Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 62 Original Sheet No. 62

 

15.2 Payment:

 

Billing statements shall be deemed to be received by each SHIPPER

on the date of the postmark, timestamp or electronic delivery of

the notice rendered by COMPANY. SHIPPER shall make payment to

COMPANY for the services performed or charges levied hereunder,

including for reservation charges and surcharges thereon during

any period in which service has been suspended, subject to

applicable credits to firm SHIPPER under Section 3(d) of Rate

Schedule FTS, during the preceding calendar month by first class

U.S. Mail, at the address set forth for COMPANY as indicated on

COMPANY'S statement, no later than ten (10) days after the

SHIPPER'S receipt thereof or, at COMPANY'S election, by electronic

bank transfer (i.e. wire transfer, ACH transfer or other mutually

acceptable transfer method), at such address as COMPANY may

hereafter designate, no later than eleven (11) days after

SHIPPER'S receipt thereof. All payments made by SHIPPER shall

include COMPANY'S invoice number (s) for purposes of matching the

payment to the invoice.

 

15.3 Invoice Disputes and Interest on Unpaid Amounts:

 

If SHIPPER disputes, in good faith, the amount of any invoice from

COMPANY, it shall provide a description and supporting

documentation of its position and timely submit payment of the

amount it states is due to COMPANY along with remittance detail.

If SHIPPER pays such invoice through a wire transfer of funds,

then SHIPPER shall provide COMPANY with the remittance detail in

writing within two days of payment. COMPANY shall apply such

payment in accordance with SHIPPER'S documentation. COMPANY'S

acceptance of a partial payment does not waive COMPANY'S right to

full payment after resolution of the disputed invoice in the

future. Should SHIPPER fail to pay any amount when due and

COMPANY and SHIPPER cannot resolve payment of amounts invoiced,

such that COMPANY is forced to take collection measures, interest

on the unpaid amount shall accrue at the rate equal to the rate

then set forth in Section 154.501 of the Commission's Regulations,

or successor provision for interest rate, from the date payment

was due until payment is made. COMPANY agrees to waive interest

charges on a late payment if such charge is not in excess of

$100.00 or if SHIPPER, through no fault of its own, fails to

receive its notice of invoice availability by the payment due date

and notifies COMPANY of such failure. If any such failure to make

payment continues for twenty (20) days or more, COMPANY may

suspend the further transportation of gas upon ten (10) days'

prior written notice to SHIPPER and the Commission, but the

exercise of such right shall be in addition to any other remedy

available to COMPANY; provided, however, that if SHIPPER, in good

faith, has disputed the amount of any such bills or parts thereof

and paid COMPANY in a timely manner such amounts as it concedes to

be correct and, at any time thereafter within thirty (30) days of

a demand made by COMPANY, shall furnish a good and sufficient

surety bond in an amount and with sureties satisfactory to COMPANY

conditioned upon the payment of any amounts ultimately found due

upon such bills after a final determination, which may be reached

either by agreement or judgment of the courts, as the case may be,

then COMPANY shall not be entitled to suspend further delivery of

gas unless and until default be made in the conditions on such

bond. In the event it is finally determined or agreed that no

payments were due from SHIPPER on such disputed bills, then

COMPANY will reimburse SHIPPER for the reasonable cost of

procuring the surety bond within ten (10) days after receipt of a

detailed invoice therefor from SHIPPER.