Overcharging and undercharging. (a) Where JGN has:
(i) undercharged or not charged a User, the User is not obliged to pay the correct amount pursuant to clause 20.9(b) to the extent the User is precluded by law from recovering those charges from its customers provided that the User has complied with the requirements of all applicable Laws and any relevant contracts and has used reasonable endeavours to recover the relevant charges in accordance with its rights at Law or under a relevant contract;
(ii) overcharged a User, the User may seek to recover the correct amount to the extent permitted by law and pass those charges through to its customers.
(b) If the User has been overcharged or undercharged under this Agreement and the User has paid an invoice containing the overcharge or the undercharge, then the Parties must agree on the correct amount payable and either:
(i) JGN will credit or debit that difference to the User in the next invoice as appropriate; or
(ii) within 5 Business Days of the Parties agreeing on the correct amount payable, JGN will refund the User or the User must pay the difference as appropriate.
(c) If the Party to whom the amount is owed so requires, the amount will include interest in accordance with clause 20.6 from the date of payment by the User or the date of invoice by JGN (whichever is applicable), to the date of payment or refund under this clause 20.9 (whichever is applicable) (both inclusive).
(d) A Party may not claim from the other Party any amount overcharged or undercharged if more than 2 Calendar Years have elapsed since the date of the relevant invoice.
Overcharging and undercharging a) If you are overcharged, we’ll let you know and refund you the overcharged amount (without interest) in accordance with the Relevant Regulations. If we are required to refund you an overcharged amount, you can choose whether we make the refund as a credit to your account or a payment directly to you (except where the amount of the refund is less than $100, in which case we will automatically credit the amount to your account).
b) If you are undercharged (which includes if you are not charged at all), we may recover from you some or all of the amount owed to us in accordance with the Relevant Regulations. We’ll let you pay us over a period matching how long we undercharged you. If the undercharge is a result of our error, the amount we can recover is capped at the amount undercharged over the 12 months up until the date we told you about the undercharge. The correcting payment will be shown as a separate item on your bill with an explanation.
c) If we have undercharged you as a result of fraud by you or use of gas otherwise than in accordance with this contract, we may take action against you.
Overcharging and undercharging. (a) If We overcharge You as a result of an error, defect or default for which We or the Network Operator are responsible (including where a Meter has been found to be defective) or otherwise as a result of basing a bill on estimated energy data then:
(i) If the amount overcharged is less than $100, we will credit the amount to your next bill; or
(ii) If the amount overcharged is $100 or more, We will use Our best endeavours to notify You within 10 Business Days after discovering the overcharging, and:
(A) if You owe Us a debt, after providing notice to You, We may use the correcting refund owed to You reflecting the overcharged amount to set off the debt You owe Us provided We do not consider You are experiencing Financial Hardship; and
(B) if after any set off in accordance with clause 7.5(a)(ii)(A), there remains an amount of the correcting refund of $100 or more, We will ask You for instructions as to whether the remaining amount of the correcting refund is applied as a credit to the account or a payment directly to You. If You do not provide instructions within 5 Business Days or the remaining amount of a correcting refund is less than $100, We will use reasonable endeavours to credit the remaining amount to Your next Bill.
(b) If We undercharge You, other than as a result of You denying access, or failing to provide safe access, to the Meter at the Supply Address for more than 12 months, then You will be required to make a correcting payment of the undercharged amount and:
(i) the correcting payment will only relate to errors in the 12 months prior to the date on which We notified You that the undercharging had occurred;
(ii) We will notify You of the amount of the correcting payment together with an explanation of the basis of which that amount was calculated; and
(iii) We will not charge interest or a late payment fee on the correcting payment unless permitted under the Customer Service Code.
(c) If We undercharge You as a result of You denying access, or failing to provide safe access, to the Meter at the Supply Address for more than 12 months, We will notify You of the undercharged amount no later than Your next Bill and You are required to make the correcting payment of the undercharged amount (including any interest and other Fees that We are entitled to recover).
(d) If you are paying the Residential Price, You can choose to pay a correcting payment payable under clause 7.5(b) by means of a Payment Plan without interest in accordance with the C...
Overcharging and undercharging. (a) If We overcharge You as a result of an error, defect or default for which We or the Network Operator are responsible (including where a Meter has been found to be defective) then:
(i) We will use best endeavours to notify You within 10 Business Days after discovering the overcharging and give a correcting refund (without interest); and
(ii) You can choose whether the correcting refund is a credit to the account or a payment directly to You (except where the amount of a correcting refund is less than $100, in which case We will automatically credit the amount to the account).
