………………………………………………………………………………………………………

Signature: …………………………………………….Date: ……………………………………………Stamp: ……………………….………………….………..

FOR OFFICIAL USE ONLY

Account no: ………………….…………………………………

Meter serial no: ………………………………………………

Size of meter: …………………………………………………

Meter reading: .……………………………………………...

Deposit KSh: ……………………….Date: …………………..Receipt (Deposit) no: ………………………………………Date: ……..………………

Date: ……………………………. Signed: …………………………… Date: …………………..…………. Signed: …………..………..…….…….

Approved By: Zone Manager Approved By: Commercial Manager

CONDITIONS OF SUPPLY

  1. The Service Provider code of practice for customers as from time amended shall be deemed to be incorporated in and to form part of these conditions of supply.
  2. Applications for the execution of works, will as a rule, be dealt with in order of priority of date, but the Water Service Provider reserves the right of executing the work in a manner and at the time best suited to his convenience.
  3. All water consumption charges are payable on demand.
  4. If any account is overdue the water supply may be cut off under the provisions of the code of practice for customers and proceeding taken to recover the charges due.
  5. Any changes in the charges shall be notified in the gazette, and in addition details thereof shall be sent to each customer with the monthly account preceding such change.
  6. The Water Service Provider has the right to forthwith and without notice terminate the agreement for any breach by the consumer of the conditions of supply, but without prejudice to any antecedent right against the consumer including the right to take proceedings.
  7. a) No consumer shall use, or permit to be used any water supplied in pursuance of an application made by him under the terms and conditions of this application agreement of the code of practice for consumers except for such use as specified by him/her in his application.

b) No consumer shall sell items Prohibited by the Water Service Provider and if found will be penalized and water disconnected immediately.

  1. The security of the meter is the sole responsibility of the Landlord/Lady & loss of meter attracts a penalty charge of the market value of the water meter.
  2. When disconnected for non-payment the Kiosk Operator will have to double their deposit and pay reconnection fee to be reconnected.
  3. The consumer shall meet all charges in respect of water supplied in pursuance of this application and consumer’s agreement until such a time as the supply is disconnected pursuant to written notice.

Terms and Conditions of Contract

Duration of the contract

The present contract is valid for the duration of one (1) year. If both parties have not expressed any grievances or objections, the contract will be renewed by tacit agreement.

Responsibilities and obligations of NAWASSCO

The Nakuru Water and Sanitation Company Limited:

Shall provide safe, potable water into the distribution system 365*** days a year at levels sufficient to meet the requirements of all clients. Failure to do so will result in the Company providing compensation to the Vendor. The Company and the Vendor will together decide on the amount;

Shall supply water to the Vendor and the Clients at affordable prices. The water tariff will be determined by NAWASSCO in consultation with the WSB and has to be approved by the WSRB. The tariff should allow the Company to achieve its social objective (enable all residents to purchase sufficient quantities of potable water) and its financial objective (the financial sustainability of the water supply system);

Shall carry out, without delay, any necessary maintenance and repair work on the kiosk (door, locks, roof, taps, valves, the meter, window shutter, etc), the meter chamber (if existing ), the valves, the drains, soak-always and the pipes linking the kiosks to the main distribution pipe network. The company is committed to keep the kiosk and the other assets in good technical condition and to replace damaged items or parts as quickly as possible;

Shall inform the Vendor in advance about any works that may affect water quality, water supply or the functioning of the kiosk;

Shall check the reliability of the water meter at regular intervals and in case the Operator or NAWASSCO have strong reasons for doubting the reliability of the meter;

Shall provide the Water Vendor with the necessary training. Training has to comprise the legal, technical, hygienic, organizational and financial aspects of kiosk operation;

Shall assure the necessary support for the Water Vendor when it comes to billing, the collection of revenue and informing the clients about new tariffs and other measures taken by the Company.

