Common use of Undercharging and Overcharging Clause in Contracts

Undercharging and Overcharging. (a) If we undercharge you due to an act or omission by us (including where the meter has been found to be defective), we can require you to make a correcting payment and we will offer you the option to pay the correcting payment by instalments. In any event: (i) we will only require you to make a correcting payment for amounts undercharged in the 12 months prior to the date that we advise you that you have been undercharged; and (ii) we will notify you of the correcting payment no later than your next bill after we become aware of the undercharge, and we will list the correcting payment separately in that next bill, together with an explanation of the basis on which that amount was calculated; and (iii) we will not charge you interest on the correcting payment or require (b) If we overcharge you due to an act or omission by us (including where the meter has been found to be defective), then: (i) we will use our best endeavours to tell you that we have overcharged you within 10 business days of becoming aware; and (ii) we will ask your instructions as to whether to credit the amount to your account or have the amount repaid to you, unless the amount is less than $100, in which case we will credit it to your account; and (iii) we will not pay you interest on the amount we overcharged you; and (iv) the 12 month limit referred to in clause 7.2(a)(i)does not apply to amounts that we have overcharged you. You must give us your instructions for crediting or repaying an amount under clause 7.2(b)(ii) within five or, if you are a pre-payment meter customer, within 20, business days of us asking you. If you don't, we will credit the amount to your account. (c) If we overcharge you and you owe us a debt, we may after providing notice to you, use the amount you have been overcharged to set off the debt you owe us, in accordance with clause 4.8 of this contract, provided that you are not experiencing financial hardship. If, after the set off, there remains an amount of credit to you, we will deal with it in accordance with clause 7.2(b).

Appears in 2 contracts

Samples: Standard Form Contract, Standard Form Contract

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Undercharging and Overcharging. (a) If we undercharge you due to an act or omission by us (including where the meter has been found to be defective)for any reason, we can require you to make a correcting payment payment. However, if you are a customer who consumes not more than 160 megawatt hours of electricity per annum and we will offer you the option to pay the correcting payment by instalments. In any eventwe: (i1) we will undercharge you; or (2) are required to adjust the bill in accordance with the code of conduct, (3) only require you to make a correcting payment for amounts undercharged in the 12 months prior to the date that we advise you that you have been undercharged; and (ii) we will notify you of the correcting payment , which must be no later than your the next bill after we become aware of the undercharge, and we will list the correcting payment separately in that next bill, together with charging; (4) provide an explanation of the basis on which that the undercharging amount was calculated; and; (iii5) we will not charge you interest on the amount of the undercharge or a fee for late payment unless you fail to pay the amount by the due date and do not enter into a payment plan agreed with us for that amount and in that case we may do either but not both of these things; and (6) if you are a residential customer, offer you the option to pay the correcting payment or requireby instalments. (b) If clause 7.2 (a) applies to you and we undercharge you and we were denied access to the meter at the premises for more than 12 months, then the 12 month time limitation in clause 7.2(a)(3) does not apply. (c) If you are a customer who consumes more than 160 megawatt hours of electricity per annum, then we can recover the amount of any undercharge subject to and in accordance with applicable laws. (d) If we overcharge you due to an act error, defect or omission by us default for which we are responsible (including where the meter has been found to be defectivedefective not due to your breach of this contract), then: , in accordance with the code of conduct (iwhere applicable to you) and subject to clause 22, we will use our best endeavours to tell notify you that we have overcharged you within 10 business days of becoming aware; and (ii) we will ask and seek your instructions as to whether to credit the overcharged amount to your account or have the overcharged amount repaid to you, unless . If the amount of the overcharge is less than $100, or if we do not hear from you in which case we will credit it relation to your account; and (iii) preferences for crediting or repayment within 5 business days of making the request, we will not pay you interest on may credit the amount we overcharged to your next bill instead of having the amount repaid to you; and (iv) the 12 . The 12-month limit referred to in clause 7.2(a)(i)does 7.2(a) does not apply to amounts that we have overcharged you. You must give us your instructions for crediting or repaying an amount under clause 7.2(b)(ii) within five or, if you are a pre-payment meter customer, within 20, business days of us asking you. If you don't, we will credit the amount to your account. (ce) If we overcharge you and you owe us a debt, we may after providing written notice to you, use the amount you have been overcharged to set off the debt you owe us, in accordance with clause 4.8 of this contract, us provided that you are not experiencing payment difficulties or financial hardship. If, after the set off, there remains an amount of credit to you, we will deal with it in accordance with clause 7.2(b7.2(c).

Appears in 2 contracts

Samples: Electricity Contract, Standard Electricity Contract

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Undercharging and Overcharging. 12.1 Undercharging have not made alternative arrangements with your distributor. 9.3 Estimating the energy usage (a) We may estimate the amount of energy consumed at your premises if your meter cannot be read, if your metering data is not obtained (for example, if access to the meter is not given or the meter breaks down or is faulty), or if you otherwise give us your explicit informed consent to do so. (b) If we undercharge you due estimate the amount of energy consumed at your premises to an act or omission by us (including where the meter has been found to be defective)calculate a bill, we can require you to make a correcting payment and we will offer you the option to pay the correcting payment by instalments. In any eventmust: (i) we will only require you to make a correcting payment for amounts undercharged in clearly state on the 12 months prior to the date bill that we advise you that you have been underchargedit is based on an estimation; and (ii) we will notify you of when your meter is later read, adjust your bill for the correcting payment no later than your next bill after we become aware of difference between the undercharge, estimate and we will list the correcting payment separately in that next bill, together with an explanation of the basis on which that amount was calculated; and (iii) we will not charge you interest on the correcting payment or require (b) If we overcharge you due to an act or omission by us (including where the meter has been found to be defective), then: (i) we will use our best endeavours to tell you that we have overcharged you within 10 business days of becoming aware; and (ii) we will ask your instructions as to whether to credit the amount to your account or have the amount repaid to you, unless the amount is less than $100, in which case we will credit it to your account; and (iii) we will not pay you interest on the amount we overcharged you; and (iv) the 12 month limit referred to in clause 7.2(a)(i)does not apply to amounts that we have overcharged you. You must give us your instructions for crediting or repaying an amount under clause 7.2(b)(ii) within five or, if you are a pre-payment meter customer, within 20, business days of us asking you. If you don't, we will credit the amount to your accountenergy actually used. (c) If the later meter read shows that you have been undercharged, we overcharge will allow you to pay the undercharged amount in instalments, over the same period of time during which the meter was not read (if less than 12 months), or otherwise over 12 months. (d) If the meter has not been read due to your actions, and you owe request us to replace the estimated bill with a debtbill based on an actual reading of the meter, we will comply with your request but may charge you any cost we incur in doing so. 9.4 Your historical billing information Upon request, we must give you information about your billing history for the previous 2 years free of charge. However, we may after providing notice charge you if we have already given you this information in the previous 12 months, or if you require information going back more than 2 years. 9.5 Bill smoothing We may, where you agree, arrange for you to youpay your bills under a bill smoothing arrangement, use the amount you have been overcharged to set off the debt you owe us, in accordance with clause 4.8 which is based on a 12 monthly estimate of this contract, provided that you are not experiencing financial hardship. If, after the set off, there remains an amount of credit to you, we will deal with it in accordance with clause 7.2(b)your energy consumption.

Appears in 1 contract

Samples: Standard Retail Contract

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