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Contract Agreement
Driver Contractor Agreement
This Driver Contractor Agreement ("Agreement") is made and entered into as
of the Effective Date set forth in Schedule 1, by and between Devom
Logistics Pty Ltd ("Company") and the individual or entity identified in
Schedule 1 ("Contractor").
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
- "Agreement" means this Driver Contractor Agreement, including all
Schedules and Attachments.
- "Services" means the delivery and logistics services as set forth in
Schedule 2.
- "Company-Owned Crates" means all crates provided by Devom Logistics Pty
Ltd for the purpose of deliveries.
- "Premises" refers to any location where deliveries are made, including but
not limited to Coles, Woolworths, IGAs, and bakeries.
- "Toll Charges" refers to any road tolls incurred during the provision of
Services.
1.2 Interpretation
- Headings are for convenience only and do not affect the interpretation of this Agreement.
- Any reference to "including" or "includes" means "including but not
limited to."
2. SCOPE OF SERVICES
2.1 The Contractor agrees to provide delivery services as described in Schedule 2, following the Company’s policies and applicable laws.
2.2 The Contractor shall ensure that all deliveries are completed as per the
specified timelines and quality standards.
3. TERM OF AGREEMENT
3.1 This Agreement shall commence on the Effective Date and shall continue
until terminated in accordance with Clause 11.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
4.1 The Contractor acknowledges that they are engaged as an independent contractor and not as an employee of the Company.
4.2 The Contractor shall be solely responsible for the payment of their own
taxes, superannuation, and any statutory obligations.
5. OBLIGATIONS OF THE CONTRACTOR
5.1 General Responsibilities
- Perform Services with due care, skill, and diligence.
- Ensure compliance with applicable WHS policies and procedures.
- Comply with all Heavy Vehicle National Law (HVNL) requirements and
complete the Heavy Vehicle Daily Checklist attached as Schedule 4.
5.2 Insurance Requirements
The Contractor must maintain at their own cost the following insurances:
- Workers' Compensation Insurance (as required by law).
- Public Liability Insurance with a minimum coverage of AUD 10 million.
- Vehicle Insurance for any vehicle used to provide Services.
5.3 Crate Management Policy
- The Contractor shall track and return all Company-Owned Crates.
- Any lost or unreturned crates will be charged at $25 per crate.
5.4 Premises Conduct
The Contractor must comply with all Premises rules, including:
- Sign-in and induction procedures.
- Traffic management and vehicle safety.
- Adherence to hygiene and safety protocols.
6. FEES AND PAYMENT TERMS
6.1 The Contractor shall be paid as per the rates specified in Schedule 3, subject to:
- Payments being made on a fortnightly basis.
- A four-week payment holding period from the contract start date.
- Any deductions for penalties as outlined in Clause 9.
6.2 Toll Charges & Admin Fees
- If the Contractor incurs a toll charge without notifying the Company or
without an E-Tag, they will be charged:
- The toll fee plus a $75 administration fee.
7. VEHICLE USAGE AND RESPONSIBILITIES
7.1 Europcar Vehicle Use
- If the Contractor uses a Europcar vehicle, they are responsible for
inspecting the vehicle before use and upon swapping.
- The Company shall not be liable for any damage, fines, or costs associated
with the use of Europcar vehicles.
8. INDEMNITY & LIABILITY
8.1 The Contractor agrees to indemnify and hold the Company harmless from all claims, damages, or legal actions arising from the Contractor’s actions, negligence, or non-compliance with laws.
8.2 The Contractor assumes full responsibility for any fines, penalties, or
expenses incurred due to non-compliance with applicable regulations.
9. PENALTIES & DEDUCTIONS
9.1 The following penalties may apply in cases of non-compliance:
- Failure to return crates: $25 per crate.
- Use of toll roads without notification: Toll charge plus $75 admin fee.
- Failure to comply with vehicle checks: Deduction from payment for any
resulting fines or repairs.
10. CONFIDENTIALITY & NON-COMPETE
10.1 The Contractor shall not disclose or use any confidential information obtained during the course of providing Services.
10.2 The Contractor agrees not to engage in any competing logistics business
while under this Agreement.
11. TERMINATION
11.1 Either party may terminate this Agreement with 30 days' written notice.
11.2 The Company reserves the right to terminate this Agreement immediately in the event of:
- Gross misconduct or safety violations.
- Non-compliance with Clause 5 obligations.
- Failure to maintain required insurances.
12. DISPUTE RESOLUTION
12.1 Any disputes arising under this Agreement shall first be attempted to be resolved amicably through negotiations.
12.2 If unresolved, the dispute shall be referred to mediation in New South
Wales, and if still unresolved, shall be subject to binding arbitration.
13. GOVERNING LAW
13.1 This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.
13.2 Any disputes shall be subject to the jurisdiction of the courts in New
South Wales.
14. EXECUTION
Signed for and on behalf of Devom Logistics Pty Ltd:
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Signed for and on behalf of Devom Logistics Pty Ltd: |
Signed by Contractor: |
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Signature: COMPANY_SIGN |
Signature:CONTRACTOR_SIGN |