The Haulage Agreement is a crucial commercial document used to establish a formal relationship between transport service providers and their customers in Australia. It is particularly relevant when businesses require regular or ongoing transportation services for goods via road transport. The agreement encompasses all essential aspects of the transport arrangement, including service levels, pricing, safety requirements, and regulatory compliance, particularly with the Heavy Vehicle National Law and Chain of Responsibility obligations. This document is vital for protecting both parties' interests while ensuring clear operational parameters and risk allocation. The agreement is designed to comply with Australian federal and state transport regulations, making it suitable for both interstate and intrastate operations. It can be customized for various transport needs, from general freight to specialized cargo, and can accommodate both large-scale operations and smaller transport arrangements.
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1. Parties: Identification of the parties entering into the agreement
2. Background: Context of the agreement and general business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Term and Renewal: Duration of the agreement and renewal provisions
5. Services: Detailed description of haulage services to be provided
6. Operator Obligations: Key responsibilities of the transport operator
7. Customer Obligations: Key responsibilities of the customer
8. Compliance: Compliance with relevant laws and regulations including Chain of Responsibility obligations
9. Performance Standards: Required service levels and KPIs
10. Rates and Payment: Pricing, payment terms, and invoicing procedures
11. Insurance and Liability: Insurance requirements and liability allocation
12. Work Health and Safety: Safety obligations and procedures
13. Termination: Circumstances and procedures for termination
14. Dispute Resolution: Process for resolving disputes
15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Dangerous Goods: Required when agreement includes transport of dangerous goods
2. Equipment Provision: Required when specific equipment is provided by either party
3. Subcontracting: Required when subcontractors may be engaged
4. Cross-Border Operations: Required for interstate or international transport
5. Environmental Requirements: Required for specialized environmental compliance needs
6. Force Majeure: Optional clause for unforeseeable circumstances
7. Intellectual Property: Required when proprietary systems or branding are involved
8. Fuel Surcharge: Optional mechanism for handling fuel price fluctuations
9. Technology and Systems: Required when specific technology or systems must be used
1. Schedule 1 - Service Specifications: Detailed description of services, routes, and delivery points
2. Schedule 2 - Rate Card: Detailed pricing structure and rates
3. Schedule 3 - Performance Metrics: KPIs and measurement methodology
4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels
5. Schedule 5 - Operating Procedures: Detailed operational procedures and requirements
6. Schedule 6 - Vehicle Specifications: Required vehicle types and specifications
7. Schedule 7 - Contact Details: Key personnel and contact information
8. Schedule 8 - Compliance Checklist: Regulatory compliance requirements and checks
9. Appendix A - Incident Reporting Forms: Standard forms for incident reporting
10. Appendix B - Safety Procedures: Detailed safety procedures and protocols
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