Southeast Supply Header, LLC

Original Volume No. 1

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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective

Original Sheet No. 218 Original Sheet No. 218

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

2. MEASUREMENT AND MEASUREMENT EQUIPMENT (continued)

 

2.4 In the event any measuring equipment is out of service, or is

found registering inaccurately and the error is not determinable

by test, previous recordings of receipts or deliveries through

such equipment shall be determined as follows; provided, however,

that the correction period shall be within six (6) Months of the

production Month, with a three (3) Month rebuttal period and

provided, further, that such standard shall not apply in the case

of deliberate omission or misrepresentation or mutual mistake of

fact. Parties' other statutory or contractual rights shall not

otherwise be diminished by this standard:

 

(a) by using the registration of any check meter or meters if

installed and accurately registering, or in the absence of

(a);

 

(b) by correcting the error if the percentage of error is

ascertainable by calibration, special test or mathematical

calculation, or in the absence of both (a) and (b) then;

 

(c) by estimating the quantity of receipt or delivery based on

receipts or deliveries during preceding periods under

similar conditions when the meter was registering

accurately.