Welcome To On The Box
Buyers can login here or create an account by signing up below.
Agents can register their interest to sell livestock and/or machinery here.
Terms and Conditions
On The Box
User Agreement
Terms & Conditions
January 2024
Table of Contents:
1. Introduction 5
1.1 Operation Of User Agreement 5
1.2 Variations to this User Agreement 6
2. Registration for an account 7
2.1 Warranties 8
2.2 Your account security 8
2.3 Deactivating your account. 8
3. Your use of the On The Box Platform 9
3.1 Your Rights 9
3.2 Prohibited Activities 9
4. Your data and On The Box content 11
4.1 Data you upload. 11
4.2 Using your data. 11
4.3 User Agreement Requirements. 11
4.4 Content Disclaimer and Liability Limitations. 12
5. Fees 12
5.1 Listing Fees 12
5.2 GST 13
5.3 Late Payments and Interest 13
6. Listing and Selling Lots 13
6.1 General Requirements 13
6.2 Vendor Listing Requirements 14
6.3 Agent and Vendor Listed Requirements 14
6.4 On The Box Is Not The Agent or Auctioneer 15
6.4 When Does On The Box Get Involved 15
6.5 Assessment 15
6.5 Withdrawal Of Lots 16
6.6 Stop Trades 16
6.7 Requirement to sell to highest Bidder in Auction if reserve price or buy now is met. 17
6.8 Passed In Lots 17
7. Bids And Offers 18
7.1 Making A Bid Or Offer 18
7.2 Collusive Practices 18
7.3 Bids By Agents Or Vendors On Own Lots 19
7.4 Withdrawing Lots 19
7.5 Disputes 19
7.6 Buyer Default 20
8. Agents And Assessors 20
8.1 Agents 20
8.2 Assessors 21
8.3 Insurance 21
1 | On The Box Terms & Conditions
9. Additional Livestock Responsibilities 23
9.1 Animal Welfare 23
9.2 NLIS 23
9.3 Tagging 23
10. Formation Of Contract Of Sale 24
10.1 When is it formed. 24
10.2 Contract Of Sale 24
11. Intellectual Property Rights & Confidentiality 25
11.1 Intellectual Property Rights 25
11.2 Confidentiality and Privacy 25
12. Disclaimers 26
12.1 General Disclaimers 26
13. Liability and Indemnity 27
13.1 General Liability 27
13.2 Liability Under Australian Consumer Law 28
13.3 Indemnities 28
13.4 Non-Excludable Rights 28
13.4 No Liability for lots within tolerance 29
14. Term, Suspension and Termination 29
14.1 Term 29
14.2 Suspension 29
14.3 Termination For Cause 30
14.4 Consequences Of Termination 30
15. Dispute Resolution 31
15.1 Disputes between You and On The Box 31
15.2 Disputes between parties to a Contract of Sale 31
16. General Terms 32
16.1 Force majeure 32
16.2 Notices 32
16.3 Benefit Of Indemnities 32
16.4 Enduring Clauses 32
16.5 Jurisdiction 32
16.6 Severability 32
16.7 Waiver 32
16.8 Assignment 33
17. Definitions and interpretation clauses 34
18. Standard Sale Terms 38
18.1 Transport Obligations 38
18.2 Inspection and Acceptance Of Lots 38
18.3 Title and Risk 39
19. Ticks 40
19.1 Tick Areas 40
20. Purchase Price and Payment 41
2 | On The Box Terms & Conditions
20.1 Purchase Price 41
21. Warranties 41
21.1 Mutual Warranties 41
21.2 Vendor Warranties 41
21.3 Buyer warranties and acknowledgement 42
22. Force Majeure 42
23. GST 43
23.1 GST 43
24. General 44
24.1 Jurisdiction 44
24.2 Severability 44
Schedule 1. Dispute Resolution Non-Assessed Items 45
1. Application of this schedule 45
2.1 Reporting and Negotiating Timeframe 45
2.2 If No Negotiated Resolution is Reached 45
Schedule 2. Dispute Resolution Assessed Items 46
2.1 Part A – Dispute Resolution Framework. 47
Application of this schedule 47
2.2 Stage 1: Negotiation 47
2.3 Stage 2: Mediation 48
2.4 Stage 3: Expert determination 48
Part B: Defects and Remedies in respect of Assessed Lots 49
1. Introduction 49
2. Misdescribed Assessed Lots 49
3. Defined Tolerance Of Assessed Lots 50
4. Traits 50
4.1. Single Descriptor: 50
4.2 Buyer’s discretion to Reject Livestock 50
