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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Hello ... my question with regards to chiller...

تم تقييم هذه الإجابة:
Hello ... my question with regards to chiller charges
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu Dhabi
Lawyer's Assistant: Has anything been filed or reported?
In my rent contract it says I pay for chilled water consumed on or supplied to the property during the term
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
The cooling company provider is asking me to pay for capacity charges. Is that legitimate

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

This matter is legal and not conflicting if it is expressly stipulated in the contract, but it is a service that you can stop and not take advantage of, and in this case you are not obliged to pay for it with the need to warn that. If you are a tenant of a flat in a building and this service has been provided to the building and that it has been agreed in the contract on this basis, you are obliged to pay this amount.
 

الرد من العميل

Please clarify when the contract says “pay to the relevant authority chilled water consumed on or supplied to the property” can this be interpreted as pay for capacity charges. Nothing else in contract talk about capacity charges

الرد من العميل

I will be paying consumption, but my question is about capacity charges which are not mention in the rent contract, except what I wrote above

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

This condition means that you are obliged to pay a charge for the chilled water service to the company providing it, and any charges not stipulated in the contract as capacity charges that you are not obliged to pay unless it is a common service provided to the whole building, then you are obliged to pay it. 
 

الرد من العميل

Ok Thanks for that. The term “consumed on” must mean pay for consumption, but does the term “supplied to” means capacity charge cost. This interpretation is very critical. Some residents accepted to pay for both, others like me refuse to pay capacity charge and only paid consumption charge. Please be clear with me if “supplied to” can be interpreted as “capacity charge”. This is the whole idea. If it can not be interpreted as such, this could be a big case against them by all residents

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The term "supplied to" means the full quantity  supplied by the company and not the consumption value. Once fully provided, the residents are obliged to pay the full value of the service, not the consumption.

الرد من العميل

This mean I have to pay “Capacity Charges” although not explicitly written “Pay capacity charges”

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Yes, you must pay the capacity charges.

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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