Common use of Back Billing Clause in Contracts

Back Billing. Minor adjustments to a Customer’s ▇▇▇▇, such as an estimated ▇▇▇▇ or an equal payment plan billing, do not require back-billing treatment. (a) Back-billing means the re-billing by the Utility for Energy Services rendered to a Customer because the original ▇▇▇▇▇▇▇▇ were discovered to be either too high (over-billed) or too low (under-billed). The discovery may be made by either the Customer or the Utility. The cause of the billing error may include any of the following non-exhaustive reasons or combination thereof: (i) stopped meter; (ii) metering equipment failure; (iii) inaccurate meter, as determined pursuant to Section 7; (iv) switched meters; (v) double metering; (vi) incorrect meter connections; (vii) incorrect use of any prescribed apparatus respecting the registration of a meter; (viii) incorrect meter multiplier; (ix) the application of an incorrect rate; (x) incorrect reading of meters or data processing; or (xi) tampering, fraud, theft or any other criminal act. (b) Where the Customer requests that the meter be tested, the provisions of Section 7 will apply in addition to those set forth in this Section. (c) Where metering or billing errors occur and the Customer does not request that the meter be tested, the consumption and demand will be based on the records of the Utility for the Customer or on the Customer’s own records to the extent they are available and accurate or, if not available, on reasonable and fair estimates made by the Utility. Such estimates will be on a consistent basis within each Customer class or according to a contract with the Customer, if applicable. (d) If there are reasonable grounds to believe that the Customer has tampered with or otherwise used the Thermal Energy or any component of the Thermal Energy System in an unauthorized way, or there is evidence of fraud, theft or another criminal act, back-billing will be applied for the duration of the unauthorized use, subject to the applicable limitation period provided by law, and the provisions of paragraphs (g), (h), (i) and (j) below will not apply. In addition, the Customer is liable for the direct (unburdened) administrative costs incurred by the Utility in the investigation of any incident of tampering, including the direct costs of repair, or replacement of equipment. Under-billing resulting from circumstances described in this paragraph (d) will bear interest at the rate specified in the Application for Service on unpaid accounts from the date of the original under-billed invoice until the amount under-billed is paid in full. (e) In every case of under-billing or over-billing, the cause of the error will be remedied without delay, and the Customer will be promptly notified of the error and of the effect on the Customer’s ongoing ▇▇▇▇. (f) In every case of over-billing, the Utility will refund to the Customer all money incorrectly collected for the duration of the error, subject to the applicable limitation period provided by law. Simple interest, computed at the short-term bank loan rate applicable to the Utility on a monthly basis, will be paid to the Customer. (g) Subject to paragraph (d) above, in every case of under-billing, the Utility will back-▇▇▇▇ the Customer for the shorter of: (i) the duration of the error; or (ii) one year, or as otherwise agreed by the Customer and the Utility in writing. (h) Subject to paragraph (d) above, in every case of under-billing, the Utility will offer the Customer reasonable terms of repayment. If requested by the Customer, the repayment term will be equivalent in length to the back-billing period. The repayment will be interest free and in equal instalments corresponding to the normal billing cycle. Delinquency in payment of such instalments will be subject to the usual late payment charges. (i) Subject to paragraph (d) above, if a Customer disputes a portion of a back-billing due to under-billing based upon either consumption, demand or duration of the error, the Utility will not threaten or cause the discontinuance of Energy Services for the Customer’s failure to pay that portion of the back-billing, unless there is no reasonable ground for the Customer to dispute that portion of the back-billing. The undisputed portion of the ▇▇▇▇ will be paid by the Customer and the Utility may threaten or cause the discontinuance of Energy Services if such undisputed portion of the ▇▇▇▇ is not paid. (j) Subject to paragraph (d) above, in all instances of back-billing where changes of occupancy have occurred, the Utility will make a reasonable attempt to locate the former Customer. If, after a period of one year, such Customer cannot be located, the over-billing or under-billing applicable to them will be cancelled.

