Agreement to furnish truck with driver.
A has entered into a contract with paving contractors to haul certain materials from proportioning plants erected at
a siding of the railroad, the materials to be hauled by truck to improve certain specified sections of roadway. A desires
to rent, hire and procure the services of one or more trucks, the trucks to be equipped with the specified yards
body, together with × rear giant pneumatic tires, for the purpose of hauling dry concrete mix, from the
proportioning plants, located as described above, to points on the roadway to be paved or improved as needed for the
construction of the projects.
Therefore, contractor agrees, in consideration of the premises and sums subsequently named, to hire, rent and
furnish to A for the purpose stated above, one new truck described above, together with the service of driver and
maintenance, to haul the dry aggregate from the proportioning plants to the designated points on the projects.
Contractor agrees that in the event of failure to keep, maintain and operate a new truck as described above,
uninterrupted, excepting unforeseen conditions over which contractor has no control, A shall have the right to cancel
contract and take the necessary steps for the purpose of collecting any loss or damage which A may suffer, and
contractor agrees that his [her] equity in the truck shall be payment of the damages and waives any exemption
prescribed by law. And, for the purpose of assuring A that the truck or trucks belonging to contractor will not be taken
from A's project without consent of A, contractor and heirs on the date first written above at , assigns his, her or
their interest and equity in the truck or trucks mentioned above to A and on completion of this contract A agrees to
reassign its interest in the truck to contractor. It is agreed that in the event contractor is obliged to withdraw his [her]
truck from the work described here for a period of more than days, A shall have the right to hire a substitute truck
in the open market and charge the operating expenses of the truck to contractor. In connection with this agreement,
however, contractor reserves the right to supply the substitute truck during the intervening time, provided the substitute
truck is of the same type and proportion as the original equipment.
A shall designate the number of hours each day and the number of days each week, including if necessary,
that the aforesaid work shall proceed, and contractor agrees that his [her] truck, driver and services, be at the service of
A exclusively during the working hours of every day.
A agrees to pay to contractor as full remuneration for the hauling and delivering of the described material in batch
form at the rate of $ for the first mile of haul and $ additional for each mile of haul thereafter.
percent of all amounts earned under the terms of this contract shall be paid for material hauled up to
the night of , provided however that A shall pay percent of the total earned amount to to be applied
on the purchase price of certain truck or trucks purchased by contractor from of , amounts to be so
applied until the truck is paid for in full. In the event A or the paving contractor furnishes to contractor, board, lodging,
gasoline or oil, compensation shall be retained by A from the earned amount and shall be applied on payment for board,
lodging, gasoline and oil. A shall retain percent of the total amount earned to be paid by contractor on the
expiration of this contract.
This contract shall continue in force until the completion of the hauling projects of A or until weather conditions
terminate further work.
A retains the right to discharge at any time without notice any driver for incompetency, insubordination, or
inefficiency, in which event the driver's contract shall be forfeited and terminated.
electronic form 2005