Contractor Registration Form

  • Schedule

  • PHSA Contact Details:

    Phone: +61 400 533 339
    Email: darren@planthiresolutions.com.au
    Address: PO Box 1612, Preston Sth VIC 3072

  • Contractor Bank Account Details
  • Contractor record

  • (if different from above)
  • Contact Details
  • Details of Accounts contact
  • Operator/driver record

  • Operator/Driver 1
  • Operator/Driver 2
  • Operator/Driver 3
  • Operator/Driver 4
  • Vehicle record

  • Truck details
  • Capacity
  • Trailer details
  • Capacity
  • List other key aspects of vehicle
  • Plant record

  • Plant details
  • Insurance & industry obligation

  • Workcover insurance
  • Public liability
  • Terms and Conditions

    We at Plant Hire Solutions Australia are pleased to be working towards an ongoing relationship with you and provide these Contractor terms and forms to register that relationship and help ensure that it is mutually beneficial into the future, for us, you and our clients.

    When you have read the Contractor Agreement, Please:

    Complete the details in the schedule
    Sign the Agreement by completing the execution clause applicable to you (eg: company, sole trader)
    Complete the forms attached to the Agreement and ensure that all required attachments are provided, and
    Return signed Agreement, forms and required attachments to your PHSA contact above, scanned and emailed to the email address for PHSA noted in the Schedule, or posted to the address for Plant Hire Solutions Australia noted in the schedule.
    Please forward any queries you have to the Plant Hire Solutions Australia contact.

    Contractor agreement

    PARTIES

    Plant Hire Solutions Australia Pty Ltd, trading as PHSA, of PO Box 1612 Preston South 3072
    and
    The Contractor named in the Schedule (‘Contractor’)

    RECITALS

    A PHSA conducts an earthmoving business in Victoria. Its further details are in the schedule.
    B The Contractor owns and/or operates a Vehicle/s and/or Plant suitable for, and is
    experienced in, and to the extent necessary licensed for, the provision of Services. Its further
    details are in the Schedule.
    C The Contractor has agreed to provide the services to PHSA on the terms and conditions set
    out in this agreement.

    DEFINTIONS and INTERPRETATION

    Unless the opposite intention appears:

    a) ‘Business Day’ means a week day on which trading banks are open for banking business;
    b) ‘Insolvency Event’ means insolvency within the meaning of the Corporations Act 2001,
    failure to comply with a statutory demand, appointment of administrator or similar officer,
    being subject of an order or resolution for winding up or similar, being subject to bankruptcy
    proceedings or being subject to any similar event whether as a corporation or an individual;
    c) ‘Law’ means any statute, regulation, determination, code, ordinance, standard or similar
    that has the force of law, and guidelines of all relevant governments, authorities and
    bodies, including but not limited to those in relation to traffic, road safety and road
    management rules, occupational health and safety, environmental protection, mass and
    dimension limits, load restraint rules, loading and securing vehicles and plant, and ‘chain of
    responsibility’ rules in any relevant jurisdiction at any relevant time;
    d) ‘Materials’ means soil and other related materials;
    e) ‘Proposal’ means a proposal, as described in clause 2, for the Contractor to carry out
    Services;
    f) ‘Representatives’ means officers, employees, contractors or sub-contractors as the case
    may be, agents and consultants and the like;
    g) ‘Services’ means services in relation to transporting Materials;
    h) ‘Term’ means the period described in clause 1;
    i) a reference to any Law includes a reference to it as amended, supplemented or
    substituted from time to time;
    j) anything required to be done on a day that is not a Business Day where it is required to be
    done, must be done on the next Business Day;
    k) a reference to PHSA includes a reference to any of its related or associated entities at any
    time and this agreement is for the benefit of PHSA and any such entity;
    l) the singular includes the plural and vice versa;
    m) a reference to one gender includes a reference to any other;
    n) the Recitals form part of the terms of this agreement.

    OPERATIVE PROVISIONS

    1 TERM

    This agreement commences on the Commencement Date referred to in the Schedule,
    or on the date the last party signs if no date is inserted in the Schedule. This agreement
    will continue until terminated under its terms, and in any case, either party may terminate
    this agreement for any reason on 14 days written notice to the other party.

