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.