Indeed, here's an improved version of the Terms and Conditions for Freight Move, along with a revised Security Policy for Confidential Information:
Terms and Conditions for Freight Move
1. Definitions
In these conditions:
- "The Haulier" refers to FREIGHT MOVE, operating under its name and any other business name, including its officers, servants, agents, and subcontractors.
- "Sender" means the party entering into this contract.
- "Goods" represent the cargo accepted from the sender, including any containers, packaging, or pallets provided by or on behalf of the sender.
- "Services" encompass all operations and services provided by the Haulier related to the goods, including but not limited to transportation, storage, and handling.
- "Sub-Contractor" includes:
- Companies that become subsidiaries of Freight Move.
- Railways or airlines operated by the Commonwealth of Australia or any State of Australia.
- Any other entity the haulier engages to transport goods under this contract.
- Any individual who is a servant, agent, employee, or subcontractor of the entities mentioned in i. and iii. Above.
2. Non-Common Haulier
The Haulier is not a Common Haulier and accepts no liability as such. The Haulier reserves the right to refuse the transportation of goods, at its discretion, from any person, corporation, or company and for any class of articles.
3. Agreement Variation
The haulier will not be bound by any agreement attempting to modify these conditions unless such concurrence is in writing and signed by an Executive Officer of the Haulier.
4. Use of Sub-Contractors
The Haulier may engage sub-contractors or agents for the carriage, storage, or handling goods. Such arrangements are deemed ratified by the sender upon delivery of the goods to these sub-contractors or agents. All exemptions, defences, and immunities applicable to the Haulier also apply to sub-contractors and agents.
5. Limitation of Liability
The Haulier, its agents, subcontractors, or any other party involved in transporting goods shall not be liable for personal injury, loss, damage, mis-delivery, delayed delivery, non-delivery, or any consequential failure or injury, except as required by law.
6. Risk and Insurance
- The risk of goods is with the sender, except as provided in Clauses 22 and 23. The Haulier does not provide insurance for the goods and strongly recommends that the sender obtain suitable insurance coverage.
- The Sender is responsible for any Customs duty, excise duty, or other costs related to the goods.
- Volatile, explosive, corrosive, or offensive goods must be adequately declared and handled in compliance with applicable laws. The sender is liable for any loss or damage associated with the carriage of such goods.
- The goods must be adequately packed to withstand ordinary risks of carriage. The sender indemnifies the Haulier for any losses due to breach of these warranties.
- The Sender's accurate description of goods is essential on the Consignment Note/Linepad/Electronic Transfer.
- The Sender accepts the Haulier's quoted or applicable rates for consignment.
7. Lien for Charges
The Haulier has a general lien on goods for all charges due, which includes payments for other services provided by the Haulier. The Haulier may take action to recover costs, including removing, storing, or selling the goods.
8. Limitation of Liability Continuation
The limitations and exclusions of the Haulier's liability apply regardless of any breach or departure from the contract conditions.
9. Container and Pallet Compliance
The conditions of carriage apply to containers, packaging, and pallets provided by the sender. The sender is responsible for ensuring compliance and for any expenses incurred due to non-conformity.
10. Pallet Handling
If the Haulier is instructed to exchange or transfer consigned pallets, the sender indemnifies the Haulier against any loss or non-recovery of the consigned pallets.
11. Method of Handling and Inspection
The Haulier will prioritise the agreed method of handling or storage. If this method is not feasible, the Haulier may use an alternative approach. The Haulier may inspect goods to determine their nature or condition if necessary.
12. Charges and Delays
The sender is responsible for all charges incurred. The Haulier may charge for delays in loading or unloading exceeding 15 minutes. The Sender's or Receiver's responsibility is the loading or unloading labour costs.
13. Freight Calculation
The Haulier may calculate freight by weight, measurement, or value and may re-weigh, re-measure, or re-value the goods as necessary.
14. Delivery Authorisation
The haulier is authorised to deliver goods to the address specified by the sender. Delivery is completed when the Haulier obtains a receipt or signed delivery docket at that address. If delivery is impossible, the Haulier may deposit or store the goods.
15. Packing Responsibility
The sender is responsible for any damage or loss during packaging or transporting goods.
16. Severability
If any purveying of this contract is unenforceable, it shall not affect the validity of the remaining provisions.
17. Applicable Laws
These conditions are subject to implied terms, conditions, or warranties imposed by applicable legislation, including the Trade Practices Act 1974.
18. Sea-Going Vessel
For goods carried on sea-going vessels, the terms and conditions of the ship owner's Bill of Lading in use at the time of shipment apply. The haulier is not liable for loss or damage during the ship owner's care, custody, or control.
19. Security Policy for Confidential Information
General
- Sensitive information must not be transferred to unauthorised individuals.
- Drivers must ensure adequate security when handling sensitive items at each destination.
- Sensitive information should be stored only in designated secured areas.
- Only authorised Freight Move employees may access confidential information.
- All drivers are trained on security and confidentiality measures before employment, including police checks.
End of Terms and Conditions
These revised Terms and Conditions and the Security Policy aim to provide clarity and comprehensiveness while protecting sensitive information during transportation and handling.