    2 SERVICES

    2.1.1 PHSA may communicate a Proposal to the Contractor by providing it to the Contractor
    by any medium, and may make the same Proposal to any number of other independent
    contractors, in its complete discretion.
    2.1.2 A Proposal remains open for acceptance until it has been accepted by the Contractor,
    or until it is withdrawn by PHSA.
    2.1.3 The Contractor acknowledges that it has no exclusive right in respect of Proposals, is not
    entitled to any minimum number or frequency of Proposals from PHSA, or a minimum
    amount of fees or income through Services to PHSA.
    2.1.4 If there is any conflict between the terms of this agreement and those of a Proposal or
    any other documentation related to this agreement, this agreement will prevail to the
    extent of such conflict.

    3 RELATIONSHIP OF PARTIES

    3.1.1 Nothing in this agreement, whether express or implied, is intended or will be taken to
    create or suggest a partnership, joint venture, or agency or employment between PHSA
    and the Contractor.

    3.1.2 The Contractor is an independent contractor owning and conducting its own business.
    Subject to this agreement and the particular requirements and Services it provides under
    this agreement, the Contractor will determine its hours of work, processes and policies
    applicable to its business and its performance of the Services. There is no exclusive
    arrangement between the parties in any circumstance. The Contractor is free to provide
    its service to anyone at any time, and to accept or reject or reject Proposals from PHSA in
    its absolute discretion.

    4 CONTRACTOR OBLIGATIONS

    4.1 The contractor must perform its obligations under this agreement and provide the
    Services :
    4.1.1 in a safe, efficient, professional, workmanlike and businesslike manner, and to the
    standard of quality expected of a contractor providing services the same or similar to the
    Services, including ensuring that nay person involved in the provision of the Services
    maintains a professional appearance, manner and conduct at all relevant times;
    4.1.2 with all reasonable and professional care appropriate in performing the Services, and in
    operating Vehicles or Plant for the purposes of this agreement, including carrying out all
    reasonable and lawful requirements in respect of loading, unloading, carriage and
    delivery;
    4.1.3 in compliance with all applicable Laws, licenses and permits; and
    4.1.4 in accordance with all Proposals it has accepted and to the reasonable satisfaction of
    PHSA.

    4.2 The Contractor must :
    4.2.1 notify PHSA immediately it is aware of any :
    (a) possible inability of the Contractor to perform any Services in compliance and
    accordance with this agreement;
    (b) accident or damage affecting Vehicle, Plant or other material under the control of
    the Contractor;
    (c) breach or potential breach of any road safety Laws;
    4.2.2 at the completion of the Services relating to the relevant Proposal, or at any other time
    properly required, promptly submit to PHSA and whoever else properly requires, all duly
    and accurately completed documents, records and receipts (‘Dockets’) issued by PHSA
    or its client or customer in relation to provision of Services by the Contractor;
    4.2.3 account to PHSA for the use and storage of any equipment provided by PHSA for the
    purposes of provision of Services, and use all reasonable care in respect of such use and
    storage.
    4.2.4 ensure compliance with Laws and requirements in respect of site risk assessments and
    safety checks and ensure that all Vehicle and Plant are safe for the purposes of
    undertaking the Services;
    4.2.5 keep Vehicle and Plant Properly maintained and serviced; registered and
    comprehensively insured at all times during the Term;
    4.2.6 ensure compliance with all Laws and requirements in respect of statutory mass and load
    and dimensions, provide to PHSA details of Vehicles that the contractor will use in the
    performance of the Services and all relevant risk assessments, and ensure all load and
    dimension markings on the vehicle and Plant are accurate;
    4.2.7 ensure that nay person operating Vehicle or Plant at any relevant time holds a current
    full licence of the relevant type, and operates such Vehicle or Plant in accordance with
    all relevant Laws;
    4.2.8 not, and must ensure that each of its Representative does not, operate or allow any
    other person to operate Vehicle or Plant while :
    (a) in breach of any statutory limit in relation to concentration of, or under the influence
    of, alcohol or any drug; or
    (b) in excess of any applicable mass or loading limits or dimensions.
    4.3 The Contractor :
    4.3.1 is solely responsible and liable in respect of all day-to-day expenses including fuel, and
    for repairs and maintenance of Vehicle and Plant and for all costs of insurance,
    registration and licensing in relation to Vehicle and Plant and in relation to drivers; and
    4.3.2 must keep accurate records of maintenance, repairs and servicing of Vehicle and
    Plant. And must provide a copy of such records to PHSA upon its reasonable request.

