(A) Interruptions or fluctuations in, or curtailment of, water supply.
(1) The town will undertake to use reasonable care and diligence in order to avoid interruptions and fluctuations in the service, but it cannot and does not guarantee that such will not occur. Customers requiring uniform or uninterrupted supply should make special provisions on their premises.
(2) Notwithstanding any other provision in this chapter, the town's Rate Schedules, or any contract or agreement between the town and any customer, when, in the judgment of the town, sufficient supplies of water are not available to the town, for any reason, to meet all existing and reasonably anticipated demands for service or to preserve and replenish its storage in amounts sufficient to provide fire protection on its system, the town shall have the right to restrict, limit, curtail or interrupt water service to or water usage by any customer or customers. Whenever feasible, prior to restricting or curtailing water service due to lack of supply, the town shall use its best efforts to inform the public in general of the emergency nature of its water supply situation and request voluntary curtailment of water usage by all customers. If, in the judgment of the town, the voluntary curtailment of usage is not sufficient, the town may order curtailment of usage by customers and, if any customer fails to comply with any mandatory restriction, limitation, or interruption of service imposed under this rule, the town may shut off service to such customer pursuant to § 53.04.
(3) The town reserves the right at any time to shut off the water in the mains in case of accident or emergency, or for the purpose of making connections, extensions, improvements, alterations, repairs, changes, or for other proper business reasons. The town may restrict the use of water to reserve a sufficient supply for fire protection or other emergencies whenever the public welfare may so require.
(B) Limitations of liability.
(1) The town does not guarantee to furnish at all times any given quantity of water for fire protection or for general purposes or that interruptions and fluctuations in service will not occur. In the event there occurs any excess or deficiency in the pressure, volume or supply of water for any cause whatsoever, the town shall not in any way or under any circumstances be held liable or responsible to any person, entity, corporation or governmental unit for any loss or damage resulting therefrom other than willful misconduct or gross negligence on the part of the town.
(2) The town shall not be considered in any manner an insurer of property or persons, or to have undertaken to extinguish fire or to protect any customers, persons or property against loss or damage by fire. The provision of private and public fire service by the town is also subject to the limitations on liability set forth in § 53.09.
(3) Town shall not be liable for any damages resulting from the breaking of any mains or appurtenances, town service lines or customer service lines; from any interruption of the supply of water caused by the malfunction of machinery or facilities or by the stoppage thereof for necessary repairs or maintenance; or from any other act, omission, or event unless due to gross negligence or willful misconduct on the part of the town. The town shall not be liable for damages caused by defective piping, equipment, facilities or plumbing owned by the customer.
(4) The town shall not be liable for damages resulting from any act, omission, or event caused by strikes, acts of God, unavoidable accidents, or contingencies beyond its control.
(5) No promises, agreements or representations of any agent or employee of the town shall be binding upon the town unless incorporated in a written agreement signed by a duly authorized officer or employee of the town.
(Ord. 2012-9, passed 11-5-12)