AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
15.1 Provision Of Mixer
Boral shall be responsible for the provision of a mixer in accordance with the relevant mixer specification for an Operator's vehicle configuration and its safe and proper initial fitting to their prime mover in accordance with the specifications of the respective manufacturers including the supply of "U" bolts, clearance lights, mud flaps and a protective chassis/mixer cover plate mutually acceptable to Boral and the Operator.
15.2 Mixer Removal By Boral
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.
15.3 Mixer Removal By Operator
If an Operator requires the mixer 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 painting, inspection, sandblasting, or repairing or modifying the prime mover chassis.
15.4 Responsibility After Fitting
After the initial fitting referred to in clause 15.1 an Operator shall be responsible for the mixer being properly secured to their vehicle. An Operator shall be responsible for all maintenance and replacement of clearance tights, globes and mud flaps and statutory signs. Mud flaps shall be supplied to an Operator by Boral free of charge.
15.5 Adjustment Of U Bolts
(a) By mutual agreement an Operator 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.
(b) Boral shall pay to an Operator a transfer fee at the rate of item (F) of Schedule 1 for the first kilometre (or part kilometre) and then (F) per half kilometre thereafter (rounded up to the nearest half kilometre) to and from the workshop.
15.6 Removal Of Mixer On Termination Of Engagement
(a) The mixer shall remain the property of Boral and on completion of its use at the termination of an Operator's engagement it shall be removed by Boral at a location nominated by Boral at a time mutually agreed between the Operator and Boral but in any event, within forty eight (48) hours.
(b) Boral shall pay to an Operator a transfer fee at the rate of item (F) of Schedule 1 per kmvor part thereof to and from the nominated location.
(c) An Operator shall be paid at the rate of item (L) of Schedule 1 per hour by Boral for such time involved in the removal of the mixer from their vehicle where such time involved is for a period greater than four (4) hours at the nominated location.
15.7 Provision Of Crank Shaft Protection
Boral shall be responsible for the provision of a crank shaft protection mechanism located between the hydraulic drive and the power take off unit.
15.8 Modifications etc To Mixer
All modification and fitting work to the mixer is to be done expeditiously and in any case not longer than five (5) working days. Boral shall pay an Operator item (L) of Schedule 1 per hour, limited to eight (8) hours per day for each day so detained in excess of the five (5) working days limit. To avoid any doubt, during such modification and fitting work the Operator will continue to be paid their monthly retainer.