(b) If We undercharge You as a result of an error, defect or default for which We or the Network Operator are responsible (including where a Meter has been found to be defective) then:
(i) the correcting payment will only relate to errors up to 12 months before the most recent Bill;
(ii) the correcting payment will be shown as a separate item in the Bill with an explanation; and
(iii) We will not charge interest on the correcting payment. You can choose to pay the correcting payment by instalments. We will not charge interest on the instalments.
Overcharging and undercharging a) If you are overcharged, we’ll let you know and refund you the overcharged amount (without interest) in accordance with the Relevant Regulations. If we are required to refund you an overcharged amount, you can choose whether we make the refund:
i. as a credit on your next bill;
ii. as a payment directly to a bank account nominated by you; or
iii. if the overcharge arose as part of a prior bill smoothing arrangement, as a credit included as a part of a new bill smoothing arrangement, (except where the amount of the refund is less than $100, in which case we will automatically credit the amount to your next bill).
Overcharging and undercharging. (a) If Xxxxxx Energy overcharges the Customer as a result of an error, defect or default for which Xxxxxx Energy or the Network Operator is responsible (including where a Meter has been found to be defective) then:
(1) Xxxxxx Energy will use best endeavours to tell the Customer within ten Business Days after discovering the overcharging; and
(2) Ask for instructions from the Customer as to whether that amount should be credited to the Customer’s account or refunded directly to the Customer (except where the amount of a correcting refund is less than $100, in which case Xxxxxx Energy will automatically credit the amount to the account). If Xxxxxx Energy receives instructions in accordance with clause 6.4(a)(2), Xxxxxx Energy must comply with the Customer’s instructions within 12 Business Days. If Xxxxxx Energy does not receive instructions from the Customer within 5 Business Days of the request, Xxxxxx Energy must use best endeavours to credit the amount overcharged to the Customer’s account.
(b) If Xxxxxx Energy undercharges the Customer as a result of an error, defect or default for which Xxxxxx Energy or the Network Operator is responsible (including where a Meter has been found to be defective) then:
(1) the correcting payment will only relate to errors up to 12 months before the date Xxxxxx Energy notified the Customer of the undercharge; and
(2) the correcting payment will be shown as a separate item in the Bill with an explanation; and
(3) Xxxxxx Energy will not charge interest on the correcting payment.
(c) The Customer can choose to pay the correcting payment by instalments. Xxxxxx Energy will not charge interest on the instalments.
Overcharging and undercharging. (a) If the User has been overcharged or undercharged under this Agreement and the User has paid an invoice containing the overcharge or the undercharge, then the Parties must agree on the correct amount payable and either:
(i) the Service Provider will credit or debit that difference to the User in the next invoice as appropriate; or
(ii) within 5 Business Days of the Parties agreeing on the correct amount payable, the Service Provider will refund the User or the User must pay the difference as appropriate.
(b) If the Party to whom the amount is owed so requires, the amount will include interest in accordance with clause 22.5 from the date of payment by the User or the date of invoice by the Service Provider (whichever is applicable), to the date of payment or refund under this clause 22.8 (whichever is applicable) (both inclusive).
(c) A Party may not claim from the other Party any amount overcharged or undercharged if more than 2 Calendar Years have elapsed since the date of the relevant invoice.
(d) Nothing in this clause 22.8 is intended to exclude the operation of the Network Code. If there is any inconsistency between this clause 22.8 and the Network Code, the provisions of the Network Code will prevail.
Overcharging and undercharging. (a) Where the Service ProviderJGN has:
(i) undercharged or not charged a User, the User is not obliged to pay the correct amount pursuant to clause 20.9(b)19.9
(b) to the extent the User is precluded by law from recovering those charges from its customers provided that the User has complied with the requirements of all applicable Laws and any relevant contracts and has used reasonable endeavours to recover the relevant charges in accordance with its rights at Law or under a relevant contract;
Overcharging and undercharging. As currently drafted Clauses 22.8(c) is inconsistent with the Network Code for Small Retail Customers. While JGN are obviously aware of it and have used Clause 22.8(d) to clarify it, EnergyAustralia believes the Agreement should be drafted to be consistent with the Network Code.
Overcharging and undercharging. If We overcharge You as a result of an error, defect or default for which We or the Network Operator are responsible (including where a Meter has been found to be defective) then:
