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

7. STATUTORY REQUIREMENTS AND INSURANCE

7.1 Compliance With Laws

An Operator shall comply with the provisions of all relevant statutes and regulations made there under in relation to the use or operation of their vehicle and they shall ensure payment of all lawful fees, licences and taxes in relation thereto.

7.2 Variation of Statutory Requirements

Any variation in statutory requirements increasing the cost of performing the cartage work shall be taken into account when next varying the cartage rates.

7.3 Insurances

An Operator shall arrange and keep current insurance cover whilst working under this Part B in respect of:

(a) motor vehicle comprehensive including third party property;

(b) motor vehicle compulsory third party;

(c) worker's compensation for all employees, including casuals of an Operator's Company;

(d) public liability;

(i) public liability cover to the value of $10 million;

(ii) public liability for mixer damage (extension) $40,000 limit;

(iii) public liability for wrong delivery (extension) $500,000 limit; and

Notation: insurer may roll these policies into one.

(e) sickness and accident cover.

7.4 Submission of Insurance Documents Etc

All relevant insurance policies, registration certificates and driver licences are to be submitted to Boral for perusal, verification and return prior to the commencement of an Operator's engagement and thereafter upon demand within fourteen (14) days of request.

7.5 Provision of Photocopies

An Operator will upon request provide photocopies of any of the above documentation, other than the driver's licence which will be produced for sighting and verification only.

7.6 Endorsements For Public Liability

All public liability insurance shall be endorsed to:

(a) extend to provide indemnity to Boral as Principal;

(b) contain a waiver of subrogation from the insurer in favour of Boral as Principal; and

(c) contain a cross liability clause.