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.