Common use of Statement of Account and Invoicing Clause in Contracts

Statement of Account and Invoicing. 1.1 Within twenty five (25) Business Days after the end of each Charging Period, the Company shall submit to the Service Provider a statement of account (the “Statement”) specifying: (i) the volume of Service provided, (ii) the Service Payments due in respect of that Charging Period; (iii) the Monthly Trip Charge due to the Company (if applicable in accordance with Section 3.7 of Schedule 2); and (iv) the Shortfall Charge due to the Company (if applicable in accordance with Clause 3.6). The Company shall use its reasonable endeavours to provide to the Service Provider such reasonable information as may be required to enable the Service Provider to verify the Service provided for that Charging Period. Such information shall be based on data from Meters and other systems the Company may use. If, following a Charging Period, the Company is unable to obtain all or part of the information necessary to prepare a Statement, in respect of that Charging Period, then the Company shall make such estimates as are necessary to prepare a Statement for the Charging Period and provide the Service Provider with the basis for such estimates. 1.2 Following confirmation by the Company of the actual Service provided and calculation of the correct payments due, then the Statement for the subsequent Charging Period will be revised up or down accordingly. 1.3 Within ten (10) Business Days after the date on which the Company submits to the Service Provider a Statement, the Service Provider shall either: (a) where the Service Provider agrees with the Statement’s accuracy, submit to the Company a written notice confirming the accuracy of the Statement; or (b) where the Service Provider disputes the Statement’s accuracy, submit to the Company a written notice setting out the alternative amount that the Service Provider, acting in good faith, believes is due in respect of the Charging Period, indicating whether it is an amount payable by the Service Provider or by the Company and specifying the grounds for claiming that such alternative amount is payable (the “Claim”). 1.4 Following submission of a written notice by the Service Provider in accordance with Section 1.3 (a) or (b), or ten (10) Business Days after the date on which the Company submits to the Service Provider a Statement, either: (a) the Company shall submit to the Service Provider an invoice for the same aggregate amount as is specified in the Statement if such is payable by the Service Provider to the Company; or (b) the Service Provider shall submit to Company an invoice for the same aggregate amount as is specified in the Statement if such amount is payable by the Company to the Service Provider. For the avoidance of doubt, the Service Provider or the Company (as applicable) is only permitted to issue an Invoice for the aggregate amount that is specified in the Statement. This does not prejudice the Service Provider's Claim for resettlement of disputed amounts. Any Claim under Section 1.3(b) shall be subject to the dispute resolution mechanism set out in Section 3 below. 1.5 The Service Provider shall be deemed to have agreed with the accuracy of the Statement if it fails to submit a Claim to the Company in accordance with Section 1.3.

Appears in 2 contracts

Samples: Low Carbon Inertia Service Agreement, Low Carbon Inertia Service Agreement

