TERMS OF ACCOUNT    Back

  1. Payment terms are strictly nett cash 30 DAYS FROM THE DATE OF THE LOAD and payment for loads must be settled by the appropriate due date.

  2. Customers must advise CLEVELAND FREIGHTLINES PTY LTD, in writing of any changes in its business structure as shown on this form.

  3. If you:-

    1. fail to observe either of the above terms, OR

    2. have made a representation to us or given us information which is untrue;

    then credit facilities may be withdrawn and all charges made to your account will become due immediately.

OVERDUE ACCOUNTS

  1. Any amounts not paid by the due date (being 30 days from the date of the load) will at the discretion of CLEVELAND FREIGHTLINES PTY LTD be subject to action being taken as deemed necessary by CLEVELAND FREIGHTLINES PTY LTD to recover the overdue amounts.

  2. CLEVELAND FREIGHTLINES PTY LTD retains the right to possession of any goods pending the payment of any overdue amounts.

  3. The Customer undertakes to reimburse CLEVELAND FREIGHTLINES PTY LTD for any expenses incurred in connection with recovery of amounts overdue.

PRIVACY

  1. You acknowledge that you have read the CLEVELAND FREIGHTLINES PTY LTD Privacy Statement attached to this document.

  2. The following provisions apply to you and to the individuals named below (the individuals) in their personal capacity. To the extent that it applies to the individuals, it extends to consumer credit information about the individuals.

  3. Subject to the Privacy Act 1988 and for as long as CLEVELAND FREIGHTLINES PTY LTD provides credit to you then:

    1. CLEVELAND FREIGHTLINES PTY LTD may disclose information contained in your credit application to a credit reporting agency;

    2. You and the individuals agree that disclosure by a credit reporting agency and collection and use by CLEVELAND FREIGHTLINES PTY LTD of credit information may occur for the purpose of assessing this application, monitoring credit-worthiness and collecting overdue payment;

    3. You and the individuals agree that CLEVELAND FREIGHTLINES PTY LTD may disclose credit information to other credit providers if they seek a reference from us about the conduct of your account.

  4. The rights given to Cleveland Freightlines under paragraph (c) also apply to any agent of Cleveland Freightlines that is deemed to be a credit provider under Section 11B(5) of the Act.

TERMS AND CONDITIONS OF CARTAGE

Freight will be transported in accordance with CLEVELAND FREIGHTLINES PTY LTD current terms and conditions of cartage, which are contained herein, with any alterations as may be notified to you from time to time.

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CONDITIONS OF CARTAGE    Back

The cartage of the goods specified herein by the Carrier for and on behalf of the Sender shall be subject to the following conditions:

“CARRIER” means and includes CLEVELAND FREIGHTLINES PTY LTD, it’s servants, agents or subcontractors;

“RECEIVER” shall mean and include the receiver of the goods and any person acting on behalf of any such person;

“SENDER” shall mean and include any person delivering the goods to the carrier or owning or being entitled to the possession of the goods and anyone acting on behalf of any such person;

“GOODS” shall mean the goods described herein and shall include any wrapping, packaging, container, transportable tank, flat pallet, parcel, case, crate and all the contents thereof;

“PERSON” shall include any corporate body whatsoever;

“SUBCONTRACTOR” shall mean and include any person with whom the Carrier may arrange from time to time for the carriage of the goods and any person who shall be the servant, agent, employee or subcontractor of any such person;

“WORDS” importing the male gender include the female and neuter genders and words importing the singular shall include the plural;

  1. The Sender expressly warrant that the Sender is either the owner or is the duly authorised agent of the owner of the goods and by entering into this agreement the Sender accepts on behalf of the owner of the goods these conditions of cartage.

  2. The Carrier expressly is not a Common Carrier and shall not be liable to any person in respect of any loss or damage whatsoever to any goods including any consequential loss or loss or damage occasioned by the misdelivery or nondelivery of such goods or loss or damage to such goods while the same are in the custody or under the control of the Carrier or its Subcontractor.  The loss or damage referred to shall mean and include without limiting the foregoing loss or damage caused by the negligence or wilful act or default of the Carrier, its Subcontractor or others whether or not such loss or damage is foreseeable or contemplated by the Carrier.

  3. The Carrier shall be at liberty to refuse the carriage of any goods at any time as it in its absolute discretion sees fit.

  4. The Carrier shall not be bound to deliver the goods to the Receiver on or before any due date and shall not be liable to the Sender or the Receiver or any other person in the event of the non delivery of the goods by any due date.

