Fairview Utilities Administration Fee

R3,210.00

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VAT at 15%	R{vatAt}
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GENERAL TERMS AND CONDITIONS OF APPLICATION

1. DEFINITIONS
• “Developer” means Terravida Proprietary Limited, registration number 2008/023645/07, Artisan Developments Proprietary Limited, registration number 2021/771652/07, or Figtree Trust, registration number IT270/2013;
• “Developer’s Engineer” means the Developers registered electrical engineer, whose details can be provided on request
• “Fairview Utilities” means Fairview Development Company Proprietary Limited, registration number 2019/143722/07;
• “FEFA” means the Fairview Estates Farmers Association (RF) NPC, registration number 2019/426014/08 which manages the Estate;
• “Estate” means the Fairview Estates;
• “KMSA” means the KwaDukuza Municipal Supply Authority;
• “Customer” means the registered owner or lawful occupier of a farm and / or unit in the Estate.
• “Parties” means the parties to this Application, and, “Party” means any one of them
• “Farm” means the property which forms part of the Estate which is owned or legally and beneficially occupied by the Customer.
• “NERSA” means National Energy Regulator of South Africa.
• “COOP” means the Fairview Macadamia Agricultural Co-op Ltd

2. GENERAL

• The supply of services is specifically related to the Customer property detailed in the Fairview Utilities Application for Supply and Services

• The Applicant hereby applies for the services to which this application relates and accepts responsibility of all the amounts due for the services and the terms and conditions related to such connections on behalf of the Customer.

• The Customer shall be bound by the provisions of the electricity supply protocol, the irrigation water supply protocol and the domestic water supply protocol, attached as Annexure A, Annexure B and Annexure C respectively.
• Fairview Utilities may at any time amend or replace any of the terms and conditions contained herein, to the extent that it is affected by any relevant legislation which amendment or replacement the Customer agrees to be bound by.
• Failure by Fairview Utilities to immediately enforce any of its rights in terms of this Application, shall not amount to be construed as a waiver of such rights.

3. SERVICES
• In order for any services to be connected, this Fairview Utilities Application Form and all associated annexures need to be completed and signed and all relevant payments made before any connection will be concluded. The terms and conditions of supply and all associated costs are found within this contract and attached annexures. All costs associated with the connections are found within Fairview Utilities Tariffs.
• For the supply of electricity, domestic water and irrigation water to the applicant, smart technology will need to be purchased to allow for remote control & measuring of the meters and valves for the services. The applicant will be responsible for these once off payments to purchase Smart Communication Units & Meters, the costs of which are shown in the Tariff Sheet (“Fairview Utilities Tariffs”).
• All costs associated with a service connection and meter fees are not refundable.

4. BILLING
• Customers will be billed monthly and make payment via EFT or debit order, and via the Macadamia Co-op where required.
• All tariffs are as per the published tariffs of the local council or as otherwise stated by Fairview Utilities. Each Customer is responsible for costs of the yearly tariff increase sheet which is available online and/or upon request. Please refer to the current tariff at Fairview Utilities Tariffs.

5. ARREARS
• It is the Customer’s sole responsibility to ensure that their account does not fall into arrears and the Customer accepts and agrees that any abuse of this process will result in the disconnection of the supply of their electricity, domestic and irrigation water.
• The Customer shall notify Fairview Utilities in writing should they fail to receive accounts in respect of the Services for a period exceeding 30 days.
• The Customer acknowledges that a failure to effect payment of amounts due in respect of the Services may lead to summary discontinuation of the supply of such Services without notice to the Customer.
• If the Customer has an arrear account, they acknowledge and accept that the services supply to the farm will be disconnected until the outstanding account has been settled. Fairview Utilities shall not be liable for any damages the Customer may suffer because of the services supply having been disconnected.
• A defaulting Customer will be issued with a written / email notice by Fairview Utilities before sending any default information to any credit bureau.
• Fairview Utilities reserves the right to charge interest on arrear assessment rate and service charges outstanding. The rate of interest charged by Fairview Utilities is determined to be the prime lending rate, charged from time to time by the South African commercial banking industry, plus 2 percentage points.
• The Applicant hereby consents to the jurisdiction of the Magistrates Court in terms of Section 45 of the Magistrate's Court Act (Act No.32 of 1944) as amended, in respect of any action which Fairview Utilities may institute against them arising out of the Agreement: Provided that Fairview Utilities shall, notwithstanding the above, have the right to proceed with any such action in a competent Court of law
• It is acknowledged that if the debt under this agreement becomes incidental credit and a party wishes to refer the matter to an alternative dispute resolution agent, it must be a person as agreed between parties as per Section 134 of the National Credit Act.
• In the event of Fairview Utilities instituting proceedings against the Customer arising out of the breach of any term or condition of this Application, a failure to make payment for any Services, a breach of the municipal by-laws, or any other related cause, the Customer shall be liable to pay legal costs on an attorney and own client scale, including the costs of any tracing agents.
• Unless otherwise specified, all payments received will be appropriated in the following order: legal costs, interest, arrear charges, current charges and other costs. The Customer hereby authorises Fairview Utilities to apply set off wherever Fairview Utilities may deem it necessary.

