ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 29, 2013 No. 645

About approval of standard agreements in the field of cold water supply and water disposal

According to the Federal Law "About Water Supply and Water Disposal" Government of the Russian Federation decides:

Approve enclosed:

standard agreement of cold water supply;

standard agreement of water disposal;

single standard agreement of cold water supply and water disposal;

the standard agreement on transportation of cold water;

the standard agreement on transportation of sewage;

the standard agreement about connection (technological accession) to centralized system of cold water supply;

the standard agreement about connection (technological accession) to centralized system of water disposal.

Approved by the Order of the Government of the Russian Federation of July 29, 2013
, No. 645

Standard agreement of cold water supply

____________________________________             "__" ______________ 20 __.

      (place of agreement)

__________________________________________________________________________,

                        (name of the organization)

hereinafter referred to as with the organization of water and sewer

farms, on behalf of ________________________________________________________,

                      (name of position, surname, name, middle name)

acting on the basis of the ________________________________________________,

                          (provision, the charter, the power of attorney - to specify necessary)

on the one hand, and _______________________________________________________,

                                 (name of the organization)

hereinafter referred to as with the subscriber, on behalf of

__________________________________________________________________________,

   (surname, name, middle name, passport data - in case of the conclusion

      agreements from the subscriber physical person, the name

   positions, surname, name, middle name - in case of the conclusion of the agreement

              from the subscriber legal entity)

acting on the basis of the ________________________________________________,

                            (provision, the charter, the power of attorney to specify necessary 
                              in case of the conclusion of the agreement from the subscriber
                                               legal entity)

on the other hand, hereinafter referred to as with the parties, concluded this

agreement as follows:

I. Subject of the agreement

1. Under this agreement the organization of water and sewer economy performing cold water supply shall give to the subscriber through the attached water supply system from centralized systems of cold water supply:

cold (drinking) _____________________________________________ water;

(yes, is not present - to specify necessary)

cold (technical) __________________________________________ water,

(yes, is not present - to specify necessary)

The subscriber shall pay the accepted cold (drinking) water, cold (technical) water (further - cold water) the established quality in the amount determined by this agreement and to observe the mode of its consumption provided by this agreement, to ensure safety of operation of the water supply systems which are under its authority and serviceability of the metering devices used by it.

2. Borders of balance sheet accessory and operational responsibility of objects of centralized systems of cold water supply of the organization of water and sewer economy and the subscriber are determined according to the act of differentiation of balance sheet accessory and operational responsibility by form according to appendix No. 1.

3. The act of differentiation of balance sheet accessory and operational responsibility given in appendix No. 1 to this agreement is subject to signing in case of the conclusion of this agreement and is its integral part.

II. Terms and mode of giving (consumption) of cold water

4. Start date of giving (consumption) of cold water is "__" ___________ 20 __.

5. The mode of giving (consumption) of cold water (the guaranteed water supply amount (including), the guaranteed level of pressure of cold water in centralized system of water supply in the place of accession) is specified needs of fire extinguishing in form according to appendix No. 3 in accordance with the terms of connection (technological accession) to centralized system of cold water supply.

III. Terms and payment procedure under the agreement

6. Payment is under this agreement performed by the subscriber on rates for drinking water (drinking water supply) and (or) the rates for technical water established according to the procedure, the determined legislation of the Russian Federation on state regulation of the prices (rates). In case of establishment of the organization of water and sewer economy of two-part rates the size of the connected loading to which the rate rate for content of centralized system of water supply is applied is specified.

7. The settlement period established by this agreement is equal to one calendar month. The subscriber brings payment under this agreement in the following procedure if other is not provided by the Rules of cold water supply and water disposal approved by the order of the Government of the Russian Federation of July 29, 2013 No. 644 "About approval of Rules of cold water supply and water disposal and about introduction of amendments to some acts of the Government of the Russian Federation":

50 percent of cost of amount of the water consumed by the subscriber for the last month (for subscribers with whom contracts are signed less than a one months ago, - costs of the guaranteed amount of water specified in this agreement), are brought to the 18th of current month;

payment for the cold water which is actually pumped in the expired month taking into account the means which are earlier brought by the subscriber as payment for cold water in settlement period is performed to the 10th following after month for which payment, based on the bills which are made out for payment by the organization of water and sewer economy no later than the 5th following after settlement month is performed.

