Steuben Gas Storage Company

Original Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-177-001, Status: Effective

First Revised Sheet No. 145 First Revised Sheet No. 145 : Effective

Superseding: Original Sheet No. 145

 

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

other remedies Seller may have, at law or in equity, with

respect to Customer's failure to pay the amount of any

invoice.

 

8.3 Adjustment of Invoicing Errors. Subject to the provisions of

Section 6 of these General Terms and Conditions, if it shall

be found that at any time or times Customer has been

overcharged or undercharged and Customer shall have actually

paid the invoice containing such charges, then within thirty

(30) Days after the final determination thereof, either Seller

shall refund the amount of any such overcharge or Customer

shall pay the amount of any such undercharge. In the event an

error is discovered in the amount invoiced in any invoice

rendered by Seller, such error shall be adjusted within thirty

(30) Days of the determination thereof, provided that claim

therefor shall have been made by the Customer within thirty (30)

Days from the date of discovery of such error, but in any event

within six (6) Months from the date of any storage service invoice

and within seven (7) Months from the date of any sales service

invoice. The party receiving such request for adjustment shall

have three (3) Months to rebut such claim otherwise the

invoice shall be adjusted as requested. The preceding time

limits do not apply to deliberate omission or misrepresentation

or mutual mistake of fact or government required rate changes.

The parties' statutory or contractual rights shall not otherwise be

diminished by this Section. If the parties are unable to agree

on the adjustment of any claimed error, any resort by either

of the parties to legal proceedings shall be commenced within

fifteen (15) Months after the supposed cause of action is

alleged to have arisen, or shall thereafter be forever barred.