Common use of Overcharging and undercharging Clause in Contracts

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) Where JGN the Service Provider 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 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, JGN the Service Provider 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 the Service Provider (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) Where JGN ActewAGL 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 Gas Law and any relevant contracts and has used reasonable endeavours to recover the relevant charges in accordance with its rights at Law 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 ActewAGL 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 ActewAGL 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 ActewAGL (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) Where JGN Evoenergy 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 Law and any relevant contracts and has used reasonable endeavours to recover the relevant charges in accordance with its rights at Law 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 Evoenergy 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 Evoenergy 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 Evoenergy (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 yearshave elapsed since the date of the relevant invoice.

Overcharging and undercharging. (a) Where JGN Evoenergy has: (i) undercharged or not charged a User, the User is not obliged to pay the correct amount pursuant to clause 20.9(b18.9(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 Law and any relevant contracts and has used reasonable endeavours to recover the relevant charges in accordance with its rights at Law 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 Evoenergy 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 Evoenergy 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 18.6 from the date of payment by the User or the date of invoice by JGN Evoenergy (whichever is applicable), to the date of payment or refund under this clause 20.9 18.9 (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 years have elapsed since the date of the relevant invoice.

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(b18.9(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 18.6 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 18.9 (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 calendar years have elapsed since the date of the relevant invoice.

Overcharging and undercharging. (a) Where JGN Evoenergy 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 Law and any relevant contracts and has used reasonable endeavours to recover the relevant charges in accordance with its rights at Law 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 Evoenergy 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 Evoenergy 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 Evoenergy (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 years have elapsed since the date of the relevant invoice.

Overcharging and undercharging. ‌ (a) Where JGN ActewAGL 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 Gas Law and any relevant contracts and has used reasonable endeavours to recover the relevant charges in accordance with its rights at Law 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:either:‌ (i) JGN ActewAGL 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 ActewAGL 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 ActewAGL (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) Where JGN ActewAGLEvoenergy 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 Gas Law and any relevant contracts and has used reasonable endeavours to recover the relevant charges in accordance with its rights at Law 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 ActewAGLEvoenergy 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 ActewAGLEvoenergy 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 ActewAGLEvoenergy (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 years cCalendar yYears have elapsed since the date of the relevant invoice.

Overcharging and undercharging. ‌ (a) Where JGN Evoenergy 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 Law and any relevant contracts and has used reasonable endeavours to recover the relevant charges in accordance with its rights at Law 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:either:‌ (i) JGN Evoenergy 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 Evoenergy 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 Evoenergy (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 years have elapsed since the date of the relevant invoice.

Overcharging and undercharging. (a) Where JGN the Service Provider has: (i) undercharged or not charged a User, the User is not obliged to pay the correct amount pursuant to clause 20.9(b22.8(b) to the extent the User is precluded by law from recovering those charges from its customers customers; and (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, 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 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, JGN the Service Provider 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 22.5 from the date of payment by the User or the date of invoice by JGN the Service Provider (whichever is applicable), to the date of payment or refund under this clause 20.9 22.8 (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. (e) 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.