  5. Insurance for the goods will not be affected by the Carrier except at the Sender’s expense and upon the express instructions of the Sender in writing to the Carrier.  If the Sender shall require that the goods be insured then he shall pay unto the Carrier such sum as is requested by the Carrier being the applicable insurance premium plus a sum being ten per centum (10%) thereon.

  6. The description and particulars including particulars of the mass, of the goods set out on the face hereof are provided by the Sender and the Sender warrants to the Carrier that the same are true and correct.  The Sender shall indemnify and save and keep harmless the Carrier in respect of any damage, loss, fine or penalty suffered or incurred by the Carrier in the event that any such particulars are not correct.

  7. The Sender warrants to the Carrier the adequacy and suitability for the purposes of carriage any packaging, wrapping, container, transportable tank, pallet, parcel, carton or case which has been supplied for on behalf of the Sender and will indemnify the Carrier against any loss arising out of the lack of adequacy or suitability of such packaging, wrapping, container, transportable tank, pallet, parcel, carton or case.

  8. The price payable by the Sender to the Carrier shall be such freight charge as is described herein and such sum shall be come immediately due and payable forthwith upon the delivery of the goods to the Carrier notwithstanding that the goods, or some of them may not be delivered by the Carrier or the Subcontractor to the Receiver.

  9. All representations and warranties are hereby excluded except as are included in these conditions of carriage and these conditions of carriage shall constitute the whole of the contract between the Carrier and the Sender.

  10. The Sender hereby authorises the Carrier to enter into at its absolute discretion any contract with any other person for the carriage of the goods.  Any such contract shall be deemed to be agreed to by the Sender upon delivery of the said goods to such subcontractor who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Carrier.

  11. It is acknowledged by the Sender that the person delivering the goods to the Carrier for cartage is duly authorised by the Sender to sign this document for and on behalf of the Sender.

  12. It is herby acknowledged that in the event of any provision of these conditions being unenforceable for any reason whatsoever then the same shall be severed from the remainder of the conditions and shall not effect the enforceability of the remainder of the conditions.

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PRIVACY POLICY    Back

Cleveland Freightlines Pty Ltd (“CFL”) values your privacy. This statement sets out the way in which CFL handles personal information about individuals.

  • CFL is an organisation that is bound by the National Privacy Principles under the Privacy Act 1988. A copy of the National Privacy Principles is available to be viewed at our office, or you can obtain a copy from the Office of the Federal Privacy Commissioner.

  • Usually we collect personal information directly from individuals when they apply for a credit account with us, or request us to provide services to them. However, in some circumstances we may collect personal information from other sources – for example, we may obtain trade references in relation to a credit application. If you apply for a credit account with us, we seek your consent on the “Credit Application” form to collect and exchange credit information.

  • If you do not provide us with the personal information we request, we may be unable to establish your account or provide you with the services you have requested.

  • The kind of personal information which CFL holds is:

    1. individual’s names and addresses and other contact details;

    2. details of an individual’s involvement with their business – for example, whether they are a director of the company – as well as sufficient information to identify them if we need to carry out credit checks;

    3. other information relevant to a customer’s credit account or request for services.

  • The main purpose for which CFL collects this information is to enable us to provide freight transport services to our customers. We also use the information for internal business purposes, such as monitoring credit accounts, quality assurance and market research.

  • CFL may also use the information to provide you with promotional information about our services. You may inform us if you do not wish to receive this type of information.

  • CFL does not disclose personal information to other organizations without consent. CFL sub-contracts some services to other organisations. If we do this, we disclose to the sub-contractor only that information which is necessary for the provision of the services, which does not include personal information.

  • Under the National Privacy Principles, you have a right to have access to personal information held about you, and to correct or update the information if you can establish that it is incorrect. We may require you to provide proof of identity before we release information to you.

  • This policy is subject to change. If you have any concerns or queries about our privacy policy, or if you would like further information about the way CFL handles personal information, please contact us on (08) 8268 2499.

Review of Policy

The Privacy Policy will be reviewed annually in consultation with the Health and Safety Committee.

The review will involve assessing the effectiveness of the policy and program by such means as:

  • Reviewing the overall performance.

  • Monitoring the effectiveness of policies and procedures.

Dissemination of Policy

As part of each new employee’s induction, they will have the Cleveland Freightlines Privacy Policy explained to them. Employees will have ready access to all policies and procedures through their supervisors and health and safety committee members.

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