Legal entity name	BATALA TRANSPORT GROUP PTY LTD
ABN	29 650 924 897
Last updated date	15 March, 2026

 

 

1. Definitions
In these Terms & Conditions:
“Company” means BATALA TRANSPORT GROUP PTY LTD (ABN 29 650 924 897) trading as Speed Post, including its employees, officers, agents, contractors, subsidiaries, related entities, successors and assigns.
“Customer” means the shipper (consignor), receiver (consignee), owner of the Goods, bailor of the Goods, or any person for whom any Services are arranged or performed.
“Goods” means the chattels, articles or things tendered by the Customer for the Services and includes any container(s), unit load device(s), packaging, pallet(s), or other material delivered with them to the Company or any Subcontractor by or on behalf of the Customer.
“Government Authority” means any government department, agency, authority, regulator or statutory body with responsibility for the import, export, handling, transport, inspection, taxation or regulation of Goods, including without limitation the Australian Border Force, Department of Agriculture, Fisheries and Forestry, Australian Taxation Office, and any successor body.
“Services” means the carriage, transport, movement, booking, coordination, packing, handling, storage, warehousing, customs clearance, or any other service arranged or performed by the Company, whether pursuant to or ancillary to this contract.
“Dangerous Goods” means Goods that are or become noxious, hazardous, dangerous, explosive, radioactive, flammable, toxic, corrosive, or otherwise capable by their nature of causing damage or injury to persons, property, animals, plants, or any thing in which they are carried, handled or stored.
“Valuables” means bullion, coins, cash, negotiable instruments, precious stones, jewellery, antiques, artworks, or other items of unusual value.
“Perishable Goods” means Goods liable to deteriorate in quality or value, including but not limited to food, dairy, meat, produce, flowers and similar items.
“Subcontractor” means any person, company, carrier, operator, warehouse provider, courier or contractor engaged by the Company to perform or arrange all or part of the Services.
“Carriage by Air Convention” means any applicable legislation incorporating the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, Montreal Protocol No. 4, the Montreal Convention 1999, and any amendments, re-enactments or successor legislation.
“CCA” means the Competition and Consumer Act 2010 (Cth), including Schedule 2 of that Act, being the Australian Consumer Law.
Words importing the singular include the plural and vice versa. Words importing a gender include all genders. References to a person include an individual, corporation, partnership, trust, or other legal entity.

2. Company Capacity
The Company and the Customer agree that:
a. the Company acts as agent only in arranging the Services, except where: i. the Company itself performs the Services or part of them; ii. the Company expressly agrees in writing to act as principal; or iii. a court of competent jurisdiction determines that the Company acts as principal.
b. without limiting clause 2(a), the Company acts as agent where an air, road, rail or sea carrier issues its own consignment note, air waybill, shipping document or similar transport document naming the Customer or its agent (other than the Company) as consignor, shipper or consignee.
c. the provision by the Company of containers, equipment, technology, booking systems, labels, tracking systems, or other logistics support does not of itself make the Company a principal carrier.

3. Not a Common Carrier
The Company is not a common carrier and accepts no liability as such. All Services are arranged, undertaken and/or performed subject only to these Terms & Conditions, which constitute the entire agreement between the Company and the Customer unless otherwise agreed by the Company in writing.
No person has authority to waive or vary these Terms on behalf of the Company unless the waiver or variation is in writing and signed by an authorised representative of the Company.
The Company reserves the right, at its sole discretion, to refuse, suspend, cancel, inspect, open or remove any booking, Goods or Services before, during or after transit, including where the Goods are unsafe, prohibited, incorrectly declared, inadequately packed, or unlawful to transport.

4. Contracting With Third Parties
As agent or principal under clause 2, the Customer authorises the Company to contract in its own name or the Customer’s name with any Subcontractor for the performance of any part of the Services.
The Customer also authorises any Subcontractor to subcontract all or part of the Services on any terms that Subcontractor considers appropriate.
Any such contract may be made on the terms and conditions used by the relevant Subcontractor, including terms that limit or exclude liability. The Company is entitled to the full benefit of all rights, privileges, immunities, limitations and exclusions available to any Subcontractor under those terms or under any compulsorily applicable law.
Subcontractor terms are available from the Company on request where reasonably available.

