AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
This clause shall apply unless clause 15A applies:
15.1
(a) Boral shall be responsible for the provision of a mixer with a mixing capacity of not less than 6 cubic metres and its safe and proper initial fitting to your vehicle in accordance with the specifications of the respective manufacturer's including the supply of "U" bolts, clearance lights, mud flaps and a protective chassis/mixer cover plate mutually acceptable to Boral and you.
(b) If a mixer is required by Boral to be removed at any time for any reason, the total cost of mixer removal and replacement shall be borne by Boral.
(c) If a mixer is required by you to be removed to effect repairs that cannot be otherwise effected without the removal of the mixer, then the total cost of the mixer removal and replacement shall be borne by Boral provided that such repairs are not for the purpose of inspection, sandblasting, or modifying the truck chassis.
15.2 After the initial fitting referred to in Clause 15.1(a) hereof you shall be responsible for the mixer being properly secured to the vehicle. You shall be responsible for all maintenance and replacement of clearance lights, globes and mud flaps and statutory signs. Mud flaps shall be supplied to you by Boral free of charge.
15.3 By mutual agreement you may have the U bolts adjusted by a qualified mechanic and the costs incurred shall be paid by Boral provided that Boral's workshop shall have the opportunity of undertaking the adjustments. Appropriate transfer fees to be paid.
15.4
(a) The mixer shall remain the property of Boral and on completion of its use at the termination of your engagement shall be removed by Boral at a location nominated by Boral at a time mutually agreed between you and Boral but in any event, within forty eight (48) hours.
(b) Boral shall pay to you a transfer at the rate of item "F" of Appendix 5 per km or part thereof to and from the nominated location.
(c) You shall be paid at the rate of item "I" of Appendix 5 per hour by Boral for such time involved in the removal of the mixer from your vehicle where such time involved is for a period greater than four (4) hours at the nominated location.
15.5 Hydraulic Mixers
(a) Boral shall be responsible for the provision of a crank shaft protection mechanism located between the hydraulic drive and the power take-off unit.
(b) All modification and fitting work is to be done expeditiously and in any case not longer than five (5) working days. Boral shall pay you item "K" of Appendix 5 per hour, limited to eight (8) hours per day for each day so detained in excess of the five (5) working days limit.
15A. Mixer Ownership
This clause shall apply where you own the mixer.
15A.1 You shall be responsible for the provision of a mixer with a mixing capacity of not less than 6 cubic metres.
15A.2 Mud flaps shall be supplied to you by Boral free of charge. (Note: as these are Boral's advertising material.)
15A.3 You shall be responsible for the provision of a crank shaft protection mechanism located between the hydraulic drive and the power take-off unit.
