TERMS AND CONDITIONS
We accept Visa, Mastercard and American Express.
You can arrage to have a 14 or 30 day account if you fill out a Credit Application form and meet the specific requirements.
Newcastle Freight Logistics is only open on standard business days. Service levels that include "Next Day", "Overnight" or similar terms will refer to the next business day. If delivery is required on weekends or holidays, special services can be arranged with prior notice.
Price : Fuel levy prices are subject to change without notice. Newcastle Freight Logistics is not responsible for typographical or pricing errors.
Freight Dimensions : Please have individual weights and dimensions for all pieces prior to calling. All freight is billed at the greater of either dimension or weight. As a standard, 1 cubic meter = 333kg.
1. Newcastle Freight Logistics (hereinafter referred to as “the Company”) is not a common carrier and will accept no liability as such. The Company acts only as agent for the purpose of arranging the transport of goods and does not intend to contract as principal. Contracts for the carriage are made directly between the Consignor and independent Contractor with the Company acting as the agent of each
2. All goods are accepted by the Company subject to the condition that goods comply with all applicable legal requirements relating to the nature, condition and packaging of the goods and that the expenses of complying with such requirements or with the lawful requirements of any authority or other body or company shall be paid by the Consignor
3. The Consignor shall not tender for carriage any explosive, inflammable or otherwise dangerous goods without furnishing to the Company a full description of those goods and in default of so doing shall be liable for all loss and damage of whatever nature whether foreseeable or not, occasioned thereby.
4. All goods carried or transported and all storage and other services performed by the Company are subject only to these terms and conditions and the Company reserves the right to refuse the carriage or transport of goods for any person, corporation or firm and the carriage or transport of any class of goods at its own discretion.
5. The Consignor expressly warrants with the Company that the Consignor is either the owner or authorised agent of the owner of any goods the subject matter of this Contract of Carriage and by entering into this contract the Consignor accepts these conditions of contract for the Consignee as well as for all other persons on whose behalf the Consignor is acting.
6. The Company is authorised to deliver the goods at the address nominated to the Company by the Consignor for that purpose and it is expressly agreed that the Company shall be conclusively presumed to have delivered the goods in accordance with this contract if at that address he/she obtains from any person a receipt or signed delivery docket for the goods.
7. In the event that the nominated place of delivery should be unattended or if delivery can not otherwise be effected by the Company, the Company may at his/her option deposit the goods at that place, which shall be conclusively presumed to be due delivery, or store the goods and, if the goods are stored by the Company, the Consignor shall pay or indemnify the Company for all costs and expenses incurred in or about such storage. If the goods are stored by the Company, the Company shall be at liberty to redeliver them to the Consignor from the place of storage at the Consignor’s expense.
8. It is agreed that the person delivering any goods to the Company for carriage or forwarding is authorised to sign a job run sheet for the Consignor
9. The Consignor hereby authorises any deviation from the usual route or manner of cartage of goods which may in the absolute discretion of the Company be deemed reasonable or necessary in the circumstance.
10. The goods are at the risk of the Consignor and not the Company and unless expressly agreed in writing, the Company shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of goods or mis-delivery or failure to deliver or to delay in delivery of goods including chilled, frozen, refrigerated or perishable goods either in transit or in storage for any reason whatsoever including, without limiting the foregoing, the negligence or wilful act or default or the Company or others and this clause shall apply to all such loss of damage to or deterioration of goods or mis-delivery or failure to deliver or delay in delivery of goods as aforesaid whether or not the same occurs in the course of performance of the Company of the Contract or in which are in the contemplation of the Company and or the Consignor or in the events which are foreseeable by them or either of them in event which would constitute a fundamental breach of the Contract or the breach of the fundamental term thereof.
11. The Company may charge freight by weight, measurement or value and may at any time reweigh or re-value or re-measure and charge proportional additional freight accordingly.
12. The company may arrange for the carriage of the goods by any independent contractor or sub-contractor of the Company.