5. Himalaya Clause / Prevention of Suit / Circular Indemnity
The Customer undertakes that no claim or allegation will be made against the Company’s employees, officers, agents, contractors, Subcontractors or any other person for whom the Company may be vicariously liable, where such claim attempts to impose liability on that person in connection with the Goods or Services.
If such a claim is made, the Customer indemnifies the Company against all consequences of that claim.
Each such person shall have the benefit of every provision in these Terms benefiting the Company as if those provisions were made expressly for their benefit. In entering into this contract, the Company does so on its own behalf and also as agent and trustee for those persons.

6. Customer Warranties
The Customer warrants that:
a. it is the owner of the Goods or has the authority of the owner or person having an interest in the Goods to deal with them and to contract with the Company on these Terms;
b. any person delivering, booking, dispatching or accepting the Goods on behalf of the Customer is duly authorised to do so;
c. the Goods are properly and sufficiently packed, labelled, marked, secured, described and prepared for the Services requested;
d. all information supplied by the Customer, including dimensions, weight, cubic volume, quantity, contents, value, dangerous goods status, collection and delivery details, is accurate and complete;
e. the Goods are fit for carriage and lawful to transport;
f. the performance of the Services will not cause the Company or any Subcontractor to breach any law, regulation, code or requirement of any Government Authority.
The Customer indemnifies the Company against all loss, damage, fines, penalties, costs and expenses arising from any breach of this clause.

7. Exclusion and Limitation of Liability
7.1 General exclusion — Subject to any mandatory law that cannot be excluded, the Company is not liable for any loss, damage, delay, deterioration, misdelivery, non-delivery, contamination, theft, or destruction of Goods, or any other loss suffered by the Customer or any other person, however caused, including where caused by: any act or omission of the Company, its employees, agents or Subcontractors; negligence; breach of contract, breach of bailment, or fundamental breach; inaccurate information supplied by the Customer; compliance with instructions from the Customer or any Government Authority; seizure, examination, fumigation, decontamination or treatment by any Government Authority; or events beyond the Company’s reasonable control.

7.2 Where liability cannot be excluded — Where liability cannot be excluded by law, the Company’s liability is limited, at the Company’s option, to: supplying the Services again; paying the cost of having the Services supplied again; or, where liability relates to Goods, the lesser of AUD $100 or the invoice value of the Goods at the time they were received by the Company.

7.3 International and mandatory conventions — Where any international convention, statute or law applies compulsorily, including any Carriage by Air Convention, carriage of goods by sea legislation, or other transport legislation, those provisions are deemed incorporated into these Terms and any rights, immunities, defences and limitations available under them are available to the Company.

7.4 No consequential loss — To the maximum extent permitted by law, the Company is not liable for indirect, special or consequential loss, including loss of profit, loss of revenue, loss of market, loss of opportunity, loss of contract, business interruption, or reputational damage.

7.5 No COD liability — The Company is not liable for any failure or inability to collect cash on delivery, freight on delivery, or any other monies from any consignee or third party.

7.6 No declared value unless agreed — No declaration of value will be made to any carrier for the purpose of extending liability unless expressly agreed by the Company in writing and any additional charge required by the Company has been paid.

7.7 Claims time limits — The Customer’s right to make any claim is strictly conditional on compliance with the following: any claim for loss or damage must be made in writing within 7 days of delivery or completion of the Services, whichever occurs first; any claim for non-delivery must be made in writing within 60 days of the date the Goods should have been delivered or the Services completed; any legal proceedings against the Company must be commenced within 9 months from the earlier of the date of the contract, the completion of the Services, the date of delivery, or the date the Services should have been completed. Failing this, the claim is barred and any right of action is extinguished.