6. ILLEGAL CONNECTIONS
• Should any illegal connections to any services (electrical, irrigation water or domestic water) on Fairview Estates be discovered by Fairview Utilities, the guilty party will be liable for a R10,000 (ten thousand Rand) fine, per incident.

7. TERMINATION & ACCOUNT TRANSFER
• The supply of services may not be terminated while the Customer is the owner of the property described above, unless agreed to by Fairview Utilities.
• Termination of your supply of services to your farm will be accepted upon issuing one calendar month's written notice to the Fairview Utilities team.
• Termination of services will only be concluded and accepted once all arrears payments have been settled.
• In the case of a sale and transfer of the property, the Customer shall provide Fairview Utilities with no less than one calendar month's written notice – in the form specified by Fairview Utilities from time to time – of its request for the Services to be transferred. The new Customers’ details and a signed application form by the new Customer along with all payments for services must be provided for the connection to transfer to the new Customer.
• All Connection fees are non-refundable upon termination.

8. THE NATIONAL CREDIT ACT, 2005
• Nothing in this agreement detracts from any rights that a consumer may have in terms of the National Credit Act, in as far as it may be applicable.
• Fairview Utilities may at any time amend or replace any of the terms and conditions contained herein, to the extent that it is affected by any changes to relevant legislation which amendment or replacement the Customer agrees to be bound by. It is acknowledged that if the debt under this agreement becomes incidental credit and a Party wishes to refer the matter to an alternative dispute resolution agent, it must be a person as agreed between parties as per Section 134 of the National Credit Act.

9. CHANGE OF OWNERSHIP - RESALE
• The Applicant agrees that if there is a Change of Ownership to their farm, that Fairview Utilities is contacted, and an application is made to transfer the account to the new owner. The Applicant warrants that all outstanding electrical, water and irrigation charges due must be settled prior to application for a change in ownership of the supply being transferred to the new owner.
• The new owner is required to complete the required applications and to make the required payments before supply will be activated at their farm.
• The Quotas are transferable, but such transfer will incur an administration fee from Fairview Utilities. For sake of clarity, although each Quota is linked to a specific property, the Quota can be transferred to another property.

10. LIABILITY
• The Customer will be responsible for any costs incurred by Fairview Utilities for the repair of any damage to the Domestic Scheme, Irrigation Scheme or Electrical Infrastructure to the extent that such damage was caused by the Customer (or its directors, employees, contractors, servants, agents or invitees) through any act or omission, including, without limitation, damage caused by stock, machinery, vehicles, posts, building processes or a failure of the Customer to properly maintain the electrical infrastructure on his / her farm.
• Fairview Utilities shall under no circumstances be held liable for any loss, consequences, damage, injury, illness or death that may result from the supply of domestic water, irrigation water and electricity to Fairview Estates or any farm thereon.
• Macadamia Co-op members acknowledge and grant the Macadamia Co-op permission to act on their behalf in terms of irrigation water supply to their farms and the irrigation of their crops. Fairview Utilities acknowledges that any instruction received from the Macadamia Co-op is taken as an instruction from a ‘Customer’. Fairview Utilities will not be held liable for any incorrect instructions received resulting in loss or damage.

11. MISCELLANEOUS
• It is specifically recorded that Fairview Utilities may amend the conditions of use unilaterally and publish such conditions to the Customers whereupon such conditions shall become binding on the parties 30 days after their publication.

12. FUTURE SUBDIVISIONS
• Should a Customer wish to subdivide their farm, then this needs to be managed in accordance with the rules and regulations outlined by FEFA.
• Once approval for subdivision has been granted, then the Customer may engage Fairview Utilities to begin the process of applying for services for the new subdivisions/s.
• The terms, conditions and costs relating to services supply for subdivisions can be found within the document titled ‘Application for Services for Subdivision’. This document will be issued to Customers by Fairview Utilities upon request.
• An overview & estimate of costs associated with the services supply with subdivisions can be found at ‘Fairview Utilities Tariffs’.

13. CUSTOMER ACCESS TO INFORMATION
• The Customer shall have access to an online account portal which will provide them with their account profile for the purpose of monitoring energy consumption, energy consumption history & patterns, real time energy usage profile, making account payments and other specific reports available.
• Please go to www.fairviewutilities.co.za/map to see a map outlining the layout of the electrical, water and irrigation infrastructure.

Annexure A

ELECTRICITY SUPPLY PROTOCOL

OVERVIEW

Fairview Utilities is the owner and administrator of the supply of electricity to farms on the Estate via a bulk metered 11000-volt supply. This medium voltage electrical system consists of an Auto Recloser, Bulk Meter, Pole Mount Transformers, MV Pole Structures, LV Cables, LV Kiosks, LV CDU’s & an agreement with KMSA to supply electricity to Fairview Estates.