If the amount of the actual consumption of cold water for the expired month determined according to the Rules of the organization of commercial accounting of water, sewage approved by the order of the Government of the Russian Federation of September 4, 2013 No. 776 "About approval of Rules of the organization of commercial accounting of water, sewage" (further - Rules of the organization of commercial accounting of water, sewage), will appear water less than an amount for which the subscriber made payment, excessively paid amount is set off on account of the subsequent payment for the next month.

Payment date receipt date of money on the settlement account of the organization of water and sewer economy is considered.

8. In case of placement of metering station and metering devices not on limit of operational responsibility the size of the losses of cold water arising on the network site from limit of operational responsibility to metering device installation site constitutes ________________. The specified amount is subject to payment according to the procedure, stipulated in Item the 7th this agreement, in addition to payment of the amount of the consumed cold water in settlement period determined by indications of metering devices.

9. The reconciliation of calculations is under this agreement carried out between the organization of water and sewer economy and the subscriber at least once a year or at the initiative of one of the parties by creation and signing of the relevant act by the parties. The party of this agreement initiating carrying out reconciliation of calculations notifies other party on date of reconciliation of calculations at least in 5 working days prior to date of its carrying out. In case of absence of the party to the specified term for carrying out reconciliation of calculations the party initiating carrying out reconciliation of calculations draws up and sends to other party the statement of reconciliation of calculations in 2 copies by any available method (the mailing, the telegram, the fax, the telephone message, the Internet) allowing to confirm receipt of such notification by the addressee. In that case term on signing of the reconciliation statement of calculations is established within 3 working days from the date of its obtaining. In case of non receipt of the answer within more than 10 working days after the direction to the party of the act of reconciliation of calculations the act is considered acknowledged (approved) by both parties.

IV. Rights and obligations of the Parties

10. The organization of water and sewer economy shall:

a) perform giving to the subscriber of cold water of the established quality and in the amount established by this agreement not allow quality degradation of drinking water below the indicators established by the legislation of the Russian Federation in the field of ensuring sanitary and epidemiologic wellbeing of the population and this agreement, except as specified, stipulated by the legislation the Russian Federation;

b) provide operation of the water supply systems belonging to it on the property right or on other legal cause and (or) being in limits of its operational responsibility according to requirements of normative and technical documents;

c) exercise production supervision of quality of cold (drinking) water;

d) observe the set mode of supply of cold water;

e) from the date of detection of discrepancy of the indicators of cold (drinking) water characterizing its safety to requirements of the legislation of the Russian Federation without delay to inform on it the subscriber according to the procedure, stipulated by the legislation the Russian Federation. The specified notice shall be performed by any available methods allowing to confirm receipt of such notification by addressees (the mailing, the telegram, the fax, the telephone message, the Internet);

e) provide to the subscriber information according to standards of disclosure of information according to the procedure, stipulated by the legislation the Russian Federation;

g) respond to claims and addresses of the subscriber on the questions connected with execution of this agreement during the term established by the legislation of the Russian Federation;

h) with the assistance of the subscriber if other is not provided by Rules of the organization of commercial accounting of water, sewage to perform the admission of the metering stations, devices and constructions intended for connection to centralized system of cold water supply, to operation;

i) seal up to the subscriber metering devices without collection of payment, except as specified, the provided Rules of the organization of commercial accounting of water, sewage in case of which the payment for sealing of metering devices is levied;

j) warn the subscriber about the temporary termination or restriction of cold water supply according to the procedure and cases which are provided by this agreement and regulatory legal acts of the Russian Federation;

