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

9. HAZARDOUS APPROACH TO JOB SITE

9.1 Hazardous Approach To Job Site

(a) An Operator shall have the right to refuse to enter upon ground which they consider unsafe or hazardous.

(b) If an Operator does refuse entry and the delivery is completed on that day by other vehicles (whether Boral or Operator vehicles) without the use of additional equipment and / or site access improvements by the customer, then the Operator shall not be paid for the delivery or return cartage unless the load has been diverted to another job in which case the delivery to the alternate location shall be paid as if it were a new delivery from the plant where batched to the alternate location.

9.2 Payment After Unsuccessful Entry

If an Operator has notified the plant of the unsafe or hazardous job site and/or approach but attempts unsuccessfully to enter, they shall be paid for the cartage as if the delivery had been successful even if the delivery is ultimately completed, as stated in clause 9.1 (b).

9.3 Refusal To Enter

In all cases if an Operator refuses to enter and the delivery is not completed on that day without the use of additional equipment they will be paid the total cartage rate to the job site plus return cartage if the load is returned to the plant, on Boral's instructions, unless the load is diverted to an alternate location in which case they will be paid in accordance with clause 4.2 (e).

9.4 Bogged Vehicles

(a) Where an Operator goes beyond the kerb to complete a delivery and their 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 an appropriate insurance policy to rectify any damage that the salvage contractor may cause to the Operator's vehicle during the extrication process.

(c) Provided further that the provisions of clause 9.4 (a) and (b) shall not apply where the vehicle becomes bogged or inoperative as direct result of an Operator's negligence.

(d) If the circumstances in clause 9.4 (a) arise, the Operator will continue to paid their monthly retainer in accordance with clause 4.1 provided that the Operator:

(i) did not become bogged or inoperative as a result of their own negligence;

(ii) complied with all directions given by Boral in relation to the load;

(iii) complied with all reasonable direction given to the Operator by the customer; and

(iv) complies with clause 10.5.