are defined in Emicool standard Chilled Water Cooling Services Agreement.
Agreement is concluded between Emicool as a Service Provider and a Customer to specify certain conditions of chilled water delivery, outline both parties rights and obligations, explain applicable charges and penal conditions in case of breaching obligations.
Service Provider’s Obligations
The Service Provider shall:
a) Continuously supply and make available Cooling Services to the Premises in a quantity equal to the Declared Load, and it’s in no way can be deemed as a default if the services have been disconnected due to a cause beyond its control or force majeure.
b) Carry out the installation, maintenance and replacement of the main equipments required to provide the Cooling Services from the cooling plant up to metering
c) Provide and maintain prompt, effective and efficient customer service according to the Declared Load as mentioned in this agreement, as the Service Provider shall supply chilled water to the Premises at a temperature required to ensure comfort zone as per the international standards, and as approved by Dubai Municipality, subject to Customer's commitment to maintain desirable performance output of the air-conditioning equipment in the Premises as per operation & maintenance design parameters.
Customer’s Obligations
The Customer shall:
a) Receive and pay for the monthly invoices of the Cooling Services for the Premises in accordance with Tariff Charges as it may be amended from time to time in accordance with “Seventh, Eighth, Ninth, Tenth” Clauses of this Agreement along with annex No. 1.
b) The Customer shall carry out all maintenance and replacement of all equipments required to receive the Cooling Services after the metering equipment, and shall take all reasonable ways for safety, security, and necessary care for such equipments along with any other related equipment, as the Service Provider shall not bear any responsibility resulting out of the Customer breach for safety, security and operational procedures.
c) The Customer shall grant to the Service Provider or its representative a reasonable access to its Premises whenever necessary, and shall provide reasonable assistance for the inspection, repairing, maintaining, protecting, removing, replacing and measuring the Metering Equipment. Metering equipment is the service providers’ asset and the customer will have no individual access but have the right to monitor the reading through joint visit.
d) The Customer hereby undertake to absolutely not use any air-conditioning devices or equipments whatsoever and in any circumstances for the above premises or any of its attachments, failing to fulfil this obligation, the Customer shall:
1-Bear all costs whatsoever to eliminate such devices and equipments.
2- Pay fine of AED 3,000 per month to the service provider during the breach period.
3- Pay declared load fees during such breach period.
As such, the service provide should be entitled in this regard to notify all competent authority including (Land Department, Owner’s Association, Master Developer) regarding such breach committed by the Customer in contravention to the Master Declaration in order to finally take the necessary actions in this regard.
Tampering of metering equipment
In case the metering equipment has been tampered or altered by bad faith to intentionally cause the Service Provider suffering, the Customer shall compensate the Service Provider against all damages resulted out of such tampering as following:
Firstly: To bear the cost to repair any damages and/or malfunction in the metering equipments immediately.
Secondly: The due amounts against the Customer during tampering period shall be charged to the customer based on estimate of chilled water consumed for similar period and similar conditions as stipulated in benchmark studies for similar properties. And such due amounts shall be immediately paid to the Service Provider, with no objections from the Customer side regarding the evaluation in this regard.
Thirdly: The Customer shall also pay fine of AED 3,000 for each month passed during tampering period, on condition that such fine will be several by the plurality of months under which the metering equipments were tampered.
Fourthly: In such case, criminal actions shall be filed against customer due to violating Law No. 2 of 1994 regarding public water and electricity network protection, and Penal Code no. 3 of 1987 as amended on or any related law.
