Indiana Administrative Code
Title 170 - INDIANA UTILITY REGULATORY COMMISSION
Article 6 - WATER UTILITIES
Rule 3 - Central Station Hot Water Heating Utilities
Section 3-28 - Contract form
Authority: IC 8-1-1-3; IC 8-1-2-4
Affected: IC 8-1-2-13
Sec. 28.
(Standard Form of Central Station Hot Water Heating Contract recommended by the Indiana utility regulatory commission.)
Contract for Central Station Hot Water Heating.
THIS AGREEMENT entered into this _____ day of _____ , 19 _____ ,by and between _____ Company, hereafter called "Company" and _____ hereinafter called "Consumer."
Witnesseth: For and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree with each other as follows:
The Company agrees to furnish to the Consumer during the term of this agreement, and the Consumer agrees to take from the Company, subject to the rules and regulations which are a part of the published Rate Schedule of the Company, and which are hereby incorporated in this agreement, hot water heating service in the premises located at _____ .
The Company is to furnish and the Consumer is to take the heating service under the terms of this agreement, for a period of _____ year _____ , beginning the _____ day of _____ , 19 _____ , and continuing thereafter in successive periods of not less than _____ year _____ each, until either party shall give the other not less than thirty (30) days' notice in writing of its or his election to discontinue the service at the expiration of any such specified periods, provided, however, that no cancellation of this agreement shall be effective during any heating season.
The Consumer agrees to pay to the Company for such hot water heating service the sum of _____ ($ _____ ) per year, payable as follows:
October 1st ................................................................ 10% of total specified above
November 1st .............................................................. 15% of total specified above
December 1st .............................................................. 15% of total specified above
January 1st ................................................................ 20% of total specified above
February 1st ............................................................... 20% of total specified above
March 1st ................................................................. 10% of total specified above
April 1st .................................................................. 10% of total specified above
which is at the rate of _____ cents per square foot of direct radiation and an increased rate of 100% for indirect radiation, plus a flat rate charge of _____ dollars per season for _____ gallons capacity of range boiler for domestic supply.
This service for range boilers does not apply to barber shops, public baths, laundries or other customers using large quantities of hot water, nor will such service in any event be rendered except during the regular heating season.
The regular heating season is understood to be from October 1st to April 30th inclusive when the outside temperature is at a point below 60° Fahr., and at such other times after September 14th and before May 21st when the outside temperature is 60° Fahr., or below.
It is further understood and agreed by the parties hereto that no range boiler or other apparatus for the heating of water shall be connected to the system without the written consent of the Company and when so connected shall be paid for at the regular heating rates of the Company.
Consumers connected to and receiving the hot water service after the beginning of the heating season shall be charged one-half of the rate for the expired portion of the heating season and at the full rate for the remainder of the season.
Consumers receiving service as per their request for a period less than the full heating season shall be charged one-half of the regular rate for that portion of the heating season in which service is not taken and at the full rate for the remainder of the season in which service is taken.
The premises to be heated under this contract are described in the accompanying diagram.
IT IS AGREED, That the Consumer shall equip and furnish the above described premises with an interior system of radiation, consisting of radiators, pipes and other apparatus and appliances for hot water heating, extending to the outside of the building to a point designated by the Company, the arrangement and material of said system and the workmanship thereon to be approved by the Company before any obligation on its part is incurred hereunder. All pipes and connections which are now or may hereafter be placed outside of the building on said premises, at the expense of the company, shall be and remain the property of the Company and subject to its exclusive control, and may be removed by it whenever this contract is terminated for any cause.
IT IS AGREED, That the Consumer shall keep the storm sash strips and protections to the doors and windows securely fastened in place and maintained so during the heating season. Failure by said Consumer to comply with this agreement shall work a forfeiture of this contract if the Company so elects.
The Company will at all times exercise reasonable diligence in supplying water in sufficient amount and of such a temperature, as will reasonably heat the premises of the Consumer, with all windows and other openings properly closed and maintained.