k) take necessary measures for timely accident elimination and damages on the centralized systems of cold water supply belonging to it on the property right or on other legal cause, according to the procedure and terms which are established by the specifications and technical documentation, and also measures for renewal of action of such systems with observance of requirements installed by the legislation of the Russian Federation in the field of ensuring sanitary and epidemiologic wellbeing of the population (except for supply of cold (technical) water);

l) provide installation on the centralized system of cold water supply belonging to it on the property right or on other legal cause, indexes of fire hydrants according to requirements of regulations of fire safety, to watch possibility of easy access at all seasons of the year to the fire hydrants which are on its servicing;

m) notify local government bodies and structural divisions of territorial authorities of the federal executive body authorized on the solution of tasks in the field of fire safety in case of the temporary termination or restriction of cold water supply on impossibility of use of fire hydrants because of absence or insufficiency of pressure of water in case of carrying out repair or emergence of accident on its water supply systems;

o) perform the organization and operation of zones of sanitary protection of sources of drinking and economic and household water supply in accordance with the legislation of the Russian Federation about sanitary and epidemiologic wellbeing of the population;

o) notify the subscriber on schedules and terms of carrying out planned precautionary repair of water supply systems through which cold water supply is performed.

11. The organization of water and sewer economy has the right:

a) exercise control of correctness of accounting of amounts pumped (received) subscriber cold water;

b) exercise control of availability of unauthorized use and (or) unauthorized connection of the subscriber to centralized system of cold water supply and take measures for prevention of unauthorized use and (or) unauthorized connection to centralized system of cold water supply;

c) to temporarily stop or limit cold water supply according to the procedure and cases which are stipulated by the legislation the Russian Federation;

d) have easy access to water supply systems, places of sampling of cold water and metering devices according to the procedure, provided by the Section VI of this agreement;

e) initiate carrying out reconciliation of calculations under this agreement.

12. The subscriber shall:

a) provide operation of the water supply systems belonging to it on the property right or on other legal cause and (or) being in limits of its operational responsibility according to requirements of normative and technical documents;

b) ensure safety of seals and signs of checking on the metering devices, metering stations, latches of the bypass line, fire hydrants, latches and other devices which are in limits of its operational responsibility, to observe temperature condition indoors where the metering station of cold water (at least +5 °C) is located, to provide protection of such room against unauthorized penetration, hit of ground, thawed and rain waters, harmful chemicals, room waterproofing where the metering station of cold water, and rooms where there pass water supply systems, from other rooms is located, to keep the specified rooms clean, not to allow storage of the objects interfering access to nodes and metering devices and also mechanical, chemical, electromagnetic or other impacts which can distort indications of metering devices;

c) provide accounting of the received cold water according to the procedure, established by the Section V of this agreement, and according to Rules of the organization of commercial accounting of water, sewage, except as herein otherwise provided;

d) establish metering devices on limits of operational responsibility or in other place determined by this agreement;

e) observe the mode of consumption of cold water set by this agreement;

e) make payment under this agreement according to the procedure, the size and in terms which are determined by this agreement;

g) provide easy access of representatives of the organization of water and sewer economy or on its specifying to representatives of other organization to water supply systems, places of sampling of cold water and metering devices according to the procedure and cases which are provided by the Section VI of this agreement;

h) contain in good repair systems and means of fire-water supply belonging to it or being in limits (zone) of its operational responsibility including fire hydrants, latches, cranes and installations of automatic fire extinguishing, to establish the corresponding indexes according to requirements of regulations of fire safety;

i) without delay to notify the organization of water and sewer economy and structural divisions of territorial authorities of the federal executive body authorized on the solution of tasks in the field of fire safety on impossibility of use of fire hydrants because of absence or insufficient pressure of cold water in cases of emergence of accident on its water supply systems;

j) notify the organization of water and sewer economy in case of transition of the rights to objects concerning which water supply, the devices and constructions intended for connection (technological accession) to centralized systems of cold water supply, and also in case of provision of rights of possession and (or) use of such objects, devices or constructions to the third parties according to the procedure, established by the Section IX of this agreement is performed;