Any Customer in the Estate may apply for an electrical connection with Fairview Utilities, the rights to approve this connection remain reserved and at the sole discretion of Fairview Utilities. As you will see below, connections to the electrical system can be made in the form of a single phase or three phase connection.

A price list reflecting all current pricing (See Fairview Utilities Tariffs)

1. INTRODUCTION
• Fairview Utilities has contracted with the KMSA for a bulk metered 11000-volt electricity supply connection that has been established at the boundary to the Estate.
• All electricity supply infrastructure beyond this bulk supply, up until the metering kiosks, which provide the individual plots their unique connection point, is and will remain the property of Fairview Utilities who shall be solely responsible for the administration, maintenance, repairs to and management thereof.
• All maintenance, repair, rehabilitation, testing and examining will be conducted under Fairview Utilities responsibility on lines and infrastructure up to the farm boundary where the Customer electrical connection joins to the electrical scheme.
• Fairview Utilities shall be solely responsible for the provision, installation and commissioning of all necessary equipment required for the electrical scheme.

2. GENERAL
• The Customer wishes to be supplied electricity, which Fairview Utilities have agreed to supply to the Customer on the terms and conditions set out below and subject to the availability of electricity at the time.
• Fairview Utilities shall be responsible for the provision, installation and commissioning of all necessary metering equipment and control gear comprising the electricity supply service connection to each metering kiosk as well as the monthly reading of all submetering equipment and the rendering of monthly accounts to all members.
• All applicable tariffs within the Estate are prescribed by the KMSA’s scale of tariffs (available on their website) and will be adjusted according to the National Energy Regulator of South Africa (NERSA) approved tariffs.
• It is also strongly encouraged that the calculated energy requirements for each farm within the Estate be achieved via the implementation of alternative energy methods including, but not limited to, Solar/PV systems, Heat Pumps, Inverter Air conditioners, LP gas cooking and water heating and Solar water heating.

3. APPLICATION FOR ELECTRICITY SUPPLY
   • Utilities Activation Fee - This Utilities Activation Fee will be charged once only per site. This means that only one charge will be made across the activation of all services - Domestic Water, Irrigation Water & Electrical Connection.
   • Demand Based Contribution - This is as per KDM residential tariffs.
   • Electrical Meter Installation - For the installation of smart meters.
• A Customer shall make an application to Fairview Utilities for the connection of electricity supply to the dwelling. This application shall be made via this Fairview Utilities Application for Supply and Services. The terms and conditions of supply as prescribed thereon shall form a binding contract between Fairview Utilities and the Customer.
• The application shall include the electricity supply service connection fee payable by the Customer to Fairview Utilities upon application and is non-refundable. Please refer to Fairview Utilities Tariffs.
• For Single residential sites the costs comprise of the following:
• This amount shall be paid to Fairview Utilities prior to the electrical contractor appointed by the Customer being permitted to connect to the electrical network. This charge shall be reviewed from time to time in accordance with the Tariff of Charge published by KMSA & NERSA.
• All meter installation prices are subject to increases from time to time and will be re-quoted at the time of installation. Fairview Utilities Tariffs is a guideline
• In the case of any rental of a property taking place the electricity account shall be registered in the name of the Customer and not the tenant with the Customer remaining liable for the payment of all costs/charges as may be raised by the tenant.

4. SUPPLY OF ELECTRICITY
• Electricity is provided via a bulk metered 11000-volt electricity supply connection.
• As set out in the Application Form to which this Electricity Protocol is attached, each Customer is entitled to apply for and choose from 3 electricity types, being:
  • Single Phase - 230 Volt - 60 Ampere service supply connection.
  • Three Phase - 400 Volt - 60 Ampere. Three Phase connections will be permitted by special consent.
  • Three Phase - 400 Volt - 80 Ampere. Three Phase connections will be permitted by special consent.
• The Electrical system will be managed according to the original plans established by the appointed Electrical Engineer to ensure that all allocations can be supplied.
• Fairview Utilities cannot be held liable for non-supply of electricity in instances where loadshedding, power outages or grid failure outside Fairview Estate cause the electricity supply to cease or to have inadequate supply.
• Rights to the interruption of supply are determined by Fairview Utilities as:
1. the intention of the scheme is that no breakages of infrastructure within Fairview Estates will cause more than a 72 hr delay in service;
2. any interruption of supply will be duly communicated to all affected by email or WhatsApp, duly noting timelines for the downtime.

