§ 50.112  TOWN NOT RESPONSIBLE FOR CERTAIN MATTERS OR DAMAGES.
   The town shall not be responsible for the following matters or damages.  The failure to mention a particular type of claim or damage in the following paragraphs shall not authorize liability on the part of the town, does not constitute a waiver of governmental or sovereign immunity, and no responsibility or liability may be inferred by its exclusion.  Among others:
   (A)   Although the town shall make a good faith effort to notify affected customers before service is discontinued or interrupted, the customer or adjunct customer, by making application for service, a customer or adjunct customer agrees to hold the town harmless from liability for any damages that may occur due to discontinuance or interruption of service.
   (B)   The town is not responsible for inspecting the customer’s or adjunct customer’s piping or plumbing apparatus and facilities and is not responsible for the condition of that piping, plumbing or facilities. A customer’s piping or plumbing apparatus and facilities consists of all piping or apparatus from the customer’s side of the meter on the customer’s property or on property the customer has crossed.
   (C)   The town is not liable for damage of any kind whatsoever resulting from water or the use of water on the customer’s or adjunct customer’s premises, unless the damage results directly from negligence on the part of the town and is covered by the town’s liability insurance coverage. The town is not responsible for damage done by or resulting from any defect in the piping, facilities, fixtures or appliances on the customer’s or adjunct customer’s side of the water meter. The town is not responsible for damage caused, wholly or in part, by the negligence of the customer, adjunct customer, or third parties or damage caused by forces beyond the control of the town.
   (D)   To the extent practicable, the town will notify the customer of any anticipated interruption of service, but any failure on the part of the town to give the notice will not create any liability on the part of the town.
(Ord. passed 6-21-2011; Ord. passed 7-17-2012)