Distrigas of Massachusetts Corporation
First Revised Volume No. 1
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Effective Date: 12/17/1988, Docket: GT94- 26-000, Status: Effective
Fifth Revised Sheet No. 45 Fifth Revised Sheet No. 45 : Superseded
Superseding: Fourth Revised Sheet No. 45
6.5 Adjustment of Overcharge and Undercharge. If it is
found that at any time or times Buyer has been overcharged or
undercharged in any form whatsoever under the provisions hereof as
a result of an error in billing, then within thirty (30) days
after the final determination thereof, Seller shall refund the
amount of any such overcharge, and Buyer shall pay the amount of
any such undercharge.
7. Warranty of Title and Possession of LNG
7.1 Warranty of Title.
Seller agrees that it will, and it hereby does,
warrant that it will at the time of delivery have good title to
all LNG delivered by it to Buyer free and clear of all liens,
encumbrances and claims whatsoever, that it will at such times
have good right and title to sell said LNG, that it will
indemnify Buyer and save it harmless from all suits, actions,
debts, accounts, damages, costs, losses and expenses arising from
or out of adverse claims of any or all persons to title to
7.2 Title and Control of LNG.
Unless otherwise agreed, as between Seller and
Buyer, Seller shall be deemed to have title to and to be in
control and possession of all LNG until it shall have been
physically delivered to Buyer or for Buyer's account at the
point or points of delivery.
7.3 Consequential Damages.
Neither party shall be liable for any indirect
or consequential damages incurred by the other party in
connection with the performance or failure to perform any LNG
service available under this Tariff.