Bar on claims Clause Samples

Bar on claims. To the extent permitted by law, the Supplier will not have any right to make any Claim against Essential Energy and will be absolutely barred from making such a Claim, unless the Supplier gives to Essential Energy: (a) a written notice not later than 28 days after the circumstances on which the Claim is based first arises, that it intends to make a Claim; and (b) a further written notice within 28 days of the notice under clause 28(a) providing detailed particulars of the basis for and the quantification of the Claim sufficient to enable Essential Energy to make an informed assessment of the merits of the Claim, unless, in circumstances where another provision of these General Conditions or a Purchase Order Contract provides a procedure for the making of the Claim, the Supplier complies in all respects with the requirements in those other provisions (including as to time). Updates of the information required in the notice under clause 28(b) for a Claim based on ongoing events or circumstances shall be submitted by the Supplier to Essential Energy at weekly intervals until the events or circumstances have ceased.

Bar on claims. Except as provided for elsewhere in this Agreement, the Supplier shall not have any right to make a claim for money against GBSC arising out of the Works or the Agreement unless the Supplier gives to GBSC: a. a written notice not later than 7 days after the first occurrence of the circumstances on which the claim is based, that it intends to make a claim; and b. a further written notice within 7 days of the first notice providing detailed particulars of the basis for and the quantification of the claim.

Bar on claims. Unless the Contractor has: (a) either received a direction which complies with clause 15.2 or has delivered a notice in the form and within the time required by clause 15.3; and (b) submitted its final claim in respect of the work, the subject of the Variation in the form and within the time required by clause 15.4, the Contractor will have no Entitlement as a consequence of complying with any direction given by the Principal’s Representative, however this will not prevent the Principal’s Representative from reducing the Work Order Price in accordance with clause 16 by reason of the Variation direction. Under no circumstances will the Contractor have any Entitlement exceeding the amount of its final claim submitted in accordance with clause 15.4 Adjustments to the Work Order Price made in accordance with this Contract must be ascertained by the Principal’s Representative as follows: (a) to the extent that the parties have agreed the amount of the adjustment, then the amount agreed; (b) to the extent that this Contract provides for the amount of the adjustment, then that amount; (c) to the extent that the rates contained in schedule 3 apply, by applying those rates to the quantities properly supplied in accordance with this Contract, as measured by the Principal’s Representative; (d) if this Contract provides that the Contractor is entitled to delay costs under clause 17.5, by applying the delay costs which the Contractor can demonstrate that it has incurred up to the maximum rate in schedule 1; or (e) to the extent that clauses 16(a) to 16(d) do not apply, by arriving at a reasonable amount, having regard to any increase or decrease in the costs that have been or will be incurred by the Contractor, as determined by the Principal’s Representative.

Bar on claims. Except for the amounts payable under clause 23.3, after the earlier of: (a) the expiry of 20 Business Days after expiry of the last Warranty Period; and (b) the receipt of the Final Payment Claim, the Supplier is barred from making any further claim against the Purchaser in respect of the Contract, or the supply or Delivery of any Equipment, or any other aspect of the Work under the Contract, whether in contract, tort or otherwise, which has not been made.

Bar on claims. Unless the Supplier has: (a) either received a direction which complies with clause 11.1 or has delivered a notice with the details and within the time required by clause 11.2; and (b) submitted its final claim in respect of the Work under the Contract the subject of the Variation with the details and within the time required by clause 11.3, the Supplier will have no Entitlement as a consequence of complying with any direction given by the Purchaser’s Representative, however this will not prevent the Purchaser’s Representative from reducing the Contract Price in accordance with clause 16 by reason of the Variation direction. Under no circumstances will the Supplier have any Entitlement as a consequence of complying with any direction given by the Purchaser’s Representative exceeding the amount of the Supplier’s final claim submitted in accordance with clause 11.3.

Bar on claims. To the extent permitted by law, the Contractor will not have any right to make any Claim against Essential Energy and will be absolutely barred from making such a Claim, unless the Contractor gives to Essential Energy: a written notice not later than 28 days after the circumstances on which the Claim is based first arises, that it intends to make a Claim; and a further written notice within 28 days of the notice under clause 16(a) providing detailed particulars of the basis for and the quantification of the Claim sufficient to enable Essential Energy to make an informed assessment of the merits of the Claim, unless, in circumstances where another provision of these General Conditions or a TCTF Contract provides a procedure for the making of the Claim, the Contractor complies in all respects with the requirements in those other provisions (including as to time). Updates of the information required in the notice under clause 16(b) for a Claim based on ongoing events or circumstances shall be submitted by the Contractor to Essential Energy at weekly intervals until the events or circumstances have ceased.

Bar on claims. The Client is barred from making a claim against the Inspector by virtue of the Client’s