AN120071 – Boral Resources (NSW) Pty Limited Sydney Metropolitan Concrete Contract Determination
16. MIXER CARE AND MAINTENANCE
16.1 Washing Out The Mixer
An Operator shall exercise all reasonable care for the mixer. The mixer shall be thoroughly washed out internally and cleaned down externally to ensure as far as practicable that there is not build up of concrete and so as not to affect the mixing efficiency, carrying capacity and visual appearance of the mixer.
16.2 Provision Of Cleaning Materials Etc
All cleaning materials and equipment necessary for cleaning the mixer shall be supplied by Boral and shall comply with any and all statutory requirements and regulations.
16.3 Reporting Mixer Maintenance Requirements
An Operator shall report any and all apparent mixer maintenance requirements to Boral who shall undertake any required repairs as soon as reasonably practicable.
16.4 Mixer Repairs
(a) An Operator shall convey the mixer to the workshop for repairs or maintenance as requested by Boral.
(b) An Operator shall be paid for transfers to and from the workshop at the rate of item (Y) of Schedule 1 per km or part thereof and the forward and return journey shall be treated separately. A means shall be provided by Boral at Boral's cost to convey the Operator to their place of residence or plant whichever is the lesser distance and return them to the workshop as and when required.
16.5 Minor Maintenance Of Mixer
(a) The Operator shall be responsible for all minor maintenance of the mixer to the satisfaction of Boral, such as topping up oil.
(b) Subject to the provisions of clause 15 all spare parts, and specialised tools, materials and equipment for the mixer shall be provided by Boral.
(c) Boral shall be responsible to provide regular maintenance and servicing of the hydraulic components on any hydraulic mixer in accordance with the manufacturer's recommendations.
16.6 Removal Of Hardened Concrete
(a) It is the Operator's responsibility to inform Boral if concrete build up impedes the carrying capacity and or mixing efficiency.
(b) Subject to clause 16.6(a), Boral shall be responsible for the removal of hardened concrete build up from the inside of the mixer (a process commonly known as de-dagging) for the first two occasions in a calendar year, provided that if an Operator's mixer requires de- dagging more than twice in a calendar year, they shall be responsible for such de-dagging unless in the period since the last de-dagging the Operator carted more than 30% of their loads in excess of 50 mpa, low slump concrete, kerb mix and/or no fines in which case Boral shall be responsible for the de-dagging.
(c) All de-dagging work will be conducted outside normal working hours or otherwise by mutual agreement between an Operator and Boral.
(d) All de-dagging will be completed as soon as practicable.
16.7 Major Maintenance of Mixer
Boral shall be responsible for all major mixer maintenance. Such repair or maintenance requirements will be carried out wherever practicable outside normal operating hours and all work will be completed as soon as practicable and without delay.
16.8 Provision Of Fuel For The Mixer
An Operator is responsible for the provision of the fuel to run the mixer.
16.9 Parking Of Mixer
Boral's mixer is to be parked only in places approved by Boral. An Operator is not responsible for any loss or damage to Boral's mixer when so parked. Where approval is not given for the mixer to be parked at a location requested by an Operator, then the Operator assumes responsibility for all loss and damage to Boral's mixer when so parked.
16.10 Damage To Mixer
Subject to clause 16.9, an Operator shall be responsible for any damage to the mixer except where such damage is caused by Boral, its servants or agents.
16.11 Cease Using The Mixer For Repairs, Servicing Etc
An Operator must stop using the mixer (or any part of it) if Boral so directs because in Boral's opinion that is appropriate pending the carrying out of any repairs provided that if an Operator's vehicle is required for more than two working days to carry out the repairs they shall be paid by Boral at the rate of item (L) of Schedule 1 per hour up to a maximum of eight hours each day. To avoid any doubt, during such repairs the Operator will continue to be paid their monthly retainer.
16.12 Replacement Of Mixer
If Boral decides to replace an Operator's mixer they must make their vehicle available provided that if their vehicle is required for more than five working days to carry out the replacement they shall be paid by Boral at the rate of item (L) of Schedule 1 per hour up to a maximum of eight hours each day. To avoid any doubt, during such replacement work the Operator will continue to be paid their monthly retainer.
