PARTIES
North East Region Water Corporation of 83 Thomas Mitchell Drive, Wodonga Victoria 3690 ABN 97364 605 415 (“Corporation”)
The event organiser or company hosting the event (“Organiser”)
RECITALS
The Organiser has requested the Corporation accepts an application for the provision of a potable drinking water station at its event.
The Corporation is the owner of the Water Station (the “Station”). The Station incorporates a mobile trailer and billboard, water troughs, taps and fountains. The Station is designed to provide drinking water for community use at Corporation-approved events attended by the public (the “Use”).
The Corporation has agreed to make the Station available for the Use at an agreed site (the “Venue”). Water must be supplied from a connection to a North East Water asset – the water main (the “Water Source”).
The Organiser agrees to accept the terms set out in this Agreement.
DEFINITIONS
In this Agreement terms and words shall have the following meaning unless otherwise indicated, either expressly or by context:
- “Act” means the Safe Drinking Water Act (2003).
- “Agreement” means this Water Station Agreement, including the Conditions, and any plans or attachments.
- “Conditions” means these conditions applying to this Agreement.
- “Corporation” means North East Region Water Corporation its successors and Assigns.
- “Organiser” means the event organiser or the company hosting the event.
- “Officer” means a person authorised in writing by the Corporation or its delegate for any purposes of this Agreement.
CONSENT
This Agreement operates:
- as an agreement by and with the Corporation pursuant making the Station available for the Use at an agreed site
- subject to the terms and conditions contained in this Agreement
- until terminated as set out in this Agreement
This Agreement is made up of and includes:
- these Conditions
- the Details, including any Special Conditions
- any attachments to this Agreement
CONDITIONS
The Organiser is responsible for any approvals, permits, licences, permissions, fees, access or any other arrangement necessary to:
- bring the Station onto, and allow it to remain, at the Venue for the Use;
- connect the Station to the Water Source;
- supply, use and drain water from the Station; and
- disconnect and remove the Station from the Water Source and Venue on conclusion of Use.
The Organiser must gain the Corporation’s approval for a planned connection of the Station to a water main, or any other water supply asset.
Connection of the Station to the Water Source must be conducted by an Authorised Representative. When connected by an Authorised Representative:
- Supply charges will not apply to water taken from a Corporation-approved connection point.
- The services provided from the Water Source shall be in compliance with all applicable requirements of health regulation (such as the Act) and the Corporation’s Customer Charter, up until the outlets of the Station’s taps and fountains.
The Organiser agrees to use the Station for the Use and must not connect, disconnect or move the Station without consent from the Corporation.
The Organiser acknowledges that supply continuity, pressure and flow rates may fluctuate from the Water Source.
INSURANCE
The Organiser must obtain and maintain insurance coverage at all relevant times sufficient to cover any loss or costs that may be incurred by the Corporation and for which the Organiser is liable in connection with the Use.
The Organiser must provide NEW with evidence of the currency of any insurance it is required to obtain.
The Organiser shall maintain public liability and/or workers insurance against death or injury in accordance with the requirements of the Victorian WorkCover Authority. Whenever requested by North East Water, the contractor shall provide satisfactory evidence of any workers compensation insurance affected and maintained.
INCIDENTS
The Organiser is wholly responsible for the safety and security of the Station while at the Venue for the Use, or while it is in the Organiser’s care, custody or control:
- the Station must not be contaminated, defaced, damaged or destroyed in any way.
If the Organiser becomes aware of any incident which may give rise to a breach of this Agreement; have a materially significant or detrimental effect on any person, animal, property, land, the Water Source or the environment; the Organiser must immediately notify the Corporation of the incident within 2 business days.
INDEMNITY AND RELEASE
The Organiser accepts responsibility for all loss and damage to (including contamination of), the Station (fair wear and tear excepted), which occurs during the time the Station is situated at the Venue, or while it is in the care, custody or control of the Organiser, including partial or total loss occasioned through theft, fire, vandalism, wilful damage or negligent use of any kind, or resulting from any negligent act or omission. This clause survives expiry or termination of these Terms of Use.
The Organiser hereby indemnifies the Corporation against any loss of or damage to the Corporation and any claim, demand, action, suit, prosecution or proceeding brought against the Corporation whatsoever arising out of any breach of this Agreement by the Organiser or negligence on the part of the Organiser, including any damages, liabilities, costs and expenses incurred in connection with any such claim, demand, action, suit, prosecution or proceeding (including legal expenses on a full indemnity basis).
The Organiser hereby releases the Corporation from all demands and claims relating to any loss, damage or expense whatsoever suffered or incurred by the Organiser (whether directly or indirectly) as a consequence, or modification, of this Agreement.
TERMINATION
This Agreement will terminate upon disconnection and removal of the Station from the Water Source and Venue on conclusion of Use.
If the Organiser fails to comply with, or fails to carry out any other reasonable requirements of the Agreement, the Corporation reserves the right to terminate the Agreement.