Common use of Overcharging and undercharging Clause in Contracts

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 Customer Service Code. (e) If Your account is in credit when We issue You a final Bill, unless You owe a debt to Us, We will: (i) ask You for instructions as to whether the credit should be transferred to another account You have or will have with Us, or a bank account that You nominate; and (ii) transfer the amount of credit in accordance with your instructions within 12 Business Days and in accordance with the Customer Service Code. (f) If Your account is in credit when We issue You a final Xxxx and You owe a debt to Us, We may after giving notice to You, use the credit to set off the debt You owe Us.