AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
5.1 Preparation Of Cartage Accounts
Boral shall prepare cartage accounts in accordance with dockets issued by Boral to an Operator during the course of the accounting period.
5.2 Cartage Account Details
An Operator's accounts, as prepared by Boral, shall be itemised on a daily basis which shall include for each load: date, docket number, job address, load fee, paid kilometres, surcharges and total payment.
5.3 Payment Of Cartage Accounts
Cartage accounts shall be paid on the following basis:
(a) the first monthly retainer shall be due in advance;
(b) subsequent monthly retainer payments shall be paid monthly (this continues to be a payment in advance);
(c) cartage earnings (other than the monthly retainer) shall be calculated twice monthly and paid within ten days of the last day of the period; and
(d) payment will be by electronic funds transfer into the Operator's nominated bank account.
5.4 Recent Account Discrepancies
Account discrepancies relating to the immediately preceding pay period shall be settled promptly and in no case later than fourteen (14) days from the date of written submission of the discrepancy.
5.5 Older Account Discrepancies
Account discrepancies relating to other than the immediately preceding pay period and up to twelve (12) months previous shall be settled within thirty (30) days from the date of written submission of the discrepancy. Over one year account discrepancies are to be settled as soon as practicable.
5.6 Adjustment Following Settlement Of Account Discrepancy
Where, following settlement of an account discrepancy, an adjustment to cartage payments is required, then such adjustment shall be made in the pay period following settlement.
5.7 Purchases Other Than Fuel
Where an Operator purchases any item other than fuel from Boral, or where goods are purchased on an Operator's behalf by Boral, Boral may deduct from an Operator's cartage payments an amount equal to the value of the purchase provided Boral has written authorisation to make such deduction.
5.8 Fuel Purchases
Boral may deduct from an Operator's cartage payments an amount equal to the value of any fuel purchased from Boral. The price of the fuel shall not be adjusted retrospectively.
5.9 Overpayment By Boral
When an Operator is overpaid, Boral shall submit an adjustment account to the Operator which shall be determined within fourteen (14) days from the date of submission for the immediately preceding pay period or thirty (30) days for all other claims. Following determination of the overpayment, the deduction shall be from the next cartage payment due.
5.10 No Other Deduction Or Purchases
Except as provided for in clause 5, no:
(a) deductions can be made from an Operator's account without an Operator's prior written approval; and
(b) purchases are to be made on Boral's account without prior written approval.
5.11 Section 127 Statement
An Operator shall complete and provide to Boral a section 127 statement each quarter in the terms set out in Annexure 3.