    5 CONTACTOR WARRANTIES

    The Contractor warrants that :
    5.1 it and all of its representatives are competent to properly and sagely carry out the
    Services;
    5.2 it and all of its Representatives possess the necessary skills, qualifications and
    experience to properly and safely carry out the Services;
    5.3 all the information provided by the Contractor to PHSA for the purposes of this
    agreement is accurate and complete;
    5.4 it and all its Representatives will comply with The Heavy Vehicle Driver Fatigue National
    Model legislation ensuring all requirements for work/rest are satisfied;
    5.5 it will conduct itself and will ensure that its Representatives conduct themselves in a
    manner consistent with relevant industry codes of conduct and standards for
    professional drivers.

    6 INTELECTUAL PROPERTY

    The Contractor will:
    6.1 not use the brand name ‘PHSA’ or any associated brand name, trade mark or logo,
    registered or unregistered, other that during and as necessary and appropriate for the
    purposes of the provision of Services under this agreement: and
    6.2 immediately upon termination of this agreement cease to use any such brands, marks or
    logos and return to PHSA, or deal with as directed by PHSA, all and any documents and
    items bearing any such brands, marks and logos.

    7 PAYMENT

    7.1 PHSA will pay the contractor in arrears in an amount according to the relevant Proposal,
    for Services completed in respect of each weekly period within 30 days of receipt of the
    relevant Dockets and valid tax invoice, subject to :
    7.1.1 Proper completion of the Services and the proper performance by the Contractor of its
    obligations under this agreement.
    7.1.2 Due submission of all properly completed Docket; and
    7.1.3 Any deductions which PHSA may properly make against amounts owing to the
    Contractor under this agreement, which include but are not limited to fees, commissions
    and insurance contributions.
    7.2 PHSA will make payments by cheque, by direct deposit into the bank account
    nominated by the Contractor and set out in the Schedule, or in such other manner as
    PHSA may choose. The Contractor will provide bank account details upon signing this
    agreement, and authorises PHSA to make direct payment into that account.
    7.3 The Contractor acknowledges that PHSA has no obligation to pay for any part of the
    Services
    for which a completed Docket has not been submitted, for which a valid tax invoice has
    not
    been received, or for amounts in relation to any loads that exceed the applicable mass
    or
    dimension limits for the particular Vehicle.
    7.4 The Contractor acknowledges that if it does not provide PHSA with an ABN, PHSA is
    obliged
    to deduct 46.5%, or other such percentage as required by law at any time, of amounts
    payable to the Contractor, and to remit that amount to the Australian Tax Office as
    PAYG tax.
    7.5 The Contractor warrants that it is registered for GST purposes, and must advise PHSA if it
    ceases to be registered for GST.

    8 LAWS AND POLICIES

    8.1 The Contractor must :
    8.1.1 inform itself in relation to all applicable environmental, occupational health and
    safety (‘OHS’) and other Laws and PHSA’s OH & S policies, comply with such Laws
    and policies and ensure that its Representatives are so informed and comply;
    8.1.2 notify PHSA immediately if a breach of any such Laws or policies has occurred, or
    may occur, or if any notifiable incident occurs during the provision of Services, or if
    the Contractor is issued with any notice by a regulating authority in relation to
    matters governed by any such Laws.
    8.1.3 comply with, and ensure that its Representatives comply with, any reasonable
    instructions by PHSA, or any site controller or regulatory authority in relation to any
    such Laws or policies;
    8.1.4 provide upon request by PHSA evidence to the satisfaction of PHSA that the
    Contractor and its Representatives comply with all such Laws and policies, including
    provision of copies of all and any relevant certificates, licences and permits;
    8.2 If PHSA reasonably believes that the Contractor or any of its Representatives are or may be
    breaching any applicable environmental, OHS or other Laws, PHSA may give to the
    Contractor notice of termination of this agreement with immediate effect.