k) without delay to report to the organization of water and sewer economy about all damages or defects on water supply systems, constructions and devices, metering devices, about violation of integrity of seals and violation of work of centralized system of cold water supply;

l) provide in the terms established by the legislation of the Russian Federation, liquidation of damage or defect of the water supply systems belonging to it on the property right or on other legal cause and (or) being in limits of its operational responsibility and to eliminate consequences of such damages or defects;

m) provide to other subscribers and the transit organizations possibility of connection (technological accession) to the water supply systems, constructions and devices belonging to it legally only in the presence of the consent of the organization of water and sewer economy;

o) not create obstacles for water supply of subscribers and the transit organizations which water supply systems are attached to water supply systems of the subscriber;

o) represent the organizations of water and sewer economy of the information about subscribers which water supply is performed with use of water supply systems of the subscriber, in form and in amount which are approved by the parties of this agreement;

p) not allow construction of constructions, garages and parking of vehicles, warehousing of materials, garbage and drevoposadok, and also not to carry out production earthwork in places of the device of centralized system of water supply, including in places of laying of the networks which are in limits of its operational responsibility without coordination with the organization of water and sewer economy;

c) perform the organization and operation of zones of sanitary protection of sources of drinking and economic and household water supply in accordance with the legislation of the Russian Federation about sanitary and epidemiologic wellbeing of the population.

13. The subscriber has the right:

a) obtain from the organization of water and sewer economy information on results of production supervision of the quality of cold (drinking) water performed by the organization of water and sewer economy according to the Rules of implementation of production supervision of quality and safety of drinking water, hot water approved by the order of the Government of the Russian Federation of January 6, 2015 No. 10 "About procedure of production supervision of quality and safety of drinking water, hot water" (further - Rules of production supervision of quality of cold (drinking) water, quality of hot water);

b) obtain from the organization of water and sewer economy information on change of the established rates for cold (drinking) water (drinking water supply), rates for cold (technical) water;

c) attract the third parties to performance of works on the node device

accounting ____________________________________________________________________;

                         (yes, is not present - to specify necessary)

d) initiate carrying out reconciliation of calculations under this agreement;

e) perform sampling of cold water, including parallel tests for the purpose of quality control of cold water, take part in the sampling of cold water performed by the organization of water and sewer economy.

V. Procedure of commercial accounting of the pumped (received) cold water, terms and methods of provision of the organization of water and sewer economy of indications of metering devices

14. For accounting of amounts of the cold water of the party pumped to the subscriber use metering devices if other is not provided by Rules of the organization of commercial accounting of water, sewage.

15. Data on metering stations, metering devices and places of sampling of cold water are specified in form according to appendix No. 4.

16. Commercial accounting of the pumped (received) cold water in metering stations

provides _____________________________________________________________.

                 (specify one of the parties of this agreement)

17. The amount of the pumped cold water is determined by the party performing commercial accounting of the pumped (received) cold water, according to data of accounting of the actual consumption of cold water on indications of metering devices, except as specified, when such accounting is performed by settlement method according to Rules of the organization of commercial accounting of water, sewage.

18. In case of absence at the subscriber of metering devices the subscriber shall in time

to _____________________________________________________ to establish devices

                     (specify date)

accounting of cold water and to put them into operation according to the procedure, established

legislation of the Russian Federation.

19. The party performing commercial accounting of the pumped (received) cold water, takes readings of metering devices on the last number of the settlement period established by this agreement or determines in cases, stipulated by the legislation the Russian Federation, amount of the pumped (received) cold water by settlement method, introduces indications of metering devices in water consumption register, transfers these data to the organization of water and sewer economy (subscriber) not later __________________________________________________________________________.

                          (specify date)

20. Transfer by the parties of data on indications of metering devices and other information is performed by any available methods allowing to confirm receipt of such notification by addressees (the mailing, the telegram, the fax, the telephone message, the Internet).

