1. Definitions
We/us - Aimera Limited and our agents.
You/your – The company person or people who have entered into the contract with us. If this is more than one company, each company or person will be jointly and severally liable for any money owed to us. This means we will be entitled to claim all the money owed from any company.
Contract – These signed Terms & Conditions.
The Legislation - Water Services Etc. (Scotland) Act 2005
Supplies – Water and/or the removal of any associated waste including surface water and trade effluent.
Network operator(s) – The companies that maintains the water distribution systems that supply your premises and the systems that remove any associated waste including surface water and trade effluent.
Premises – The business address where we will provide the services as set out your quotation.
Plan/Product – The combination of supplies, discounts and payment method, which form this contract.
2. Contract
This contract is between you and us for the supply of Water and/or the removal of any associated waste including surface water and trade effluent. This contract is governed by the laws of Scotland for supplying in Scotland and England and Wales for supply in England and Wales. Nothing in it affects your statutory rights.
We may transfer our rights and obligations in these Terms and Conditions to another company. If we do so, your right to cancel the contract will be unaffected.
The network operator(s) and we reserve and maintain our rights set out in the legislation and our licences. Your network operator(s) may enforce any provision of this contract in which it has rights.
There are two types of contract – a fixed term contract for a period agreed between both parties; or a 28 day rolling contract with no fixed end date. Both contracts require 28 days’ written notice of intention to transfer.
3. Changes to prices or this contract
We may change your prices and/or discounts (unless plan specific additional Terms and Conditions apply) or other terms of this contract.
Notwithstanding any additional Terms and Conditions regarding pricing/discount, any decision by the Scottish Government could result in changes to price/discount. In this respect the Scottish Government have determined that wholesale charges will in future be based on the latest rateable values for premises (2017). This is expected to be implemented on a phased basis between 2018 and 2020. All licensed providers including Aimera, expect to be informed of the potential implications in the early Spring 2017 and this could result in charges to customers increasing or decreasing. Aimera will communicate with its customers once the impact is known.
If we do make changes to your significant disadvantage, we will notify you of when they will take effect. If you do not accept the changes, you can end this contract by telling us within 28 days of receiving our notification and arrange your registration with another licensed different supplier. If you do this, the changes will not affect you unless your transfer to a new supplier does not take place within six weeks. In that case we reserve the right to implement new terms.
4. Terminating this contract
If you wish to terminate during the contract period due to non-performance of Aimera, this will be facilitated without a penalty clause being applied. However if termination is required due to an alternative offer being accepted from another supplier, Aimera will seek to recover the discount received from the start of the contract or the first anniversary of the contract.
Following 28 days written notice, we will close your account to the final date or meter reading. No discounts will be applied to the final bill and you must pay any outstanding balance in full. If you have an outstanding supplies balance on your account, we may stop you registering with another supplier until the debt is cleared.
5. Meter readings
We will ensure where possible your meter is read every six months. If we do not have a customer or actual meter reading, we will estimate your bill based on your previous usage. If this is not available we will use industry averages to estimate your consumption and associated returns of waste. We will use meter readings as proof of your water usage unless your meter is found to be faulty. Either of us can arrange for the meter to be tested. If you ask for a test by an independent meter examiner you must pay for the test in advance. If the meter is found to be accurate, the charges will not be refunded, if they are incorrect we will immediately arrange for compensation to be made to you. Charges for meter testing will be based on reasonable costs. 6. Statements and billing
You will receive invoices or if you pay by monthly Direct Debit you will receive statements from us detailing your supplies consumption approximately every six months unless:
- we tell you otherwise;
- your supplies are paid in advance, in which case we will send you a statement at least annually with details of your consumption.
7. Payment
Payment terms are monthly in arrears by Direct Debit. If no payment plan is in place, advance payment is required and invoices are due and payable upon receipt unless agreed otherwise as part of the contract.
We will credit payments against outstanding balances on your account in the following priority; oldest charges first. If we need to split an account for more than one service or multiple premises we will use the most recent bill as the basis.
Querying or disputing your bill or statement?
If you dispute a bill or statement please contact us immediately. We will work with you to resolve the issue. You must pay or arrange to pay any undisputed amount.
What happens if you do not pay?
If you do not pay as agreed in this contract and your direct debit fails or advance payments are not received we will:
- contact you informing you of the payment failure and give you 10 days to rectify this.
- If no payment is received as in above will instruct your network operator to disconnect the supply and give you a 28 day notice period.
After disconnection if you do not pay the next advance payment together with the outstanding balance; We may charge you our reasonable costs to recover any money you owe. These costs may include but are not limited to:
- visiting a property to collect money you owe;
- obtaining a warrant;
- disconnecting and reconnecting your supply.
If you have an outstanding balance or there is a price change. We will contact you as required with a detail of the amendments.
8. Other charges
We may charge you our reasonable costs if:
- you damage our equipment or equipment provided by your network operator(s);
- you fail to take reasonable steps to protect our equipment or equipment provided by your network operator(s);
- you ask us or our agents to visit your premises unnecessarily.
9. Data Protection
We will use information we have about you and your account to administer and manage your account. These uses include, but are not limited to, market research, billing and providing up to date information on water, associated waste efficiency and safety issues. Your records may also be shared with other organisations and used by us to recover debt trace debtors and prevent money laundering or fraud. Unless you tell us otherwise, we will provide you with up to date information on other plans, services and special offers we provide. Calls may be monitored or recorded for training purposes.
10. Moving or Leaving Premises
If you move or intend to close your premises:
- you must give us at least 48 hours notice or we will continue to charge you until:
- you tell us you have moved or closed the premises;
- we next read the meter;
- another person takes responsibility for the supplies;
- we will close your account to the final reading and you must pay the balance in full.
If you continue to be supplied by us at your new premises, new prices may apply and you will retain any final bill discounts from your previous premises.
11. Access to your premises
You must allow your network operator(s) or any person authorised by us access to your premises to carry out services. In an emergency, we or your network operator(s) may require you to stop using water or disposing of associated waste. We, and your network operator(s), will take reasonable care when working in your premises.
12. Interfering with equipment
If you take, or attempt to use water by interfering with our, or the network operator’s equipment, we may disconnect your supply, calculate how much you owe us, bill you for charges and prosecute.
13. Liability
We and your network operator(s) may be liable for death or personal injury caused by our negligence and any loss that is a foreseeable consequence of our breach of this contract, negligence or breach of statutory duty. We are not liable for any other loss including: those caused by an event or circumstances beyond our control and any business losses.
14. Contact
You can contact us by
Telephone - 0141 354 7664 from 09.00 to 18.00
Or by email – servicerequest@aimera.co.uk
Click here to download a copy of these terms and conditions as a PDF file