    9 LIABILITY, INSURANCE, INDEMNITIES and ACKNOWLEDGEMENTS

    9.1 The Contractor is and remains the sole employer or principal as the case may be, of any
    person providing services to the Contractor for the Contractor to carry out the Services
    under this agreement. Accordingly, the Contractor alone is responsible for the payment of
    and will indemnify PHSA against all and any costs, losses, demands, expenses or liabilities
    (‘Claims’) in respect of each such person, including but not limited to all WorkCover and
    other workers compensation insurance premiums, levies and excesses, taxation instalment
    deductions, superannuation contributions and every other obligation under a relevant Law
    arising from the employment or engagement of such person. If and when PHSA is required
    to pay any such amounts, the Contractor will reimburse it in full on demand.
    9.2 The Contractor indemnifies and will keep indemnified PHSA and its Representatives against
    any Claims that arise from any breach of this agreement by the Contractor or from any
    negligent act or omission of the Contractor or any of its Representatives in the carrying out
    of the Services.
    9.3 The Contractor must at its own cost take out and keep current at all times during the Term
    all compulsory insurances with respect to Vehicle and Plant, WorkCover insurance, and
    public liability insurance for cover of at least $20 million. The Contractor must, at the
    Commencement Date and at all other times when reasonably requested by PHSA, provide
    written evidence that it is complying and has complied with its obligations under this clause.
    9.4 The Contractor must, at the direction of PHSA make good at its own cost any Services that
    do not conform to any of PHSA’s specifications or requirements or that are not done in
    accordance with the relevant requirements of this agreement.
    9.5 The Contractor will indemnify PHSA against any Claims (including all legal fees) arising from
    the provision of the Services, any breach of this agreement by it or its Representatives, or
    any unlawful or negligent act or omission of the Contractor or its Representatives
    9.6 To the extent permitted by law, the Contractor releases PHSA from all Claims or injury in
    connection with the Services, other than Claims or injury to the extent caused by PHSA’s
    negligence or breach of this agreement.
    9.7 The Contractor acknowledges that in entering into this agreement and in providing Services
    it has not and will not rely on any statement or representation on the part of PHSA or its
    Representatives in relation to any matter connected with this agreement.
    9.8 To the fullest extent permitted by law PHSA excludes all liability to the Contractor and to its
    Representatives in respect of any Claims arising directly or indirectly from any negligent act
    or omission of PHSA or any of its Representatives.
    9.9 Notwithstanding anything in this agreement, a party is not liable to the other party to make
    any payment (whether by way of indemnity, damages or otherwise) for any disputed
    invoice, breach of this agreement or for negligence unless a Claim is made in writing within
    six months after the circumstances giving rise to the claim were first known or ought to have
    been known by the party claiming. Any such Claim must include reasonable detail in
    respect
    of the nature of the Claim and the amount sought.
    9.10 The Contractor acknowledges that PHSA has no obligation to make any superannuation
    contribution in respect of the Contractor to any person employed or engaged by the
    Contractor. If at any time, whether during the Term or otherwise, PHSA is required to make
    any such superannuation contributions in respect of the Contractor or any person
    employed
    or engaged by the Contractor, the Contractor will reimburse to PHSA the amount of any
    such contribution (including any levy, charge, tax or penalty, and interest).
    9.11 Neither party will be liable to the other for any indirect or consequential loss of any kind,
    whether for breach or negligence. The parties agree that indirect or consequential loss
    includes loss of business opportunity, loss of profits, payment of liquidated sums, penalties
    or damages under any other agreement.
    9.12 A party (first party) must notify the other party as soon as practicable of any third party
    claim is made that could, if satisfied, permit the first party to make a claim against the other
    party under this agreement. The first party will, if requested by and at the expense of the
    other party, take such action as the other party may direct to avoid, dispute, defend or
    settle
    the claim. The other party will put the first party in sufficient and timely funds to enable it to
    pay all reasonable costs and expenses of any such directed action, and the first party will
    comply with the directions of the other party.

    10 SUBCONTRACTING AND ASSIGNMENT

    10.1 Subject to obtaining PHSA’s prior written consent, the Contractor may assign any of its rights
    or subcontract any of its obligations under this agreement, subject to demonstrating that :
    10.1.1 the proposed assignee or subcontractor is a suitably qualified and experienced
    provider of services of the same kind as or similar to the Services; and
    10.1.2 has sufficient resources to properly perform the Services.
    In the event of any such assignment or subcontracting, the Contractor will remain
    responsible for its obligations to PHSA under this agreement as though the assignment or
    subcontracting had not occurred.
    10.2 PHSA may at any time by notice in writing to the Contractor assign to any person the
    benefit
    of PHSA’s rights and remedies under this agreement.