IT IS AGREED by the Company that it will furnish hot water in a sufficient quantity to heat said building to a temperature of not less than 70 degrees Fahr. when outside temperature is zero degrees Fahr., provided that sufficient radiation be installed by the Consumer to maintain the desired temperature. Evidence of the adequacy of service shall be that with all radiator valves open and radiators free from sediment the average temperature of the flow and return, measured at the entrance of the service pipe to the building, shall not be less than specified by the rules of the Indiana utility regulatory commission.
IT IS AGREED by the Consumer that he will not in any manner change, divert or use the water circulating through said interior system and through said connections or permit the same to be changed, diverted or used, and will exercise at all times reasonable care for the protection of the Company's property on the premises and will not install any additional radiation in said premises without the written consent of the Company endorsed herein, and that properly identified authorized agents and employees of the Company shall have the right to enter at reasonable hours upon the premises herein described for the purpose of inspecting said interior system and said connections; that the Consumer will at all times keep said interior system and that part of service line owned by him and the building in good repair and condition at his own expense, and the outside openings properly closed so as to exclude the outside air in cold weather during the heating season; and that it is expressly agreed that the Company shall not be liable for any failure of circulation in said interior system nor for damage to person or property arising directly or indirectly from the furnishing of said heat on said premises, or for defects in said interior system. However, all controlling devices and shut-off valves shall be installed at the expense of the consumer and maintained at the expense of the Company.
IT IS AGREED by the Consumer that he will make all reasonable effort to prevent all persons other than the duly authorized representatives of the Company from making use of the shut-off cocks of the heating connections outside or inside of the building; that, when the circulation is once established and the water turned on, such service shall not be discontinued except by an authorized representative of the Company; that the Company may seal all drain valves between the heating system and the sewer; and in case drain valves are interfered with by any person such interference shall constitute a breach of this contract on the part of the Consumer.
It is understood that the water in the pipes and radiators is the property of said Company, and the drawing off of any of this water, for any purpose, shall be considered a violation of this contract and the Company shall have the right to and may collect from said Consumer the full value of the water and heat contained.
The Company reserves the right to refuse to contract for service with any person other than the owner of the building to be heated.
It is hereby agreed and understood that the Company shall not be liable for any damage to person or property caused by the lack of hot water sufficient to heat such premises, provided said lack of hot water be caused by accident, breakage or any other cause beyond the control of the Company, and that said Company shall not be liable for damage caused by leaks in the piping or radiation, caused by bursting pipes or otherwise.
The Company shall at reasonable hours by its inspectors, agents, or workmen properly identified have the right of free access to the premises supplied with heat, to the valves or service pipe from mains, to look after the heating system, to turn the water on or off, to adjust and care for the controlling devices or other portions of the heating system of said premises, and to make any and all such tests as may be necessary or desired by the Company.
The Consumer should notify the Company promptly of any defects in the service or any trouble or accident to the hot water supply.
A deposit satisfactory to the Company will be required from all consumers unable to give the Company a satisfactory reference. The Company will pay interest at the rate of 6% per annum on deposits so made.
It is also agreed that this contract is not assignable nor transferable by the Consumer without the written consent of the Company and that in case of a sale or leasing of said premises by the Consumer during the life of this contract no rights under this contract shall pass to the purchaser of such sale or lease, and in case of such sale or lease the Company or its successors or assigns may at its or their option cancel this contract and shut off the supply of heating service to said premises.
This contract is subject to all rules and regulations of the Indiana utility regulatory commission and of the Company as herein set forth and on file with the Indiana utility regulatory commission, duplicate copies of which are on file in the local office of the company and no promise, agreement, or representation of any agent or employee of the Company shall be valid unless incorporated in this contract.
Unless otherwise stated this contract is for one year only.
_____ Consumer.
Accepted this _____ day of _____ , 19 _______________ Company.
By __________________________________
By __________________________________
