ATLANTIC RESOURCING LIMITED

Standard PO Terms are 30 days

31. RESOLUTION OF DISPUTES
31.1 Any dispute between the PARTIES in connection with or arising out of the CONTRACT or the WORK shall be resolved by means of the following procedure:
(a) the dispute shall initially be referred, by means of a formal notice containing the information set out in clause 31.5 and served in accordance with clause 29.6, to the COMPANY REPRESENTATIVE and CONTRACTYOR REPRESENTATIVE who shall discuss the matter in dispute and make all reasonable efforts to reach an agreement;
(b) if no agreement is reached under Clause 31.1(a) above within forty (40) days of the service of such formal notice, the dispute shall be referred to the two persons named in Appenix 1 to Section I – Form of Agreement. Such persons are nominated one by the COMPANY and one by the CONTRACTOR. Such persons may be replaced by the PARTY which nominated them by notice to the other PARTY;
(C) if no agreement is reached under Clause 31.1(b) above within twenty (20) days of expiry of t he period referred to in Clause 31.1(b) (that is, within sixty (60) days of the service of the forma notice referred to at Clause 31.1 (a)), the dispute shall be referred to an appropriate Senior Executive of each of the PARTIES who shall met to discuss the matter in dispute within twenty (20) days of expiry of the period referred to in this Clause 31.1(c) (that is, within eighty (80) days of the service of the forma notice referred to at Clause 31.1(a)).
31.2 if no agreement is reached within twenty (20 days of expiry of the period referred to in Clause 31.1(c) (that is, within eighty (80) days of the service of the formal notice referred to at Clause31.1(a)), the PARTIES may attempt to settle the dispute by a form of Alternative Dispute Resolution to be agreed between the PARTIES.
31.3 In the absence of any agreement being reached on a particular dispute within twenty (20) days of expiry of the period referred to in clause 31.1(c) (that is, within eighty (80) days of the service of the formal notice referred to at Clause 31.1(a)), either PARTY may, subject to Clause 31.1, take appropriate action in the Courts to resolve the dispute at any time.
31.4 It shall be a condition precedent to the referral of a dispute to the Courts under Clause 31.3 that the PARTY which intends to commence proceedings in relation to the dispute has used its reasonable endeavours to follow and complete the procedures set out in Clauses 31.1(a), (b) and (c).
31.5 Where any claim or counter claim is connection with or arising out of the CONTRACT is made, the PARTY making the claim of counter claim shall ensure that such claim or counter claim contains, without limitation, the following information:
(a) a clear summary of the facts on which the claim or counter claim is based; and
(b) the basis on which the claim or counter claim is made, including the principal contractual terms and/or statutory terms relied on; and
(c) the nature of the relief claimed; and
(d) where a claim or counter claim has been made previously and rejected by the other PARTY, and the PARTY making the claim or counter claim is able to identify the reason(s) for such rejection, the grounds of belief as to why the claim or counter claim is wrongly rejected.
31.6 Whilst any matter or matters are in dispute, the ONTRACTOR shall proceed with the execution and completion of the WORK and both PARTIES shall comply with all the provisions on the CONTRACT.