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4.7 |
Billing Disputes
In the event Customer disputes any charges billed by the Company, Customer
may withhold from payment to the Company the disputed portion of any billing
pending resolution of the dispute, provided Customer submits to the Company
an itemized statement in writing which identifies the disputed charges
and reasonably explains the basis of the dispute. Customer's explanation
must be received by the Company within ten (10) days of the bill date of
the disputed bill. Failure to comply with this requirement shall mean the
bill is deemed to be correct and all amounts are due and owing the Company.
The Company shall resolve the dispute within thirty (30) days of receipt
of the Customer's statement. The Company will review the Customer's statement
and make a determination of whether any billing adjustment should be made
into Customer's account. In making such determination the Company will
consider all relevant and credible information provided by Customer as
well as any other information reasonably available to the Company. The
burden of proof to establish any right to billing adjustments in Customer's
favor shall be solely upon Customer.
In the event Customer does not agree with the initial determination
by the Company relating to amounts in dispute and adjustments, if any,
which the Company may agree to make, Customer shall so advise the Company
and within ten (10) days following the Company's initial determination
shall submit to the Company any additional information which Customer deems
pertinent or relevant to the dispute. Within twenty (20) days of the Company's
receipt of additional information, the Company shall make its final determination
based upon all documentation or information available to the Company. In
the event the Company lacks credible evidence to substantiate Customer's
position after a reasonable review of and consideration of such information
available, the Company shall notify Customer and, if the Company determines
that all or any portion of such disputed amount is still owed, Customer
shall be required to tender payment of such amount within ten (10) days
thereafter. If Customer withholds the disputed amount thereafter, or within
the time required, fails to provide supporting information in writing which
sets out a legitimate basis under this tariff for disputing any charges,
Customer's account shall be deemed to be past due and unpaid. In such event,
the Company shall be entitled to deny Customer's service immediately and/or
require an additional deposit.
If the billing dispute is resolved in favor of the Company, any payments
withheld pending resolution of the dispute shall be subject to a late payment
fee of 1.5 percent per month for the period during which such charges remain
unpaid.
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