5. ELECTRICAL CONNECTION
• The supply of electricity will be provided to the metering kiosks strategically positioned within the services servitude adjacent to the erven throughout the Estate.
• It is at these kiosks that Fairview Utilities’ responsibility for electricity supply shall cease.
• The electricity supply service cable (which shall conform to the Fairview Utilities specification) connecting the main distribution board located within each dwelling to the designated supply connection kiosk for each farm shall be supplied, installed and connected by an electrical contractor appointed by the Customer and at the Customers expense. A COC certificate must be provided by the Customer’s Electrical Engineer and submitted to FEFA and Fairview Utilities before electricity will be supplied to the Customer?
• One and a half meters (1.5 metres) of cable shall be left out of the ground adjacent to the kiosk by the Customer’s appointed electrician to allow sufficient length for the Fairview Utilities appointed electrician to connect the cable to the relevant kiosk.
• Within the kiosk, the Fairview Utilities appointed electrician will make the electrical connection via a Smart Meter and circuit breaker.
• Should a Three Phase connection be required by the Customer, then the onus will be on the Customer to cover the costs of any upgrades required to the kiosk to accommodate this connection.

6. METERING EQUIPMENT
• The electricity energy metering equipment is to be supplied, installed and commissioned by a service provider contracted with Fairview Utilities who shall incorporate “Smart Metering” technology capable of being read remotely for monthly account purposes.
• SABS approved meters are provided as part of the connection and will calculate volumes of electricity supply consumed. The metering equipment complies with the system accuracy requirements laid down in NRS 057 (the National Standard Code of practice for electricity metering). This account is regarded as prima facie evidence of electrical use and should there be a query on accuracy, the onus will be on the Customer to prove that the meter was incorrect, and that the Customer didn't use the amount of electricity as charged for.
• The Customer is liable for the cost of installing the electrical meter and the Customer shall be liable for any damage caused to the meter due to negligence on their part as per Clause 10 of the Agreement
• Fairview Utilities shall be the owners of the meter and will be responsible for the servicing and repair of the meter. Should the meter require replacement due to general ‘wear and tear’ or unexpected damage, then Fairview Utilities will be responsible to cover the cost of these replacements.

7. METERING AND BILLING
• The KMSA shall, monthly, render a single electricity account for the metered 11000-volt bulk supply connection to Fairview Utilities who shall be liable for payment thereof in full.
• The Fairview Utilities appointed service provider shall be responsible for remotely reading all utility meters on a monthly basis and forwarding billing data to the Customer based on usage as per meter readings.
• Charges are as per the pricing found at Fairview Utilities Tariffs.

8. SELLING SOLAR GENERATED ELECTRICITY BACK TO FAIRVIEW UTILITIES
• Should a Customer wish to sell solar generated electricity back onto the Fairview Utilities electrical grid, then the terms, conditions and costs relating to this service will be found online at the following link, once the service is formally activated. www.fairviewutilities.co.za/minigrid
• It is specifically recorded that Fairview Utilities may amend the conditions of ‘Selling Solar Generated Electricity’ unilaterally and the rights to approve this service remain reserved and at the sole discretion of Fairview Utilities

9. ELECTRICAL INFRASTRUCTURE MAINTENANCE - FAIRVIEW UTILITIES
• It is legislated that for any electrical installation having an operating Voltage higher than 1000 Volts, the user shall appoint a full-time competent person as defined in the Act, to take charge of the network and all associated electrical apparatus.
• In so doing the competent person appointed is to ensure the entire electrical distribution system and all associated apparatus comprising part thereof is at all times properly maintained and kept in a state of compliance in terms of safety.

10. MUNICIPAL REGISTRATION – CUSTOMERS’ ELECTRICIAN
• No electrical contractor is permitted to work within the KMSA or Fairview Utilities supply authority including the Estate without being registered with KMSA.
• The electrical contractor appointed by the Customer shall show proof of registration with the KMSA to perform electrical installation wiring work within the supply authority area of electricity supply jurisdiction, by providing a copy of the commencement with wiring work notice, endorsed by the supply authority date stamp to FEFA and Fairview Utilities prior to the electrical contractor commencing with the electrical installation wiring work.

Annexure B

IRRIGATION WATER SUPPLY PROTOCOL

OVERVIEW

Fairview Utilities is the owner and administrator of the supply of irrigation water, via a water scheme, to farms on the Estate. This scheme consists of reservoirs, pump houses, fertigation systems, distribution pipes & Water Use License Agreement parameters.

Any Owner in the Estate who has access to irrigation services will need to apply for a Quota from Fairview Utilities, the rights to approve these Quota’s remain reserved and at the sole discretion of Fairview Utilities. As you will see below, the parameter for a Quota is set at 60.2kl of irrigation per month. This amount above is the estimated requirements to provide sufficient irrigation for a 1-hectare area of planted macadamia trees with a low flow drip irrigation and is subsequently the unit of measure used in the WULA licence and all other Fairview Irrigation metrics. A price list reflecting all current pricing can be found at Fairview Utilities Tariffs).

1. INTRODUCTION
• The Customer wishes to be supplied irrigation water by Fairview Utilities, which Fairview Utilities have agreed to supply to the Customer on the terms and conditions set out below and subject to the availability of water at the time.
• Fairview Utilities shall be responsible for the provision, installation and commissioning of all necessary equipment required for the irrigation scheme.
• Fairview Utilities shall remain the owner of the irrigation scheme.
• Fairview Utilities are the owners of the irrigation water scheme and are responsible for implementing the water system from source to site. All underlying water rights on dams, reservoirs, pipes, pumps, valves and meters are provided and owned by Fairview Utilities.
• All maintenance, repair, rehabilitation, testing and examining will be conducted under Fairview Utilities responsibility on lines and infrastructure up to the farm boundary where your irrigation connection joins to the water scheme.

