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

Current through July 10, 2024
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 __________________________________