U S G Pipeline Company

ORIGINAL VOLUME NO. 1

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Effective Date: 04/01/2000, Docket: CP99-211-001, Status: Effective

Original Sheet No. 53 Original Sheet No. 53 : Effective

 

GENERAL TERMS AND CONDITIONS

 

10.5 Adjustment of underpayment, overpayment or error in billing: If it

shall be found within six months of the date which the invoice was

rendered that a Shipper has been overcharged or undercharged in any

form whatsoever under the provisions of this Tariff or the service

contract for the services for which the Shipper was charged under

such invoice and Shipper shall have actually paid the invoices

containing such overcharge or undercharge, then within thirty (30)

days after the final determination thereof, which shall be no later

than ninety (90) days from the date which the claim for adjustment

was made, Transporter shall refund the amount of such overcharge and

Shipper shall pay the amount of any such undercharge; provided,

however, if the overcharge or undercharge is the result of a

deliberate omission or misrepresentation by either party or a mutual

mistake of fact, then the period for resolving adjustments is tolled

until the claimed adjustment is settled. Interest calculated in

accord with Section 10.4 above shall apply to any overcharge or

undercharge not paid or refunded within thirty (30) days from the

date of the determination of the amount of the undercharge or

overcharge.

 

Prior period adjustment time limits will be 6 months from the date of

the initial transportation invoice and 7 months from date of initial

sales invoice with a 3-month rebuttal period, excluding government-

required rate changes. This 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.