2. GENERAL
• Fairview Utilities is establishing dams and reservoirs to supply irrigation water to Fairview Estates.
• All irrigation water supply infrastructure installed within or beyond these dams and boreholes, up until the irrigation water meters, which provide the individual plots their unique connection point, will remain the property of Fairview Utilities who shall be solely responsible for the administration, maintenance, repairs to and full-time management thereof.
• Fairview Utilities shall be responsible for the provision, installation and commissioning of all necessary metering equipment and control gear comprising the irrigation supply service connection to each site as well as the monthly reading of all submetering equipment and the rendering of monthly accounts to all members.
• All applicable tariffs within the Estate will align with the irrigation charges as per the pricing schedule referred to in this document. The irrigation charges are as per the pricing schedule referred to in Fairview Utilities Tariffs. Base price adjustments will be determined by Fairview Utilities as and when required.

2. APPLICATION FOR IRRIGATION WATER SUPPLY
   • Utilities Activation Fee - This Utilities Activation Fee will be charged once only per site. This means that only one charge will be made across the activation of all services - Domestic Water, Irrigation Water & Electrical Connection.
   • Smart Meter Installation - A Utilities Radio Device for managing the irrigation valve and meter remotely.
   • Irrigation Water Meter Installation – For the installation of meters & valves.
   • Irrigation Water Quota Fee - An irrigation quota is the allocation reserved by contract of 60.2KL per month at a discounted rate with a priority over non quota usage.
• The Customer shall make an application to Fairview Utilities for the connection of irrigation water supply to the dwelling. This application shall be made via this Fairview Utilities Application for Supply and Services. The terms and conditions of supply as prescribed thereon shall form a binding contract between Fairview Utilities and the Customer.
• The application shall include the irrigation supply service connection fee payable by the Customer to Fairview Utilities upon application and is non-refundable. Please refer to Fairview Utilities Tariffs.
• For an irrigation connection the costs comprise of the following:
• This amount shall be paid to Fairview Utilities prior to the irrigation water connection being installed to connect to the irrigation water network. This charge shall be reviewed from time to time in accordance with the Tariff of Charge published by Fairview Utilities.
• All meter installation prices are subject to increases and will be re-quoted at the time of installation. The Tariff Sheet – Fairview Utilities Tariffs is a guideline.
• In the case of any rental of a property taking place the irrigation water account shall be registered in the name of the Customer and not the tenant with the Customer remaining liable for the payment of all costs/charges as may be raised by the tenant.

4. TYPES OF IRRIGATION WATER SUPPLY (QUOTA)
• As set out in the Application Form to which this Irrigation Water Protocol is attached, each Customer is entitled to choose and apply for 2 irrigation types, being:
• Macadamia Co-op Irrigation – exclusively for use for members of the Co-Op and utilised for macadamia farming and includes use of the fertigation system;
• Landscape Irrigation: for gardening and other use.
• An irrigation quota is the base allocation of 60.2 kilolitres per month (per hectare of land owned) of irrigation water that will be available (“Quota”). Each property that joins the irrigation scheme must purchase the amount of quota based on their hectarage. (e.g. for 1 hectare, it's 1 quota; for 2 hectares, 2 quotas etc)

5. IRRIGATION WATER CONNECTION DELIVERY
• It is Fairview Utilities responsibility to deliver to the boundary of your property, where after:
• Due to irrigation water being delivered via a schedule, it is the responsibility of the Customer to provide water storage sufficient to accept their scheduled quota and further to ensure that should the storage be full, an automatic valve prevents water from overflowing and being wasted (which would in any event be at the Customer’s cost). Macadamia Co-Op irrigation where applicable will be delivered via a separate valve to ensure that it goes directly infield and bypasses the general irrigation storage tank.
• Fairview Utilities shall manage the irrigation timing & scheduling to your farm, pro rata on a weekly cycle. The Macadamia Co-Op will be given complete control of scheduling within their allotted timing. All other irrigation supply will be scheduled thereafter. This will be based on an automated system from the main pump houses and is allocated in scheduled time slots.
• The supply point of the irrigation connection can be identified as a pipe just above
  the surface of the ground and adjacent to the newly installed meter. This pipe is
  where the Customer can make a connection to the irrigation supply system.
• It is the applicant's responsibility to provide the connection from the boundary of the farm to the required irrigation system.
• Fairview Utilities shall not be held liable for any malfunction or defects in equipment located on the Customer's side of the meter, which is provided at the boundary