VI. Procedure for ensuring access to the organization of water and sewer economy with the subscriber to water supply systems, places of sampling of cold water and to metering devices (metering stations)

21. The subscriber shall provide access to representatives of the organization of water and sewer economy or on its specifying to representatives of other organization to places of sampling of cold water, metering devices (metering stations) and other devices in the following procedure:

a) the organization of water and sewer economy or for its specifying other organization previously, no later than 15 minutes before carrying out inspection and (or) sampling, notifies the subscriber on date and time of visit with application of the list checking (in the absence of the power of attorney on making of the corresponding actions on behalf of the organization of water and sewer economy or other organization or official IDs). The notification is performed by any available methods allowing to confirm receipt of such notification by the addressee;

b) authorized representatives of the organization of water and sewer economy or representatives of other organization show to the subscriber the official ID (the power of attorney on making of the corresponding actions on behalf of the organization of water and sewer economy or other organization);

c) access to representatives of the organization of water and sewer economy or on its specifying to representatives of other organization to places of sampling of cold water, metering devices (metering stations) and other devices is performed only in the places established by this agreement;

d) the subscriber has the right to take part when carrying out by the organization of water and sewer economy of all checks provided by this Section;

e) the refusal in access to representatives (not admission of representatives) of the organization of water and sewer economy or on its specifying to representatives of other organization to metering devices (metering stations) is equated to unauthorized use of centralized system of cold water supply that involves application of settlement method in case of the determination of amount of the pumped (received) cold water according to the procedure provided by Rules of the organization of commercial accounting of water, sewage.

VII. Procedure for quality control of cold (drinking) water

22. Production supervision of quality of the cold (drinking) water pumped to the subscriber with use of centralized systems of water supply is performed according to the Rules of implementation of production supervision of quality and safety of drinking water, hot water approved by the order of the Government of the Russian Federation of January 6, 2015 No. 10 "About procedure of production supervision of quality and safety of drinking water, hot water".

23. Quality of the pumped cold drinking water shall conform to requirements of the legislation of the Russian Federation in the field of ensuring sanitary and epidemiologic wellbeing of the population. Temporary discrepancy of quality of cold (drinking) water to the established requirements is allowed, except for the indicators of quality of cold (drinking) water characterizing its safety, at the same time it shall correspond to the limits determined by the actions plan by reduction of quality of cold (drinking) water in compliance with the established requirements.

Quality of the pumped cold (technical) water shall conform to the requirements established by this agreement. Indicators of quality of cold (technical) water are specified by the parties in form according to appendix No. 5.

24. The subscriber has the right at any time during the term of this agreement independently to select tests of cold (drinking) water for carrying out the laboratory analysis of its quality and to direct them for laboratory researches to the organizations accredited according to the procedure, established by the legislation of the Russian Federation. Sampling of cold (drinking) water, including selection of parallel tests, shall be made according to the procedure, stipulated by the legislation the Russian Federation. The subscriber shall inform the organization of water and sewer economy on time and the place of sampling of cold (drinking) water no later than 3 days before carrying out selection.

VIII. Conditions of the temporary termination or restriction of cold water supply

25. The organization of water and sewer economy has the right to perform the temporary termination or restriction of cold water supply of the subscriber only in the cases established by the Federal Law "About Water Supply and Water Disposal" and on condition of observance of procedure for the temporary termination or restriction of the cold water supply set by the Rules of cold water supply and water disposal approved by the order of the Government of the Russian Federation of July 29, 2013 No. 644 "About approval of Rules of cold water supply and water disposal and about introduction of amendments to some acts of the Government of the Russian Federation".

26. The organization of water and sewer economy within one days from the date of the temporary termination or restriction of cold water supply notifies on such termination or restriction:

a) subscriber;

b) ___________________________________________________________________;

      (specify local government body of the settlement, city district)

c) ___________________________________________________________________;

      (specify territorial authority of federal body of executive

               the authorities, performing federal state

                       sanitary and epidemiological surveillance)

d) ___________________________________________________________________.