AutoNDA by SimpleDocs

Statement of Account and Invoicing. 1.1 Within twenty five (25) Business Days after the end of each Charging Period, the Company shall submit to the Service Provider a statement of account (the “Statement”) specifying: (i) the volume of Service DS3 System Service(s) provided,, and (ii) the Service DS3 System Services Payments due in respect of that Charging Period; (iii) the Monthly Trip Charge due to the Company (if applicable in accordance with Section 3.7 of Schedule 2); and (iv) the Shortfall Charge due to the Company (if applicable in accordance with Clause 3.6). The Company shall use its reasonable endeavours to provide to the Service Provider such reasonable information as may be required to enable the Service Provider to verify the Service DS3 System Services provided for that Charging Period. Such information shall be based on data from Meters and other systems the Company may use. If, following a Charging Period, the Company is unable to obtain all or part of the information necessary to prepare a Statement, in respect of that Charging Period, then the Company shall make such estimates as are necessary to prepare a Statement for the Charging Period and provide the Service Provider with the basis for such estimates. 1.2 Following confirmation by the Company of the actual Service DS3 System Services provided and calculation of the correct payments due, then the Statement for the subsequent Charging Period will be revised up or down accordingly. 1.3 Within ten (10) Business Days after the date on which the Company submits to the Service Provider a Statement, the Service Provider shall either: (a) where the Service Provider agrees with the Statement’s accuracy, submit to the Company an invoice for the same aggregate amount as is specified in the Statement (the “Invoice”) together with a written notice confirming the accuracy of the Statement; or (b) where the Service Provider disputes the Statement’s accuracy, submit to the Company a written notice setting out the alternative amount that an Invoice for such sum as the Service Provider, acting in good faith, believes is due in respect of the Charging Period, indicating whether it is an amount payable by the Service Provider or by the Company and specifying the grounds for claiming that such alternative amount is payable together with a written notice (the “Claim”). 1.4 Following submission ) specifying the sum disputed and the grounds of a written notice by the Service Provider in accordance with Section 1.3 (a) or (b), or ten (10) Business Days after the date on which the Company submits to the Service Provider a Statement, either: (a) the Company shall submit to the Service Provider an invoice for the same aggregate amount as is specified in the Statement if such is payable by the Service Provider to the Company; or (b) the Service Provider shall submit to Company an invoice for the same aggregate amount as is specified in the Statement if such amount is payable by the Company to the Service Providerdispute. For the avoidance of doubt, the Service Provider or the Company (as applicable) is only permitted to issue an Invoice for the aggregate amount that is specified in the Statement. This does not prejudice the Service Provider's Claim claim for resettlement of disputed amounts. Any Claim claim under this Section 1.3(b) 1.3 shall be subject to the dispute resolution mechanism set out in Section 3 below. 1.5 1.4 The Service Provider shall be deemed to have agreed with the accuracy of the Statement if it fails to submit a the Claim to the Company in accordance with Section 1.3. 1.5 Nothing in Sections 1.3 or 1.4 above shall prevent either Party from disputing information contained in or referred to in a Statement or an Invoice at any time where it is reasonable in all circumstances to do so, which includes in the case of fraud or manifest error. No dispute in respect of a Statement and/or invoice shall be raised after the first anniversary of the date of such Statement or Invoice.

Appears in 1 contract

Samples: Ds3 System Services Fixed Contracts Agreement

Statement of Account and Invoicing. 1.1 Within twenty five (25) Business Days after the end of each Charging Period, the Company shall submit to the Service Provider a statement of account (the “Statement”) specifying: (i) specifying the volume of costs for imported energy used while providing the Synchronous Compensation Service and any Start-up costs associated with the Synchronous Compensation Service provided,. (ii) the Service Payments due in respect of that Charging Period; (iii) the Monthly Trip Charge due to the Company (if applicable in accordance with Section 3.7 of Schedule 2); and (iv) the Shortfall Charge due to the Company (if applicable in accordance with Clause 3.6). 1.2 The Company shall use its reasonable endeavours to provide to the Service Provider such reasonable information as may be required to enable the Service Provider to verify the Synchronous Compensation Service provided for that Charging Period. Such information shall be based on data from Meters meters and other systems the Company may use. If, following a Charging Period, the Company is unable to obtain all or part of the information necessary to prepare a Statement, in respect of that Charging Period, then the Company shall make such estimates as are necessary to prepare a Statement for the Charging Period and provide the Service Provider with the basis for such estimates. 1.2 . Following confirmation by the Company of that the actual Synchronous Compensation Service has been provided and calculation of the correct payments due, then the Statement for the subsequent Charging Period will be revised up or down accordingly. 1.3 Within ten twenty (1020) Business Days after the date on which the Company submits to the Service Provider a Statement, the Service Provider shall either: (a) where the Service Provider agrees with the Statement’s accuracy, submit to accept the Self Billing Invoice from the Company a written notice confirming for the accuracy of same aggregate amount as is specified in the Statement; or (b) where the Service Provider disputes the Statement’s accuracy, acting in good faith, submit to the Company a written notice setting out the alternative amount that the Service Provider, acting in good faith, believes is due in respect of the Charging Period, indicating whether it is an amount payable by the Service Provider or by the Company and specifying the grounds for claiming that such alternative amount is payable (the “Claim”). 1.4 Following submission ) specifying the sum disputed and the grounds of a written notice by the Service Provider in accordance with Section 1.3 (a) or (b), or ten (10) Business Days after the date on which the Company submits to the Service Provider a Statement, either: (a) the Company shall submit to the Service Provider an invoice for the same aggregate amount as is specified in the Statement if such is payable by the Service Provider to the Company; or (b) the Service Provider shall submit to Company an invoice for the same aggregate amount as is specified in the Statement if such amount is payable by the Company to the Service Provider. For the avoidance of doubt, the Service Provider or the Company (as applicable) is only permitted to issue an Invoice for the aggregate amount that is specified in the Statement. This does not prejudice the Service Provider's Claim for resettlement of disputed amountsdispute. Any Claim under this Section 1.3(b) 1.3 shall be subject to the dispute resolution mechanism set out in Section 3 below. 1.5 1.4 The Service Provider shall be deemed to have agreed with the accuracy of the Statement if it fails to submit a the Claim to the Company in accordance with Section 1.3. 1.5 Nothing in Sections 1.3 or 1.4 above shall prevent either Party from disputing information contained in or referred to in a Statement or a Self Billing Invoice at any time where it is reasonable in all circumstances to do so, which includes in the case of fraud or manifest error. No dispute in respect of a Statement and/or Self Billing Invoice shall be raised after the first anniversary of the date of such Statement or Self Billing Invoice.