Responsibilities and obligations of the Water Vendor

The Water Vendor is committed to:

Keep the kiosk and its surrounding clean;

Clean the kiosk and its surrounding himself/herself;

Make sure that the drains are kept clean and open;

Remove all water or mud pools in the direct surrounding of the kiosk;

Sell water to all persons or institutions who are willing and able to pay for their consumption and who respect the rules of proper conduct;

Respect the opening hours of the kiosk that have been agreed upon;

Sell water only at the tariff, which has been approved by the WSRB;

Pay water bill on time;

Pay all penalties that may arise from overdue payment or other irregularities;

Operate the kiosk himself/herself. The operation of the kiosk can only be entrusted to a third person if the Company has given its full written consent to the effect;

Keep the kiosk and the other assets in good technical condition;

Report, as soon as possible, to NAWASSCO any damage, loss of water quality or interruptions in supply 0800720036 Nawassco’s Toll Free Line;

Inform the Company if he or she has or had to waste significant quantities of water due to poor water quality;

Try to prevent all acts of vandalism or acts resulting in the pollution of the kiosk, its drains and soakaways;

Report acts or attempts of vandalism to the Company;

Deliver a service to his or her clients which will contribute to the good image of NAWASSCO. The vendor should refrain from unilateral actions or speech which might bring the Company’s image to disrepute;

Treat his or her clients with respect and assist them, especially those with special needs i.e. the elderly and the handicapped in any way he or she can;

Inform the clientele about any measures that have been taken by NAWASSCO with regard to tariffs or the operation of the kiosk;

Try preventing conflicts and unrest among clients;

Inform clients and others about the need to keep the kiosk clean and to prevent vandalism;

(If necessary) align clients to their recipients in order to assure that all clients get served on time;

Inform the Company as soon as possible if he or she is unable, for example as result of illness, to fulfil his or her responsibilities and obligations;

Respect the Rules of Water vendors as specified in the annex to the present contract.

In case the Vendor can be held responsible for any acts of wilful damage, theft, vandalism or neglect and the Company has the right to charge the Vendor for all the necessary repair works.

Prolonged absence

In case of prolonged absence due to circumstances such as illness, the decease of a close family member or pregnancy, the vendor may delegate his or her responsibilities and obligations to another person, but only if the Company has agreed upon the delegation of duties and has accepted the person proposed by the Vendor. The Water Vendor, having signed the present contract, remains responsible for the operation of the Kiosk. In case of prolonged illness, the Vendor has to provide NAWASSCO with a Doctor’s statement.

In case of dispute

All disputes or differences should be settled amicably between the contracting parties. If necessary, a dispute or difference between the signatories of the present Contract shall be settled by an arbitrator to be appointed by the two (2) parties.

Termination of the Contract

Both signatories can terminate the present Contract at any time upon written notice of not less than 30 days. If the vendor wishes to terminate the contract he or she has to inform the employee of the Company in charge of the monitoring of the kiosk system. The vendor can only terminate the Contract after having paid his or her last water bill and after having cleared all outstanding debts owed to the Company.

NAWASSCO can terminate the present Contract if:

The Vendor does not respect the duties and responsibilities specified in this contract and the “Rules and Guidelines for Water Vendors” annexed to the present Contract;

The Vendor is unwilling to and/or unable to settle his or her bills with the Company;

The vendor displays immoral or inconsistent behaviour vis-à-vis his or her clients, other residents, or the Company.

Force Majeure

In the event of Force Majeure, unforeseeable events beyond the control of the parties to the contract, which prevent either party from meeting its contractual obligations, the contractual obligations as far as affected by such event shall be suspended for as long as the impossibility of performance due to this situation continues, provided that the other party is notified within one (1) week after the occurrence of the Force Majeure.

Governing Law

The present Contract shall be governed by the Laws of the Government of Kenya.

Entry into Force and Commencement of Services

The Contract enters into force upon the signing by both parties. The Vendor shall commence his or her services within 15 days after the entry into force of the Contract.

NAWASSCOKiosk ApplicationOctober 2013