Back Billing. Minor adjustments to a Customer’s ▇▇▇▇bill, such as an estimated ▇▇▇▇ bill or an equal payment plan billing, do not require back-billing treatment. (a) Back-billing means the re-billing by the Utility for Energy Services rendered to a Customer because the original ▇▇▇▇▇▇▇▇ were discovered to be either too high (over-billed) or too low (under-billed). The discovery may be made by either the Customer or the Utility. The cause of the billing error may include any of the following non-exhaustive reasons or combination thereof: (i) stopped meter; (ii) metering equipment failure; (iii) inaccurate meter, as determined pursuant to Section 7; (iv) switched meters; (v) double metering; (vi) incorrect meter connections; (vii) incorrect use of any prescribed apparatus respecting the registration of a meter; (viii) incorrect meter multiplier; (ix) the application of an incorrect rate; (x) incorrect reading of meters or data processing; or (xi) tampering, fraud, theft or any other criminal act. (b) Where the Customer requests that the meter be tested, the provisions of Section 7 will apply in addition to those set forth in this Section. (c) Where metering or billing errors occur and the Customer does not request that the meter be tested, the consumption and demand will be based on the records of the Utility for the Customer or on the Customer’s own records to the extent they are available and accurate or, if not available, on reasonable and fair estimates made by the Utility. Such estimates will be on a consistent basis within each Customer class or according to a contract with the Customer, if applicable. (d) If there are reasonable grounds to believe that the Customer has tampered with or otherwise used the Thermal Energy or any component of the Thermal Energy System in an unauthorized way, or there is evidence of fraud, theft or another criminal act, back-billing will be applied for the duration of the unauthorized use, subject to the applicable limitation period provided by law, and the provisions of paragraphs (g), (h), (i) and (j) below will not apply. In addition, the Customer is liable for the direct (unburdened) administrative costs incurred by the Utility in the investigation of any incident of tampering, including the direct costs of repair, or replacement of equipment. Under-billing resulting from circumstances described in this paragraph (d) will bear interest at the rate specified in the Application for Service on unpaid accounts from the date of the original under-billed invoice until the amount under-billed is paid in full. (e) In every case of under-billing or over-billing, the cause of the error will be remedied without delay, and the Customer will be promptly notified of the error and of the effect on the Customer’s ongoing ▇▇▇▇bill. (f) In every case of over-billing, the Utility will refund to the Customer all money incorrectly collected for the duration of the error, subject to the applicable limitation period provided by law. Simple interest, computed at the short-term bank loan rate applicable to the Utility on a monthly basis, will be paid to the Customer. (g) Subject to paragraph (d) above, in every case of under-billing, the Utility will back-▇▇▇▇ back-bill the Customer for the shorter of: (i) the duration of the error; or (ii) one year, or as otherwise agreed by the Customer and the Utility in writing. (h) Subject to paragraph (d) above, in every case of under-billing, the Utility will offer the Customer reasonable terms of repayment. If requested by the Customer, the repayment term will be equivalent in length to the back-billing period. The repayment will be interest free and in equal instalments corresponding to the normal billing cycle. Delinquency in payment of such instalments will be subject to the usual late payment charges. (i) Subject to paragraph (d) above, if a Customer disputes a portion of a back-billing due to under-billing based upon either consumption, demand or duration of the error, the Utility will not threaten or cause the discontinuance of Energy Services for the Customer’s failure to pay that portion of the back-billing, unless there is no reasonable ground for the Customer to dispute that portion of the back-billing. The undisputed portion of the ▇▇▇▇ bill will be paid by the Customer and the Utility may threaten or cause the discontinuance of Energy Services if such undisputed portion of the ▇▇▇▇ bill is not paid. (j) Subject to paragraph (d) above, in all instances of back-billing where changes of occupancy have occurred, the Utility will make a reasonable attempt to locate the former Customer. If, after a period of one year, such Customer cannot be located, the over-billing or under-billing applicable to them will be cancelled.