13. The customer shall be and remains responsible to the Company for all proper charges incurred by the Company for any reason..
14. Freight shall be considered earned whether the goods are delivered to the consignee or not and whether damaged or other wise. Under no circumstances will any payment for freight be refunded.
15. All Goods (and documents relating to such goods) shall be subject to a particular and general lien in favour of the Company for monies due either in respect of such goods or for any particular or general balance or other monies due from the customer to the Company. If any monies due to the company are not paid within one(1) calendar month after written notice has been given to the person from whom the monies are due being given to the Customer such goods which are retained may be sold by auction or otherwise at sole discretion of the Company and the proceeds may be applied to or in satisfaction of any particular and or general lien, If after deduction of all monies owing to the Company including the expenses of sale there is a surplus balance of sale proceeds, such surplus shall be accounted for by the Company to the Customer
Storage and Distribution
16. In these terms and conditions the term storer relates to the person or persons , in whose name the goods are being held. The goods are stored entirely at the risk of the Storer and the Company will not be liable to any person or persons for any loss or damage to the goods or part thereof or for any death or injury caused to any person arising out of the storage of the goods and whether caused wholly or partly directly or indirectly by such storage and whether such loss, damage, death or injury arises from the negligence of the Company or otherwise and this indemnity extends to any consequential loss arising there from.
17. The Storer hereby indemnifies and keeps indemnified the Company from all claims and liabilities of whatsoever nature in connection with any loss, damage, death or injury as aforesaid.
18. It shall be the sole responsibility of the storer to arrange insurances as it sees fit to cover all risks of damage or loss to goods stored with the company. This includes but does not limit coverage for burglary or theft, floods, leakage or overflow of water, heat or fire ,pests or vermin, damp, mildew or rust, acts of God, war, explosion, strikes and labour troubles. The company will be under no responsibility whatsoever to see that such insurance has been effected
19. If the rent or charges in respect of the goods or part thereof shall be in arrears and unpaid for three months the Company may give seven (7) days notice in writing to the Storer requiring the Storer to pay the rent or charges in arrears and unpaid. If upon the expiration of seven (7) days from the giving of such notice the Storer has failed to pay such rent or charges the Company may open any package or container in which the goods are contained and may sell such goods or any part thereof and the Company shall not be liable to any person for any loss or damage thereby caused.
20. While the company will use its best endeavors to check that goods brought into the warehouse comply with accompanying paperwork, the company will not be responsible for ensuring such compliance and will not be subject to any liability for any discrepancy between such goods and paperwork.
21. The company will carry stock takes of the storer’s goods at regular intervals. The company shall in no way or to any extent be liable for any error or inaccuracy in recording the results of its stock takes or in reporting or not reporting those results to the storer. Where the company reports such results to the storer these shall be final and conclusive between the company and the storer and no alleged discrepancy will be recognized unless it is raised by the storer within 24 hours of the results being reported.
22. The company reserves the right at any time and from time to time to amend these Terms and Conditions without notice to the customer. All such shall have force and effect forthwith .It will be the absolute responsibility of the consignee or storer to ensure from time to time that it has an up to date copy of the company’s Terms and Conditions which the company will make available on request.
In line with the Australian Privacy Act 1988, Newcastle Freight Logistics operates according to a strict policy that covers privacy and security on the internet and in our offline business practices. Newcastle Freight Logistics complies with the ten National Privacy Principles contained within the act. These are:
* Collect personal information in a manner that is fair, lawful and not intrusive
* Only use or disclose information for the primary purpose for which it was collected
* Ensure personal information is accurate, complete and up-to-date
* Protect personal information from misuse and loss, and from unauthorised access, modification or disclosure
* Have a policy document outlining your information handling practices and make this available to anyone who requests it
* Give an individual access to personal information you hold about them when requested to do so
* Only adopt, use or disclose a Commonwealth Government identifier if particular circumstances apply that would allow you to do so
* Give people the option to transact with you anonymously whenever it is lawful and practicable to do so
* Only transfer personal information to a recipient in a foreign country if the information will have appropriate protection
* Do not collect sensitive information unless the individual has consented; the collection is required by law; or in other special circumstances
Collection of Personal Information
Newcastle Freight Logistics needs to collect personal information for the purposes of performing business transactions. This information is collected with your knowledge and consent, and includes:
* Your business name, ABN, business address, and contact information
* Any service-specific information, including technical and business specifications
Our websites, email systems and other technology record information about all site visits or messages sent to us. The information is recorded automatically and includes:
* The IP Address of your computer
* The date and time
* The information you requested
* Any information you sent us (such as an email)
* The referring page from where you initially entered our website
* The session identifier of your last visit to our website
For authenticated users of our web services, we also record your login details in order to provide you with the service.