4.3 Rejection of Livestock 50
4.5. Multiple Descriptors: 50
4.6. On The Box Compliance Parameters: 51
5. Additional Traits - Tolerance Table 2 Claims notified within 48 hours. 52
6. Claims that may be notified outside 48 hours 57
3 | On The Box Terms & Conditions
1. Introduction
1.1 Operation Of User Agreement
Introduction and Ownership:
● This document outlines the Terms and Conditions of the User Agreement for On The Box
(referred to as 'we,' 'us,' ‘our,’ or 'OnTheBox').
Account Creation and Agreement:
● By creating an account on the OnTheBox Platform, whether as a Buyer, Seller, Appraiser,
Agent, or in any other capacity, you are required to carefully read and accept all the terms
outlined in and linked to this User Agreement.
Authority for Legal Entities:
● If you are utilizing the OnTheBox Platform on behalf of a company or another legally
recognized entity, you must confirm that you possess the necessary authority and will
maintain it to act on behalf of that entity. The legal entity is responsible for ensuring that
anyone representing it or using its access credentials complies with this User Agreement.
Definition of "User":
● In this User Agreement, 'you' and 'user' refer to the individual using the OnTheBox Platform.
If you are representing a legal entity, these terms also encompass that entity and anyone
acting on its behalf or using its access credentials.
Specific Terms for Sales:
● Please be aware that specific terms and conditions may be applicable to certain sales, and
they will be clearly outlined in the respective listing.
The Roles and Services of OnTheBox:
● OnTheBox provides a platform facilitating users to list, purchase, and sell livestock,
machinery, and other items. It's important to note that OnTheBox does not own the items
listed for sale on the Platform and does not engage in the buying or selling of any items.
Contractual Relationships:
● All sales on the OnTheBox Platform are conducted by Selling Agents on behalf of Sellers.
When a purchase is made on our platform, the Buyer is entering into a direct contract with
the Seller for the item. OnTheBox is not a party to this contract and is not responsible for
ensuring its compliance.
4 | On The Box Terms & Conditions
1.2 Variations to this User Agreement
Changes and Notifications:
● We reserve the right to make updates to this User Agreement or the OnTheBox Code of
Conduct.
Announcement on OnTheBox Platform:
● All updates will be published on the OnTheBox Platform, specifying their effective date.
Changes Won't Affect Past Transactions:
● These updates will not be applied retrospectively to transactions or listings made before the
effective date.
Advance Notice for Significant Changes:
● Significant changes to the OnTheBox Platform that may adversely affect users will be
announced a minimum of 30 days before taking effect.
Acceptance by Continued Use and Regular Check Recommendation:
● It is recommended to periodically review this User Agreement and the OnTheBox Code of
Conduct to stay informed.
● Continued use of the OnTheBox Platform after the updates indicates acceptance of the new
terms.
Notification for Existing Users:
● Existing users will be notified of changes via email or upon logging in.
Option to Leave:
● In the event that users find the updates detrimental and choose not to continue using the
platform, all users have the right to terminate their own registration.
5 | On The Box Terms & Conditions
2. Registration for an account
Account Creation:
To engage in selling or buying activities on the OnTheBox website or access specific features,
possessing an OnTheBox account is mandatory.