      (specify structural divisions of territorial authorities

        federal executive body, authorized

             on the solution of tasks in the field of fire safety)

27. The notification the organization of water and sewer economy about the temporary termination or restriction of cold water supply, and also the withdrawal notice of such termination or restriction and renewal of cold water supply go to the corresponding persons by any available method (the mailing, the telegram, the fax, the telephone message, the Internet) allowing to confirm receipt of such notification by the addressee.

IX. The notification procedure of the organization of water and sewer economy about transition of the rights to objects concerning which water supply is performed

28. In case of transition of the rights to objects concerning which water supply is performed the devices and constructions intended for connection (technological accession) to centralized system of cold water supply and also in case of provision of rights of possession and (or) use of such objects, devices or constructions the subscriber within 3 days from the date of approach of one of the specified events sends to the third parties to the organization of water and sewer economy the written notice with indication of persons to whom passed these rights, the documents which are the basis of transition of the rights, and type of the transferred right.

Such notification goes by any available method (the mailing, the telegram, the fax, the telephone message, the Internet) allowing to confirm receipt of such notification by the addressee.

29. The notification is considered received by the organization of water and sewer economy from the date of the mail notification of delivery or from the date of the signature of the authorized representative of the organization of water and sewer economy testimonial of receipt of the notification.

X. Conditions of water supply of other persons which objects are connected to the water supply systems belonging to the subscriber

30. The subscriber represents the organizations of water and sewer economy of the information about persons which objects are connected to the water supply systems belonging to the subscriber.

31. The information about persons which subjects are connected to the water supply systems belonging to the subscriber is represented in writing with indication of the name of such persons, term of connection to water supply systems, the place and the scheme of connection to water supply systems, the permitted selection of amount of cold water and the mode of supply of cold water, and also availability of metering station and the place of sampling of cold water. The organization of water and sewer economy has the right to request other necessary data and documents from the subscriber.

32. The organization of water and sewer economy performs water supply of other persons whose objects are connected to water supply systems of the subscriber provided that such persons signed the contract of cold water supply or the single agreement of cold water supply and water disposal with the organization of water and sewer economy.

33. The organization of water and sewer economy does not bear responsibility for the violations of terms of this agreement allowed concerning persons whose objects are connected to water supply systems of the subscriber and which have no contract of cold water supply or the single agreement of cold water supply and water disposal with the organization of water and sewer economy.

XI. Procedure for dispute settlement and disagreements

34. The disagreements arising between the parties, connected with execution of this agreement are subject to pre-judicial settlement in claim procedure.

35. The claim is sent to the address of the party specified in agreement details and shall contain:

a) information about the applicant (name, location, address);

b) content of dispute and disagreements;

c) data on object (objects) concerning which there were disagreements (full name, the location, competence to object (objects) which the party which directed the claim has);

d) other data at the discretion of the party.

36. The party which received the claim within 5 working days from the date of its obtaining shall review the complaint and give the answer.

37. The parties draw up the statement of settlement of disagreements.

38. In case of not achievement of the consent of disagreement by the parties, arisen from this agreement, are subject to settlement in the court according to the procedure established by the legislation of the Russian Federation.

XII. Responsibility of the parties

39. Under this agreement the parties bear responsibility for non-execution or improper execution of obligations in accordance with the legislation of the Russian Federation.

40. In case of violation of water and sewer economy of quality requirements of drinking water by the organization, the mode of supply of cold water, level of pressure of cold water the subscriber has the right to demand pro rata decrease in the amount of payment under this agreement in the corresponding settlement period.

The responsibility of the organization of water and sewer economy for quality of the pumped cold (drinking) water is determined to limit of operational responsibility by water supply systems of the subscriber and the organization of water and sewer economy established according to the act of differentiation of operational responsibility.

41. In case of non-execution or improper execution by the subscriber of obligations on payment of this agreement the organization of water and sewer economy has the right to demand from the subscriber of payment of penalty fee in the amount of one stotridtsaty refunding rate of the Central bank of the Russian Federation operating on the date of the actual payment from the amount which is not paid in time for each day of delay, since next day after day of approach of fixed term of payment till day of the actual payment.

XIII. Force majeure circumstances

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info