6. METERING & IRRIGATION WATER MANAGEMENT - EQUIPMENT
• The irrigation water metering equipment can only be supplied, installed and commissioned by a service provider contracted with Fairview Utilities. The meter will be connected to a “Smart Metering & Management” device (Communication Radio) capable of reading the meter remotely for monthly account purposes and to control valves to aid with remote irrigation management and scheduling. All meters will be installed at the Customer’s expense.
• All meters provided are SABS approved meters as part of the connection and will calculate volumes of irrigation water consumed. The metering equipment complies with the system accuracy requirements laid down in SANS 1529-1 & SANS 1529-9. This account is regarded as prima facie evidence of irrigation water supply use and should there be a query on accuracy, the onus will be on the Customer to prove that the meter was incorrect, and that the Customer didn't use the amount of irrigation water as charged for.
• The Customer is liable for any damage caused to the meter due to negligence on their part, as per clause 10 of the Agreement
• Fairview Utilities shall be the owners of the irrigation water meter and radio device and will be responsible for the servicing and repair of the metering equipment. Should the metering equipment require replacement due to general ‘wear and tear’ or unexpected damage, then Fairview Utilities will be responsible to cover the cost of these replacements.

7. METERING & BILLING
• The Fairview Utilities appointed service provider shall be responsible for remotely reading all utility meters on a monthly basis and forwarding billing data to the Customer based on usage as per meter readings.
• Charges are as per the pricing schedule found in Fairview Utilities Tariffs.
• Base price adjustments can be determined by Fairview Utilities as and when required and will be communicated with 90 days’ notice to the Customer via email.
• Macadamia Co-op Members are charged a minimum monthly Usage Fee every month as per the Tariff Sheet in Fairview Utilities Tariffs. An annual reconciliation will be conducted to establish overuse or underuse. In the case of underuse, the monthly minimum charge will stand. In the case of overuse, the additional usage over 60.2KL per month will be charged according to the rates outlined in the Tariff Sheet in Fairview Utilities Tariffs.

8. WATER LOSS
• The installed water meter provides the dividing line of responsibility in the event of water loss and the costs incurred thereof.
• Fairview Utilities is responsible for the cost of repairs and water usage if water is lost on their side of the meter. If a Customer is found to be responsible for the water loss on Fairview Utilities' side, they will be held liable for all costs.
• If water is lost on the Customer’s side of the meter, then the Customer will be responsible for covering the cost of the repairs required to stop the loss and will be responsible for the cost of the water usage.

9. BOREHOLES
• Fairview Utilities has been issued a Water Use Licence Agreement (WULA) and within this licence lies the parameters for water usage at Fairview Estates. The WULA very clearly lists the boreholes that have been registered within the WULA and any further establishment of boreholes would compromise the legitimacy of the current WULA. As such, no further boreholes may be established on Fairview Estates by a Customer.
• In the best interest of water security, Fairview Utilities will be the only entity permitted to prospect, drill and fit a borehole within Fairview Estates. This process must be done in accordance with the current WULA.
• Should you have an existing borehole and wish to apply for access to domestic water from Fairview Utilities, your borehole must be made available to Fairview Utilities should it be required. Furthermore, should Fairview Utilities not require access to your existing borehole, it may only be used by yourself with consent by Fairview Utilities and in a manner approved by Fairview Utilities ensuring compliance with the WULA.

10. SURFACE WATER USAGE / EXTRACTION
• The WULA further outlines the parameters for the usage and protection of streams, rivers, dams, water catchments, wetlands etc. and has entrusted and licensed Fairview Utilities to ensure that these parameters are adhered to.
• Customers are not permitted to extract water from any water source on Fairview Estates without the written formal consent from Fairview Utilities to do so.
• In the best interest of upholding the terms of the WULA, no Customer will be permitted to extract water from any streams, rivers, dams, water catchments, wetlands etc.
• Should a Customer wish to build a pool, dam, pond, reservoir or anything of this nature, then this needs to be done in accordance with all building regulations established by FEFA and the WULA that is governed by Fairview Utilities as well as according to all environmental regulations. 
  The scheme will be managed according to the hydrological studies and the Water Use License Agreement (WULA) - that has been issued by the Department of Water & Sanitation.

11. GENERAL TERMS
• Fairview Utilities cannot be held liable for any loss or damage due to non-supply of irrigation water in instances where drought, water shortages or power outages cause the water supply to cease or have insufficient supply.
• The irrigation dams have been designed as a surface water storage reservoir. However, there is no guarantee that they will be able to provide all the water needs in times of a moderate or severe drought. Should the supply be constrained, the water supply would be managed in consultation with all quota owners.
• Rights to the interruption of supply are determined by Fairview Utilities as:
  • the intention of the scheme is that no breakages of infrastructure will cause more than a 72 hr delay in service;
  • any interruption of supply will be duly communicated to all affected by email or WhatsApp, duly noting timelines for the downtime.
• All irrigation water is provided from a dam / groundwater supply and is not intended for human or animal consumption as pipelines may contain traces of fertilizer / nutrients used in the fertigation system. Fairview Utilities shall under no circumstances be liable for any consequences or injury, illness or death that may result from the consumption of irrigation water by animals or humans. It is the Customer’s responsibility to take the necessary precautions to ensure that irrigation water is not consumed by animals or humans having access to their property.

