AXA PPP HEALTHCARE LIMITED

Standard contractual terms for goods and services is 30 days. Invoices for which no payment is required because they are covered completely by credit notes would not count as a payment for the purposes of the statistics about payments made (i.e. the average time taken to pay and the proportion paid within 30/60/61+ days), or payments due in the reporting period and the proportion of these paid within the agreed payment period.

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Any question or difference which may arise concerning the creation, construction, meaning, validity or effect of this Agreement, or any matter arising out of or in connection with this Agreement, shall in the first instance be referred to the AXA Representative and the Supplier Representative for discussion and resolution as soon as reasonably possible and, in any event, within fifteen (15) days of such referral.
If the matter is not resolved at this meeting, the dispute shall be escalated to the chief executive officer (or equivalent management position) of the parties as soon as reasonably possible and, in any event, within a further fifteen (15) days.
If the unresolved matter is having a serious effect on the Services, the parties shall use reasonable endeavours to reduce the elapsed time in completing the process. Neither party may initiate any legal action until the process has been completed, unless such party has reasonable cause to do so to avoid damage to its business or to protect or preserve any right of action it may have.
Any dispute which is not resolved after being escalated by the parties under Clause 39.2 may, at the request of either party to the other (the "Request"), be referred to mediation in accordance with the Centre for Dispute Resolution Mediation Procedure as follows: -
- the mediation shall be conducted by a single mediator who shall be appointed by agreement in writing between the parties or, if the parties are unable to agree on the identity of the mediator within five (5) Business Days after the date of the Request, or if the mediator nominated by the parties for appointment is or becomes unable or unwilling to act, the mediator shall be appointed by the Centre for Dispute Resolution on the application of either party;
- the mediation shall be conducted in London and in the English language.
- save for the purposes of implementing and/or enforcing a written legally binding settlement agreement or as otherwise required by law, the mediation shall be conducted without prejudice to the rights of the parties in any future proceedings; and
- the costs of the mediation, including the fees and expenses of the mediator (but excluding the parties' own costs, which shall be borne by the party incurring those costs), shall be borne equally by the parties, unless otherwise agreed in writing in the settlement agreement.
If a dispute is referred to mediation, then unless both parties have accepted the decision of the mediator or otherwise agreed to resolve the dispute, within twenty-eight (28) days of the final decision of the mediator having been delivered to the parties, the Dispute Resolution Procedure shall be deemed exhausted in respect of the dispute in question.