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Common use of Estimate Clause in Contracts

Estimate. (a) If, for any period during the current Water Year or the most recently completed Water Year only: (i) the Scheme Owner has reasonable grounds to believe that the Meter is or was not measuring accurately; (ii) no Meter is installed; (iii) access to the Meter was not obtained for any reason; or (iv) the Scheme Owner has reasonable grounds to believe the Customer has not strictly complied with the requirements of clause 12.2, 12.4 or 12.7, to determine applicable Distribution Consumption Charges, the Scheme Owner may make an estimate of the volume of water taken by the Customer over that period. Any estimate made by the Scheme Owner under this clause may be issued as a separate invoice by the Scheme Owner and will bind the Customer. (b) In making such an estimate, the Scheme Owner must consult with the Customer, act reasonably and may have regard to any relevant matter including water ordered by the Customer, the Customer’s prior water use history, hours pumped, electricity consumed, industry practice or the area under irrigation. (c) Clause 27 will apply to an estimate under this clause 12.10. (d) Examples of “reasonable grounds” under clause 12.10(a) include: (i) testing of the Meter; or (ii) timing of the Meter against a known discharge; or (iii) where the Meter is not registering and water is being taken.

Appears in 3 contracts

Samples: Distribution Contract, Distribution Contract, Distribution Contract

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Estimate. (a) If, for any period during the current Water Year or the most recently completed preceding Water Year only: (i) the Scheme Owner ROL Holder has reasonable grounds to believe that the Meter is or was not measuring accurately; (ii) no Meter is installed; (iii) access to the Meter was not obtained for any reason; or (iv) the Scheme Owner ROL Holder has reasonable grounds to believe the Customer has not strictly complied with the requirements of clause 12.2clauses 13.2, 12.4 13.4 or 12.713.7, to determine applicable Distribution Consumption Charges, the Scheme Owner ROL Holder may make an estimate of the volume of water taken by the Customer over that period. Any estimate made by the Scheme Owner ROL Holder under this clause may be issued as a separate invoice by the Scheme Owner ROL Holder and will shall bind the Customer. (b) In making such an estimate, the Scheme Owner ROL Holder must consult with the Customer, act reasonably and may have regard to any relevant matter including water ordered by the Customer, the Customer’s prior water use history, hours pumped, electricity consumed, industry practice or the area under irrigation. (c) Clause 27 will 23 shall apply to a dispute on an estimate made under this clause 12.10.clause; (d) Examples of “reasonable grounds” under clause 12.10(a) subclause (a), include: (i) testing of the Meter; or (ii) timing of the Meter against a known discharge; or (iii) where the Meter is not registering and water is being taken.

Appears in 2 contracts

Samples: Agreement for Delivery of Water, Agreement for Delivery of Water

Estimate. (a) If, for any period during the current Water Year or the most recently completed Water Year only: (i) the Scheme Owner has reasonable grounds to believe that the Meter is or was not measuring accurately; (ii) no Meter is installed; (iii) access to the Meter was not obtained for any reason; or (iv) the Scheme Owner has reasonable grounds to believe the Customer has not strictly complied with the requirements of clause 12.2, 12.4 or 12.7, to determine applicable Distribution Consumption Charges, the Scheme Owner may make an estimate of the volume of water taken by the Customer over that period. Any estimate made by the Scheme Owner under this clause may be issued as a separate invoice by the Scheme Owner and will bind the Customer. (b) In making such an estimate, the Scheme Owner must consult with the Customer, act reasonably and may have regard to any relevant matter including water ordered by the Customer, the Customer’s prior water use history, hours pumped, electricity consumed, industry practice or the area under irrigation. (c) Clause 27 26 will apply to an estimate under this clause 12.10. (d) Examples of “reasonable grounds” under clause 12.10(a) include: (i) testing of the Meter; or (ii) timing of the Meter against a known discharge; or (iii) where the Meter is not registering and water is being taken.

Appears in 1 contract

Samples: Standard Customer Distribution Contract

Estimate. (a) If, for any period during the current Water Year or the most recently completed Water Year only: (i) the Scheme Owner has reasonable grounds to believe that the Meter is or was not measuring accurately; (ii) no Meter is installed; (iii) access to the Meter was not obtained for any reason; or (iv) the Scheme Owner has reasonable grounds to believe the Customer has not strictly complied with the requirements of clause 12.2, 12.4 or 12.7, to determine applicable Distribution Consumption Charges, the Scheme Owner may make an estimate of the volume of water taken by the Customer over that period. Any estimate made by the Scheme Owner under this clause may be issued as a separate invoice by the Scheme Owner and will bind the Customer. (b) In making such an estimate, the Scheme Owner must consult with the Customer, act reasonably and may have regard to any relevant matter including water ordered by the Customer, the Customer’s prior water use history, hours pumped, electricity consumed, industry practice or the area under irrigation. (c) Clause 27 will apply to an estimate under this clause 12.10. (d) Examples of “reasonable grounds” under clause 12.10(a) include: (i) testing of the Meter; or (ii) timing of the Meter against a known discharge; or (iii) where the Meter is not registering and water is being taken.

Appears in 1 contract

Samples: Distribution Contract

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Estimate. (a) If, for any period during the current Water Year or the most recently completed preceding Water Year only: (i) the Scheme Owner ROL Holder has reasonable grounds to believe that the Meter is or was not measuring accurately; (ii) no Meter is installed; (iii) access to the Meter was not obtained for any reason; or (iv) the Scheme Owner ROL Holder has reasonable grounds to believe the Customer has not strictly complied with the requirements of clause 12.2clauses 13.2, 12.4 13.4 or 12.713.7, to determine applicable Distribution Consumption Charges, the Scheme Owner ROL Holder may make an estimate of the volume of water taken by the Customer over that period. Any estimate made by the Scheme Owner ROL Holder under this clause may be issued as a separate invoice by the Scheme Owner ROL Holder and will shall bind the Customer.; (b) In making such an estimate, the Scheme Owner ROL Holder must consult with the Customer, act reasonably and may have regard to any relevant matter including water ordered by the Customer, the Customer’s prior water use history, hours pumped, electricity consumed, industry practice or the area under irrigation.; (c) Clause 27 26 will apply to this a dispute on an estimate under this clause 12.10.clause; (d) Examples examples of “reasonable grounds” under clause 12.10(a) subclause (a), include: (i) testing of the Meter; or (ii) timing of the Meter against a known discharge; or (iii) where the Meter is not registering and water is being taken.

Appears in 1 contract

Samples: Water Distribution Agreement