Annexure C

DOMESTIC WATER SUPPLY PROTOCOL

OVERVIEW

Fairview Utilities is the licensed service provider of the supply of domestic water to farms on the Estate. This scheme consists of reservoirs, boreholes, distribution pipes & Water Use License Agreement (WULA) parameters.

Any Owner of any current subdivision as of April 2023, in the Estate may apply for a domestic water connection with Fairview Utilities. The rights to approve further connections remain reserved and at the sole discretion of Fairview Utilities.

A price list reflecting all current pricing can be found here: Fairview Utilities Tariffs

1. INTRODUCTION
• The Customer wishes to be supplied domestic water by Fairview Utilities, which Fairview Utilities have agreed to supply to the Customer on the terms and conditions set out below and subject to the availability of water at the time.
• Fairview Utilities shall be responsible for the provision, installation and commissioning of all necessary equipment required to supply domestic water to the domestic scheme.
• All maintenance, repair, rehabilitation, testing and examining will be conducted under Fairview Utilities responsibility on lines and infrastructure up to the farm boundary where the Customer’s domestic water connection joins to the water scheme.

2. GENERAL
• All domestic water supply infrastructure installed within or beyond these boreholes, up until the domestic water meters, which provide the individual plots their unique connection point, will remain the responsibility of Fairview Utilities who shall be solely responsible for the administration, maintenance, repairs to and full-time management thereof for the duration of the service agreement with FEFA.
• Fairview Utilities shall be responsible for the provision, installation and commissioning of all necessary metering equipment and control gear comprising the domestic supply service connection to each site as well as the monthly reading of all submetering equipment and the rendering of monthly accounts to all Customers.
• All applicable tariffs within the Estate will align with SIZA WATER’S scale of tariffs (available on their website and as per Fairview Utilities Tariffs) and will be adjusted in accordance with any price increases instituted by SIZA WATER from time to time.

3. APPLICATION FOR DOMESTIC WATER SUPPLY
• A Customer shall make an application to Fairview Utilities for the connection of domestic water supply to the dwelling. This application shall be made via this Fairview Utilities ‘Application for Supply & Services Form’. The terms and conditions of supply as prescribed thereon shall form a binding contract between Fairview Utilities and the Customer.
• The application shall include the domestic supply service connection fee payable by the Customer to Fairview Utilities upon application and is non-refundable. Please refer to Fairview Utilities Tariffs.
• For a domestic water connection, the costs comprise of the following:
  • Utilities Activation Fee - This Utilities Activation Fee will be charged once only per site. This means that only one charge will be made across the activation of all services - Domestic Water, Irrigation Water & Electrical Connection.
    services - Domestic Water, Irrigation Water & Electrical Connection.
  • Smart Meter Installation - A Utilities Radio Device for managing the irrigation valve and meter remotely.
  • Domestic Water Smart Meter Installation – Including installation of meters & valves.
• This amount shall be paid to Fairview Utilities prior to the domestic water connection being permitted to connect to the domestic water network.
• All meter installation prices are subject to adjustment and will be confirmed at the time of installation. The Tariff Sheet – Fairview Utilities Tariffs is a guideline.
• In the case of any rental of a property taking place the domestic water account shall be registered in the name of the Customer and not the tenant with the Customer remaining liable for the payment of all costs/charges as may be raised by the tenant.

4. SUPPLY OF DOMESTIC WATER
• A base allocation of 1750 litres per connection/meter per day of domestic water will be provided as part of the domestic scheme.
• Supply of domestic water will be provided to the boundary of the farm on a scheduled system determined by the supply management. Supply is not ‘on demand’ and will be on a top-up based system. Supply intervals are designed to not exceed 24 hours.
• The scheme will be managed according to the hydrological studies and the Water Use License Agreement (WULA) - which has been issued by the Department of Water & Sanitation.
• Fairview Utilities cannot be held liable for any loss or damage due to non-supply of domestic water in instances where drought, water shortages or power outages cause the water supply to cease or have insufficient supply.
• Although the supply of water in the system should exceed allocated supply parameters in times where there is a shortage (i.e. a moderate drought), should there be a need for a reduction in usage, then Fairview Utilities will timeously circulate these restrictions to all Customers.
• Rights to the interruption of supply are determined by Fairview Utilities as:
  • the intention of the scheme is that no breakages of infrastructure will cause more than a 72hr delay in service;
  • any interruption of supply will be duly communicated to all affected by email or WhatsApp, duly noting timelines for the downtime.
• All domestic water is provided from a borehole / groundwater supply and is then passed through a filtration and purification process and stored in a reservoir, all in accordance with South African National Standard (SANS) 241 Drinking Water Specification.
• Domestic water supply samples will be taken at the reservoir on a monthly basis and sent to an accredited laboratory to facilitate the testing. It is the Customers responsibility to test the supply at their boundary and in their own storage should they wish to do so.
• Fairview Utilities shall under no circumstances be liable for any consequences or injury, illness or death that may result from the consumption of domestic water by animals or humans.
• Fairview Utilities recommends that all Customers install a filtration and purification system at their homes to further improve the taste and aesthetic of the water should they wish to do so.
• It is required that every Customer installs and is responsible for a chlorine disinfection unit to treat the domestic water at the point that the domestic water supply enters the Customer water storage tanks on the Customer’s portion.
• If the above chlorine disinfection unit is not installed and maintained by the Customer, the Customer agrees that Fairview Utilities cannot be held liable for any bacterial quality deterioration between the central reservoir and the Customer storage tanks.