    11 CONFIDENTIALITY AND NON-SOLICITATION

    11.1 Each party will use any of the other party’s confidential information that it is provided or has
    access to by virtue of this agreement solely for the purposes of this agreement, and will
    keep
    such information confidential and not disclose it or allow it to be disclosed to any third party
    except with the consent of the party who owns it or to whom it relates, or otherwise for the
    purpose of seeking professional advice or as required by law.
    11.2 The Contractor must not at any time during the Term and for a period of twelve months
    after termination of this agreement, whether on its own account or as an agent, officer or
    employee of any person, solicit (directly or indirectly) the provision of services the same or
    similar to the Services provided under this agreement to any person who was a customer of
    PHSA during the Term.

    12 TERMINATION FOR DEFAULT

    12.1 The Contractor is in default for the purposes of this agreement if the Contractor :
    12.1.1 fails to comply with any provision of this agreement;
    12.1.2 commits an act or omission in the nature of serious and wilful misconduct;
    12.1.3 becomes permanently incapacitated or of unsound mind; or
    12.1.4 becomes subject of an Insolvency Event.
    12.2 If the Contractor is in default under clause 12.1.1, PHSA may serve a written notice on the
    Contractor specifying the default and the expenses associated with the default, and
    stating
    that this agreement will be terminated within two Business Days without further notice
    unless the default is remedied and all the expenses are paid within that time.
    12.3 If a notice served under clause 12.2 is not complied with then this agreement is immediately
    at an end, without affecting any accrued rights of any party.
    12.4 If the Contractor is in default under clause 12.1.2, 12.1.3 or 12.1.4, PHSA may immediately
    end this agreement by serving a written notice to that effect on the Contractor, without
    affecting any accrued rights of any party. The agreement ends if a Contractor dies.
    12.5 Upon termination of this agreement :
    12.5.1 the Contractor must immediately return to PHSA, or deal with in accordance with its
    written directions, all equipment provided by PHSA, all Dockets and all confidential
    information of PHSA in the possession or control of the Contractor; and
    12.5.2 the Contractor must immediately cease using and remove, as the case may be, all of
    PHSA’s names, marks, branding and other intellectual property.
    13 DISPUTE RESOLUTION
    13.1 A party may not commence Court proceedings in relation to a dispute relating to this
    agreement until it has exhausted the procedures in this clause 13, unless the party seeks
    appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid
    losses that are not compensable in damages.
    13.2 If there is a dispute between the parties relating to this agreement, then within five Business
    Days of a party notifying the other party of a dispute, senior representatives from each
    party
    will meet and must use reasonable endeavours and act in good faith to resolve the dispute
    through discussions.
    13.3 If the dispute is not resolved within five Business Days of notification of the dispute under
    clause 13.2, the parties will submit the dispute to mediation, administered by a reputable
    alternative dispute resolution organisation. The parties will share the cost of mediation
    equally, and if the parties cannot agree on a decision relevant to the conduct of the
    mediation, then such decision will be referred to the head for the time being of the Law
    Institute of Victoria.

    14 GENERAL

    14.1 Each party will pay its own costs in connection with the negotiation, preparation and
    execution of this agreement.
    14.2 Any notice given under this agreement must be in writing and must be hand delivered or
    sent by pre-paid post to the recipient’s address specified in the Schedule, or sent by
    facsimile transmission to the recipient at the fax number (if any) specified in the Schedule.
    14.3 Each party will do all things and execute all documents as may be necessary or desirable
    to give full effect to the provisions of this Agreement and the transactions contemplated by it.
    14.4 Nothing in this agreement will be interpreted to exclude the application of any relevant
    Law.
    14.5 This agreement is governed by and will be construed in accordance with the laws of the
    state or territory in which the Services are provided.
    14.6 This agreement may only be amended in writing signed by each party, or assigned in
    writing signed by each party and in accordance with this agreement.
    14.7 No failure or delay by a party in exercising any right or remedy operates as a waiver. A
    single or partial exercise of any right or remedy does not preclude the valid further or other
    exercise of that or any other right or remedy. A waiver is not valid or binding unless made in
    writing.
    14.8 Clauses 8.1.2 and 12.5.1 and those aspects of clause 9 that are capable of it, will continue
    to
    apply notwithstanding termination of this agreement for any reason.
    14.9 This agreement may be executed in any number of counterparts and all the counterparts
    together will constitute one and the same instrument.
    14.10 Time is of the essence as regards all dates, periods of time and time specified as one with
    which the Contractor must comply.
    14.11 This agreement constitutes the entire agreement between the parties with respect to its
    subject matter, and supersedes all and any previous agreements, contracts, arrangements
    or
    understandings made between the parties.