Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective
First Revised Sheet No. 99 First Revised Sheet No. 99 : Effective
Superseding: Original Sheet No. 99
GENERAL TERMS AND CONDITIONS (Cont'd)
10.3 Adjustment of Billing Errors. If it is determined that at any time
or times Customer has been overcharged or undercharged in any form
whatsoever under this Section 10 and Customer has actually paid the bills
containing such overcharge or undercharge, Seller shall refund the amount
of any such overcharge or Customer shall pay the amount of any such
undercharge within 30 days after final determination of such amounts. If an
error is discovered in the amount billed in any statement rendered by
Seller, such error shall be adjusted within 30 days of Seller's
determination thereof, provided that claim therefor shall have been made
within 30 days from the date of discovery of such error but in any event
within 6 months from the date of such statement with a 3 month rebuttal
period. These time limitations shall not apply in cases of Commission
required rate changes, to deliberate omissions, to misrepresentations or
mutual mistake of fact. Neither Customer's nor Seller's other statutory or
contractual rights shall be diminished by this provision.
10.4 Suspension or Termination for Nonpayment. If Customer under any
Rate Schedule becomes delinquent by 10 days in the payment of any invoice,
then such Customer shall provide adequate assurance of payment to Seller
within 10 days of the date of Seller's written notice of such delinquency.
If Customer does not, within such 10 day period, pay the invoice together
with accrued interest, or does not provide adequate assurance of payment in
accordance with the provisions of Section 3 (Requests for Service) of the
General Terms and Conditions, Seller, in addition to any other remedies it
may have, may commence suspension of service procedures by: (a) sending a
first written notice to Customer informing Customer that its service will be
suspended and its Service Agreement with Seller will be terminated in 30
days ("suspension date") if payment is not received; and (b) sending a
second written notice to Customer and the Commission 10 days before the
suspension date informing Customer that its service will be suspended and
its Service Agreement with Seller will be terminated on the suspension date
if payment is not received before that date. Customer's service will be
suspended and its Service Agreement terminated if full payment is not
received by Seller before the suspension date. Termination of the Service
Agreement shall not excuse payments of the amounts then due or any other
existing obligation of Customer. Seller shall not be entitled to suspend
service or terminate Customer's Service Agreement pending resolution of an
invoice disputed in good faith by Customer if Customer complies with the
provisions of paragraph 10.2(d) above.