8. Insurance and Extended Liability
The Company may, by separate written agreement and on payment of additional charges, agree to assume greater liability than stated in clause 7.
Unless otherwise agreed in writing, the Customer acknowledges that the Services are provided at a lower cost on the basis that the Company is entitled to rely on the exclusions, limitations and indemnities in these Terms.
At the Customer’s written request, the Company may arrange transit insurance as agent only for the Customer through an insurer or broker. Any insurance is subject to the insurer’s terms, conditions, exclusions, limits and policy wording. If an insurer rejects or limits a claim, the Customer has recourse only against the insurer, not the Company.
Unless expressly agreed in writing, the Company does not arrange insurance for the Customer.

9. Loading and Unloading
Unless otherwise agreed in writing, the Customer is responsible for loading and unloading the Goods and for providing suitable labour, equipment and facilities.
Where loading or unloading is delayed for reasons not caused by the Company, the Customer is liable for all resulting costs, including waiting time, demurrage, storage, redelivery charges and additional transport charges.
The Customer warrants that collection and delivery sites are safe, accessible and suitable for the relevant vehicle and the Goods.

10. Storage / Warehousing
Where the Company provides storage or warehousing: the Customer must ensure the Goods are securely packed and safe to store; the Customer must notify the Company in writing of any special handling or storage requirements; the Company may store the Goods in any location and move them between locations at its discretion; storage is at the Customer’s risk and expense; and if identifying marks or documentation are lost, damaged or unclear, the Company may open packaging to identify the Goods or their ownership.

11. Termination
Where storage or ongoing services are provided: either party may terminate the arrangement after any minimum period agreed, by giving at least 14 days’ written notice; if the Customer breaches this agreement, the Company may give 7 days’ notice to remedy the breach, failing which the Company may terminate immediately; and on termination, the Customer must pay all outstanding fees and remove the Goods promptly, failing which the Goods may be treated as abandoned and dealt with under these Terms.

12. Customer Indemnity
The Customer indemnifies the Company against any claim, loss, damage, liability, fine, penalty, tax, duty, charge, cost or expense incurred by the Company in connection with the Goods or Services; as a result of any breach by the Customer of these Terms; because of any inaccuracy in the Customer’s instructions or declarations; or arising from the nature, defect, quality or condition of the Goods.
This clause survives delivery, completion of the Services and termination of the contract.

13. Quotations
All quotations are estimates only, based on the information supplied by the Customer, and are subject to withdrawal, revision or correction without notice until accepted by the Company.
Quoted charges may change if there are additional services, incorrect declarations, revised dimensions or weights, reclassification, carrier surcharge changes, fuel levy changes, access issues, or other additional costs.
The Goods may be reweighed or remeasured. If the actual chargeable weight, dimensions or service requirements differ from the original booking details, the Customer will be charged accordingly.

14. Inspection, Release of Goods and Information
The Customer authorises the Company, where reasonably necessary in connection with the Services, to pay duties, taxes, charges, storage fees, outlays and other expenses in respect of the Goods; provide information and documents relating to the Customer, the Goods or the Services to Government Authorities, carriers, warehouses, insurers or other relevant parties; and allow the inspection, opening, scanning, treatment or release of the Goods as required by law or by any Government Authority.
The Customer indemnifies the Company for all resulting costs, fines, losses and expenses.

15. Fees and Charges
15.1 General payment obligation — The Customer must pay the Company for all Services provided and all additional costs incurred in relation to the Services, whether payable to the Company, a carrier, a terminal, a warehouse, a Government Authority or any third party. Charges become payable when the Goods are collected, delivered to the Company or a Subcontractor, or when an invoice is issued, whichever occurs first. All fees are non-refundable except to the extent expressly stated in the Refund Policy below or required by law.

15.2 Payment methods / AutoPay — Where the Customer pays by credit card, debit card, direct debit or any automatic payment method made available by Speed Post, the Customer authorises the Company to charge the original quoted amount plus any later adjustments, surcharges, reweigh fees, carrier charges or other amounts payable under these Terms. Certain duties, taxes or other charges may need to be paid by alternative payment methods.