Use and Disclosure
Personally identifiable information is only used for the purpose it was collected. This allows us to provide our services to you. If you decide to cease dealing with Newcastle Freight Logistics you can request all of your information to be destroyed.
Your personally identifiable information may also used to conduct credit checks with credit organisations if you decide to purchase any Newcastle Freight Logistics products or services.
Other non-personally identifiable information such as server logs are used to maintain our services and to provide broad statistical analysis of our website performance.
We may use the information we collect for our own promotional activities in order to offer you products or services that may suit you. You can opt-out of all communications.
No information collected at Newcastle Freight Logistics is transferred or sold to third parties for the use of promotional marketing.
Accuracy of Information
You can contact us to view and amend any of the information we store about you via our contact page.
Newcastle Freight Logistics requires accurate information to provide you with our services.
Protection of Information
Newcastle Freight Logistics offers protection of your information in the following ways:
* All sub-contractors that deal with Newcastle Freight Logistics and are exposed to your information are required to have a non-disclosure agreement in place Newcastle Freight Logistics
* All staff have non-disclosure agreements with Newcastle Freight Logistics
* All sensitive information, such as credit cards and Commonwealth Government Identifiers, are stored on a computer system with limited staff access. This computer system is inaccessible from the internet.
* No sensitive information is kept on servers accessible from the internet
* All confidential information relating to any services we provide is stored behind industry-standard firewalls to protect from unauthorised access. You can request that we not use the internet to transmit or store this information.
* Any sensitive information on hardcopy is stored in lockable filing cabinets, and is shredded when it is no longer needed.
A Privacy Officer has been appointed to manage privacy within Newcastle Freight Logistics, and can be reached via our contact page.
Access to Information
Upon request we will provide you with all the information we have collected from you. We may charge a fee to provide this information if it involves over one hour to prepare.
Use of Commonwealth Government Identifiers
Newcastle Freight Logistics uses ABNs for all businesses that we provide our products and services. This information is used to conduct business checks on your organisation. This information is stored offline, inaccessible from the internet.
Newcastle Freight Logistics cannot provide products or services anonymously as we require identifiable information to technically set up all the products and services we provide. However we can provide pre-sales information such as quotations and analysis anonymously. Please specify this when you make initial contact.
You may also anonymously browse our publicly-available content on our websites by choosing not to log in or register. Personally-identifiable information is only collected with your consent, or when you send us information such as in an email or website form.
Newcastle Freight Logistics is bound by other legislation that requires us to disclose internet activity by our users upon request from certain government departments such as ASIO or the federal police. Newcastle Freight Logistics will only supply information to these authorities when required by law.
Transfer of Information
Newcastle Freight Logistics will occasionally transfer information to third parties for the purposes of providing services to you. This sometimes occurs automatically, as we rely third parties to provide some of our technical services such as credit card processing.
Newcastle Freight Logistics will not transfer information to a recipient in a foreign country if the information will not have appropriate protection.
Newcastle Freight Logistics does not collect personally-identifiable information without your consent. For our websites you provide consent by clicking the submit button on any web-based form.
Before we commence trading with customers we will require you to provide personally-identifiable information to us. Your consent is given by signing and returning any service application forms or proposals.
If you do not wish for us to hold any personal information, please let us know by contacting the Privacy Officer.