Hardy Storage Company, LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/01/2007, Docket: CP05-150-003, Status: Effective
Original Sheet No. 68 Original Sheet No. 68 : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
(c) Prerequisites. Requestor shall not be eligible to enter into a
Contract electronically until Requestor (i) has been placed on Seller's
Approved Bidder's List in accordance with Section 3.2 of the General Terms
and Conditions and (ii) has executed and submitted to Seller an Electronic
Contracting Agreement in the form contained in this Tariff. Requestor shall
execute the Electronic Contracting Agreement in duplicate by original
handwritten signature(s) on paper and forward it to Seller via mail or other
delivery service at least 15 business days in advance of bidding for or
requesting a Contract. The requirement in this Section 3.2 of timely
submission of an executed Electronic Contracting Agreement may not be
satisfied by facsimile transmission of an executed document, or any other
method that results in Seller receiving only a copy of a signature. Upon
receipt of the executed Electronic Contracting Agreement, the Approved
Bidder List shall be updated to reflect Requestor's eligibility to enter
into Contracts electronically.
(d) Documents; Standards. Seller and Customer may, and when required
by the Tariff shall, electronically transmit to or receive from the other
party any of the electronic forms (including Contracts) listed by Seller,
currently or in the future, on the Transaction List posted on Navigator,
(collectively "Documents"). Any transmission of data that is not a Document
shall have no force or effect between the parties unless justifiably relied
upon by the receiving party. All Documents shall be transmitted in
accordance with the standards set forth in the EBB User's Guide, as it may
be amended or supplemented from time to time by Seller.
(e) Signatures. Seller shall adopt as its signature an electronic
identification, and Seller shall furnish to Subscriber one or more unique
electronic identifications (User Identification and Password), consisting of
symbol(s) or code(s), which are to be electronically affixed to or placed in
each Document transmitted by such party (Signatures). The employee(s) or
officer(s) designated by Subscriber in Appendix A of the Electronic
Contracting Agreement shall perform the contracting function for Subscriber
and thereby legally bind Subscriber to any Contract with Seller by use of
that person's assigned User Identification and Password. By entering into
the Electronic Contracting Agreement, Subscriber represents and warrants
that (i) the employee(s) or officer(s) identified in Appendix A thereof have
been duly and legally authorized to enter into and execute Contracts