15.3 No set-off — The Customer must not withhold payment, make deductions, or set off any claim against amounts due to the Company.

15.4 Additional charges — Without limitation, the Customer agrees to pay additional charges where applicable, including after-hours fees, customer book-in fees, call-before fees, cancellation fees, customs and border charges, dangerous goods charges, driver waiting time, futile pickup or delivery fees, hand load/unload charges, crane or HIAB charges, manual consignment or label fees, manual handling fees, priority or express surcharges, oversize or overweight charges, PO Box delivery surcharges, redelivery fees, redirection fees, repackaging costs, residential charges, return to sender fees, security surcharges, storage fees, tail-lift fees, fuel levies, carrier-imposed surcharges, and any charge arising from incorrect or incomplete declarations by the Customer.

15.5 Credit and overdue accounts — The Company may suspend or withdraw credit facilities at any time. Interest may be charged on overdue amounts at the rate charged by the Company’s principal bank for unsecured overdrafts plus 5% per annum, calculated daily. The Customer is liable for all costs incurred by the Company in recovering overdue amounts, including legal costs on a full indemnity basis and debt collection agency fees.

16. Refund Policy
16.1 Refund eligibility — Refund requests must be made within 90 days from the original service date. No refund request made after 90 days will be considered.

16.2 Refund process — To request a refund, the Customer must contact Speed Post through the designated support or refund process and provide all requested information, including booking reference, tracking details, proof of payment and supporting documents.

16.3 Circumstances where a refund may be considered — A refund may be considered where the shipment is lost, the shipment is damaged subject to these Terms and any applicable carrier rules, the shipment is delivered to the wrong address due to the Company’s or carrier’s error, or the Customer has been incorrectly billed due to a pricing or billing error.

16.4 Non-refundable circumstances — Refunds will not be given for delays outside the Company’s reasonable control, Services completed in accordance with the booking selected, additional charges caused by incorrect dimensions, weights, addresses or service declarations, changes of mind after the Service has commenced, or any matter excluded by these Terms or by the relevant carrier’s terms.

16.5 Refund method — Approved refunds will generally be processed using the original payment method. Processing times may vary and may take up to 30 business days depending on banks, payment gateways and carriers.

16.6 Company discretion — The Company may request further information before assessing a refund request and may refuse any request that does not meet these Terms or is not supported by sufficient evidence.

17. Routes, Procedures and Methods
If the Company agrees to use a particular route, method, service level, carrier or procedure, it will use reasonable efforts to do so but may vary or substitute that route, method, carrier or procedure without notice where reasonably necessary.
The Customer authorises the Company to use alternative carriers, operators or service providers where required.

18. Lien and Security Interest
The Company has a particular and general lien over the Goods and any related documents for all amounts owing by the Customer to the Company.
The Customer agrees that these Terms create a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA) and grant the Company a security interest in the Goods and related documents.
The Company may retain possession of the Goods and, where permitted by law, sell or otherwise dispose of them and apply the proceeds to amounts owed by the Customer, including storage, sale and enforcement costs.
The Company will account to the Customer for any surplus remaining after payment of all amounts due.

19. PPSA Registration
The Customer agrees to do all things and provide all information reasonably required by the Company to register, maintain, amend or discharge any security interest under the PPSA; reimburse the Company for all costs associated with any PPSA registration or discharge; and not register or permit to be registered any financing statement or financing change statement in relation to the Goods in favour of a third party without the Company’s prior written consent.
To the extent permitted by law, the Customer waives its rights to receive notices and copies of verification statements under the PPSA.