5. DOMESTIC WATER CONNECTION
• The supply of domestic water will be provided to the boundary of your farm.
• Connection will be provided with a meter, pressure reducer and shut off valve system for each supply.
• The termination point of the domestic connection can be identified as a piece of pipe just above the surface of the ground and adjacent to the newly installed meter. This pipe is where the Customer can make a connection to the domestic supply system.
• It is the applicant's responsibility to provide the connection from the boundary of the farm to the required domestic supplypoint on their boundary.
• For domestic supply, the Customer is required to install, at their expense, water storage tanks as per the FEFA requirements. Fairview Utilities will provide domestic water to your farm on a scheduled “Top Up” supply basis - supply is not ‘on demand’. Placement and installation of these storage tanks need to be pre-approved by FEFA and must meet their required guidelines. No connection will be made to the farm until such time as FEFA’s approval has been obtained and provided to Fairview Utilities.

6. METERING & DOMESTIC WATER MANAGEMENT - EQUIPMENT
• The domestic water metering equipment is only to be supplied, installed and commissioned by a service provider contracted with Fairview Utilities. The meter will be connected to a “Smart Metering & Management” device (communication Radio) capable of reading the meter remotely for monthly account purposes and to control valves to aid with remote management and scheduling. All meters will be installed at the Customer’s expense. All meters, data communication devices and valves will be installed at the boundary of the farm.
• SABS approved meters are provided as part of the connection and will calculate volumes of domestic water consumed. This account is regarded as prima facie evidence of domestic water use and should there be a query on accuracy, the onus will be on the Customer to prove that the meter was incorrect, and that the Customer didn't use the amount of domestic water as charged for.
• The Customer is liable for the cost of installing the domestic water meter & radio device and the Customer shall be liable for any damag

7. METERING & BILLING
• The Fairview Utilities appointed service provider shall be responsible for remotely reading all utility meters on a monthly basis and forwarding billing data to the Customer based on usage as per meter readings.

8. WATER LOSS
• The installed water meter provides the dividing line of responsibility in the event of water loss and the costs incurred thereof.
• Fairview Utilities is responsible for the cost of repairs and water usage if water is lost on their side of the meter. If a Customer is found to be responsible for the water loss on Fairview Utilities' side, they will be held liable for all costs..
• The Customer is responsible for both the cost of repairs required to stop water loss on their side of the meter and the cost of the water usage.

9. BOREHOLES
• Fairview Utilities has been issued a Water Use Licence Agreement (WULA) and within this licence lie the parameters for water usage at Fairview Estates. The WULA very clearly lists the boreholes that have been registered within the WULA and any further establishment of boreholes would compromise the legitimacy of the current WULA. As such, no further boreholes may be established on Fairview Estates by a Customer.
• In the best interest of water security, Fairview Utilities will be the only entity permitted to prospect, drill and fit a borehole within Fairview Estates. This process must be done in accordance with the current WULA and any laws governing the establishment of boreholes in South Africa.
• Should a registered and legitimate borehole already be established on a Customer’s farm, then the terms and conditions of Borehole use will be outlined in the ‘Borehole Use Agreement’. This document will be issued to a Customer by Fairview Utilities upon request.

APPLICATION FOR SUPPLY OF UTILITIES AND SERVICES

The customer described in the information schedule set out below (the “Customer”) hereby applies to Fairview Development Company (“Fairview Utilities”) for the supply of electricity, domestic and irrigation water (the “Services”) upon the terms and conditions contained in this application form (“Application”), and the Customer hereby irrevocably and unconditionally agrees to be bound by the terms and conditions contained in this Application (together with its annexures).

do hereby make application, as the Customer, or as a duly authorised representative of the Customer, to Fairview Utilities, on the terms and conditions contained in this Application, and, by my signature hereto does hereby confirm and warrant, in favour of Fairview Utilities, that:

1. I have read and understood the content of this Application.
2. I am duly authorised on behalf of the Customer to sign this Application.
3. The information contained in this Application is true, accurate and complete.
4. All of the Supporting Documents are true copies of the originals thereof.
5. I have read the Tariff Sheet (“Fairview Utilities Tariffs”), and understand the costs related with my above service selections made on the Fairview Utilities Application for Supply and Services.