Appears in 1 contract

Samples: Synchronous Compensation Service Agreement

AutoNDA by SimpleDocs

Statement of Account and Invoicing. 1.1 Within twenty five (25) Business Days after the end of each Charging Period, the Company shall submit to the Service Provider a statement of account (the “Statement”) specifying: (i) the volume of Service provided, DS3 System Service(s) provided and (ii) the Service DS3 System Services Payments due in respect of that Charging Period; (iii) the Monthly Trip Charge due to the Company (if applicable in accordance with Section 3.7 of Schedule 2); and (iv) the Shortfall Charge due to the Company (if applicable in accordance with Clause 3.6). The Company shall use its reasonable endeavours to provide to the Service Provider such reasonable information as may be required to enable the Service Provider to verify the Service DS3 System Services provided for that Charging Period. Such information shall be based on data from Meters meters and other systems the Company may use. If, following a Charging Period, the Company is unable to obtain all or part of the information necessary to prepare a Statement, in respect of that Charging Period, then the Company shall make such estimates as are necessary to prepare a Statement for the Charging Period and provide the Service Provider with the basis for such estimates. 1.2 Following confirmation by the Company of the actual Service DS3 System Services provided and calculation of the correct payments due, then the Statement for the subsequent Charging Period will be revised up or down accordingly. 1.3 Within ten (10) Business Days after the date on which the Company submits to the Service Provider a Statement, the Service Provider shall either: (a) where the Service Provider agrees with the Statement’s accuracy, submit to the Company an invoice for the same aggregate amount as is specified in the Statement (the “Invoice”) together with a written notice confirming the accuracy of the Statement; or (b) where the Service Provider disputes the Statement’s accuracy, submit to the Company a written notice setting out the alternative amount that an Invoice for such sum as the Service Provider, acting in good faith, believes is due in respect of the Charging Period, indicating whether it is an amount payable by the Service Provider or by the Company and specifying the grounds for claiming that such alternative amount is payable together with a written notice (the “Claim”). 1.4 Following submission ) specifying the sum disputed and the grounds of a written notice by the Service Provider in accordance with Section 1.3 (a) or (b), or ten (10) Business Days after the date on which the Company submits to the Service Provider a Statement, either: (a) the Company shall submit to the Service Provider an invoice for the same aggregate amount as is specified in the Statement if such is payable by the Service Provider to the Company; or (b) the Service Provider shall submit to Company an invoice for the same aggregate amount as is specified in the Statement if such amount is payable by the Company to the Service Providerdispute. For the avoidance of doubt, the Service Provider or the Company (as applicable) is only permitted to issue an Invoice for the aggregate amount that is specified in the Statement. This does not prejudice the Service Provider's Claim claim for resettlement of disputed amounts. Any Claim claim under this Section 1.3(b) 1.3 shall be subject to the dispute resolution mechanism set out in Section 3 below. 1.5 1.4 The Service Provider shall be deemed to have agreed with the accuracy of the Statement if it fails to submit a the Claim to the Company in accordance with Section 1.3. 1.5 Nothing in Sections 1.3 or 1.4 above shall prevent either Party from disputing information contained in or referred to in a Statement or an Invoice at any time where it is reasonable in all circumstances to do so, which includes in the case of fraud or manifest error. No dispute in respect of a Statement and/or invoice shall be raised after the first anniversary of the date of such Statement or Invoice.

Appears in 1 contract

Samples: Ds3 System Services Fixed Contracts Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!