20. Valuables and Dangerous Goods
Unless expressly agreed in writing, the Company will not accept Valuables or Dangerous Goods.
If the Customer tenders such Goods without prior written approval, the Customer does so entirely at its own risk and indemnifies the Company against all resulting loss, damage, cost, claim, fine, duty, penalty or expense.
The Company or any person in possession of the Goods may destroy, dispose of, abandon, neutralise or otherwise deal with Dangerous Goods at the Customer’s cost if reasonably necessary for safety, legal compliance or risk management.
The Customer must ensure all such Goods are properly declared, labelled, packaged and documented in compliance with all applicable laws.

21. Delivery and Completion of Services
The Company is authorised to deliver the Goods to the consignee or any person apparently authorised at the delivery address provided.
Delivery is deemed complete if the Company or relevant Subcontractor obtains a signature, delivery confirmation, photo, electronic proof of delivery, GPS verification, safe-drop record or any other contemporaneous record reasonably evidencing delivery.
If the delivery location is unattended, inaccessible, unsafe, closed or delivery cannot otherwise be effected, the Company may leave the Goods at the premises, redeliver them, return them, or place them in storage, all at the Customer’s risk and expense.
Any dates or times quoted for pickup or delivery are estimates only and are not guaranteed unless expressly agreed in writing.

22. Sale and Disposal of Goods
Subject to any applicable law, the Company or its Subcontractors may sell, dispose of or abandon Goods at the Customer’s cost where the Goods cannot be delivered because they are insufficiently addressed, not accepted, not collected, unsafe or unlawful; the Goods are perishable and are deteriorating; the Customer fails to provide instructions, collect the Goods, or pay amounts due; or the Goods are treated as abandoned under these Terms.
The proceeds of sale may be applied to any amounts owing to the Company, including storage and sale costs, with any surplus remitted to the Customer.

23. Compliance With Laws
The Customer must comply with all applicable laws, regulations, directions and industry standards relating to the Goods and the Services, including those concerning packaging, labelling, dangerous goods, chain of responsibility, workplace safety, customs, quarantine and transport compliance.
The Customer must provide all information and documents necessary for compliance.
The Company is not liable for any loss arising from the Customer’s failure to comply with this clause, and the Customer indemnifies the Company accordingly.

24. Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia.
Any dispute arising out of or in connection with these Terms or the Services is subject to the exclusive jurisdiction of the courts of New South Wales, unless the Company elects to commence proceedings in another court of competent jurisdiction.

25. Representations
The Customer acknowledges that it has not relied on any representation, promise, statement or warranty not expressly set out in writing in these Terms or in a separate written agreement signed by the Company.

26. Severance and Waiver
If any provision of these Terms is unenforceable, that provision will be severed to the extent necessary and the remaining provisions will continue in full force.
A failure or delay by the Company to exercise any right does not constitute a waiver of that right.

27. Inconsistency and Priority
These Terms prevail over any inconsistent terms in any purchase order, booking form, shipping instruction, email, website submission or other document issued by the Customer, unless the Company expressly agrees otherwise in writing.
Use of the Customer’s own forms does not override these Terms.

28. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the CCA or Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
Where the Customer is a consumer or small business and the agreement is a consumer contract or small business contract for the purposes of the CCA, any term of these Terms will apply only to the extent permitted by law.
Where the carriage of Goods involves an ultimate destination or stop in a country other than the country of departure, an applicable Carriage by Air Convention may apply and may limit the liability of the carrier in respect of loss, damage or delay, unless a higher value is declared and accepted in writing and any required additional charge is paid.

29. Force Majeure / Reasonable Care
The Company is not liable for any failure, delay, loss or damage caused by events beyond its reasonable control, including acts of God, flood, storm, fire, accident, road closures, war, terrorism, civil unrest, industrial action, pandemics, government action, customs intervention, carrier failures, power outages, cyber incidents, or supply chain disruption.
Where such an event occurs, the Company is excused from performance and released from liability to the extent of the prevention, restriction or interference caused.

30. Website Acceptance
By booking Services with Speed Post, requesting a quote, dispatching Goods, instructing Speed Post to arrange carriage, or using the Speed Post website or platform, the Customer acknowledges and agrees to be bound by these Terms & Conditions.