AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
12.1 Boral shall ensure that the load is batched, with the intent that the quantity of water required to adjust the slump does not exceed 10% of the water batched to bring that load up to specification.
12.2 Boral shall provide you wherever possible with notice, of any changes to the source of concrete mix ingredients which are likely to affect the visual assessment of the slump.
12.3
(a) You shall ensure that the load is properly mixed in accordance with the Carriers' Operating manual and that the slump of the concrete, immediately prior to discharge, is in accordance with the requirements of the last revision of Australian Standards 3600 and/or 1379. These requirements currently are:
Specified Slump |
Tolerance |
Less than 60mm |
+ or - 10mm |
60mm up to and including 80mm |
+ or - 15mm |
Greater than 80mm up to and including 110mm |
+ or - 20mm |
Greater than 110mm |
+ or - 30mm |
(b) Unless the above tolerances have been varied by negotiations (eg. for specific projects), you shall not be liable for rejection due to non compliance with lower tolerances.
(c) If Boral has removed your right to adjust the slump of a load on the job site, and you are requested by a third party to adjust the slump of the load, and Boral approves such adjustment, and the load is rejected on the basis of water addition and/or non-compliance with the nominated slump tolerance, then Boral shall pay you the utilisation rate for the load as if the load had not been rejected.
(d) The mixer drum must be kept turning at all times when it contains concrete.
12.4
(a) You shall visually inspect each load prior to leaving the plant and shall advise Boral of any apparent unusual features of the load which may have occurred due to batching error, plant failure, contamination or your error.
(b) Subject to Clause 12.5, you shall not be responsible or have your cartage payment rejected or withheld due to undetected irregularities of the load which could not be reasonably detected.
12.5 When a load is rejected at a job site because the slump is outside the nominated tolerance contained herein, or you have not visually inspected the load prior to leaving the plant you shall not be paid for the cartage.
12.6 At the job site you shall make every reasonable endeavour to obtain a signature for delivery and it shall be your responsibility to contact the plant immediately by two-way radio when a problem arises to obtain a signature from the customer as required by Boral.
12.7
(a) You shall make every endeavour to collect money from COD customers for all concrete charges, including waiting time. All monies collected shall be submitted in full to the plant manager or allocatur as soon as possible on return to the plant.
(b) Boral will not pay you the waiting time encountered with a COD customer if you have not requested payment for such waiting time from the customer.
12.8
(a) You shall immediately advise Boral where practicable by two-way radio, or telephone if immediately available where a two-way radio is not provided, when a COD payment is not collected or a dispute arises between you and the customer.
(b) Public telephone costs are to be reimbursed by Boral to you.
(c) You are not required to carry a float for the purposes of providing a change facility.
(d) You shall take all due care for any money collected.
12.9 Where a load is dumped you shall not be liable to compensate Boral unless the loss occurred as a direct result of your negligence or misconduct.
12.10 Subject to Clause 12.4(a), in the case of a delivery of concrete to a kerb making machine, you shall assume no responsibility for the slump of the load as it is delivered in an "as batched" condition.
12.11 Where a high range water reducer is added after batching, you are automatically absolved of any responsibility for the slump.
12.12
(a) Where more than 0.8 of a cubic metre is returned and is re-used and is more than one and one half hours old, and topped up, Boral shall assume full responsibility for the load, thus excluding you from your responsibility for the slump of the load.
(b) You shall assume responsibility for any breaches in vehicle legal load limits in relation to this matter as Boral has given you the discretion to dump any concrete from that topped- up load that you may deem to place you in breach of your vehicle's legal load limit.
12.13 Limit of Your Liability
Your liability for a breach of an obligation under Clause 12 shall not exceed the cartage payment for the load, provided that where such loss is as a result of your negligence, your maximum liability shall be up to the invoiced value of the material for the respective individual load.
