AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination

10. HAZARDOUS APPROACH TO JOB SITE

10.1 Hazardous Approach

(a) You shall have the right to refuse to enter upon ground which you consider unsafe or hazardous. If you do refuse entry and the delivery is completed on that day by other vehicles without the use of additional equipment then you shall not be paid for the delivery or return cartage unless the load has been diverted to another job in which case your delivery to the alternate location shall be paid as if it were a new delivery from the plant where batched to the alternate location.

(b) If you have notified the plant of the unsafe or hazardous job site and/or approach but attempt unsuccessfully to enter, you shall be paid the utilisation rate as if the delivery had been successful even if the delivery is ultimately completed, as stated in Clause 10.1(a).

(c) In all cases if you refuse to enter and the delivery is not completed on that day without the use of additional equipment you will be paid the total cartage rate to the job site plus return cartage if the load is returned to the plant if instructed by Boral, unless the load is diverted to an alternate location in which you will be paid in accordance with Clause 4.15 Diverted Loads.

10.2 Bogged Vehicles

(a) Where you go beyond the kerb to complete a delivery and your vehicle becomes bogged or is otherwise rendered inoperative as a consequence of such attempted delivery, Boral shall arrange the services of an experienced salvage contractor to extricate the vehicle as soon as practicable and shall bear all costs for those arrangements.

(b) Boral shall ensure that the salvage contractor selected is covered by the appropriate insurance policy to rectify any damage that the salvage contractor may cause to your vehicle during the extrication process.

(c) Provided further that the provisions of Clause 10.2(a) and (b) shall not apply where the vehicle becomes inoperative as direct result of your gross negligence.

10.3 You shall be responsible for damage to property or vehicle arising from off-kerb delivery. (NOTE: "Condition of sale" clause.)