Role Approval:
● Depending on your intended role (Buyer, Vendor, Assessor, Agent), approval from OnTheBox
is required. For example, if you plan to act as an Agent, approval is required.
Account Application:
● You can request an OnTheBox account by completing the signup process on the website.
Specific roles, such as buyer, seller, assessor, or agent, may require additional training and
accreditations, as communicated during the sign-up process.
Information and Documentation:
● During signup, providing requested information and documentation, like a driver's license
copy, is necessary for identity verification and eligibility confirmation for your chosen role on
the platform.
Approval Discretion:
● OnTheBox reserves the right to reject your OnTheBox account application or platform usage
for various reasons, including identity verification issues or previous involvement in
prohibited activities on the platform.
Financial Standing:
● To hold an OnTheBox account, you must not be bankrupt or insolvent.
Prior Account Termination:
● Reapplying for an OnTheBox account after a previous termination is allowed only with
written permission.
Registration Requirements:
● Meeting additional minimum registration requirements, as communicated during the
registration process by OnTheBox, is mandatory.
Age Requirement:
● You must be at least 18 years old to use the platform.
Agent Qualifications:
● Applicants seeking to be agents must possess the necessary qualifications, licenses,
authorizations, and consents to legally act as agents for buyers and sellers on the platform.
Assessor Qualifications:
● Assessor applicants must have successfully completed and passed the OnTheBox assessor
accreditation program or demonstrate equivalent qualifications.
● Additionally, expertise and industry experience required for the assessor role, including
holding industry-recognized accreditation, should be demonstrated.
6 | On The Box Terms & Conditions
2.1 Warranties
You agree that:
Legal Capacity:
● You affirm that you possess the legal capacity to enter into this User Agreement and commit
to utilising the OnTheBox Platform solely for lawful and legitimate purposes.
Accuracy of Information:
● You guarantee that all information provided to us is precise, truthful, and complete.
Agent Authority:
● If you operate as an agent, you assert that you hold the necessary authority to represent and
act on behalf of the vendor or buyer.
Legal Requirements Compliance:
● You currently possess and will continue to maintain all essential authorizations, licences, and
consents mandated by law to carry out your activities in connection with this User
Agreement.
Good Faith Usage:
● You commit to using the OnTheBox Platform in good faith and in strict accordance with the
terms outlined in this User Agreement.
2.2 Your account security
Keep Your Account Updated:
● It is your responsibility to maintain accurate and up-to-date information in your On The Box
Account. We shall not be held liable for any issues arising from outdated or incorrect details,
such as misdirected emails or address details.
Protect Your Account Credentials:
● Safeguard your On The Box Account by maintaining the confidentiality of your username and
password. Ensure that no unauthorised individuals can access your computer or mobile
device using this information. You are accountable for all activities on your account, even if
utilised by someone else to place bids.
Report Unauthorised Use Promptly:
● In the event of detecting any unauthorised use of your On The Box Account, please promptly
notify us.
2.3 Deactivating your account.
Closing Your Account:
● You retain the option to close your On The Box Account at your discretion by reaching out to us
and submitting a request.
Account Suspension or Termination:
● We maintain the authority to temporarily or permanently suspend your On The Box Account, as
detailed in section 14.
Deactivation Due to Non-Responsiveness:
7 | On The Box Terms & Conditions
● In instances where we have undertaken multiple reasonable efforts to communicate with you
regarding your On The Box usage, and you have not responded adequately, we may find it
necessary to deactivate your account to ensure the seamless operation of On The Box. Additional
information can be found in clause 14.
3. Your use of the On The Box Platform
3.1 Your Rights
Licence for On The Box Features:
● You are granted a personal, non-transferable (cannot be shared), and non-exclusive licence
to utilise the features of the On The Box Platform accessible through your On The Box
Account.
Feature Capabilities:
● These features enable you to:
○ Review Listings and Auction results.
○ Explore our Agents and Assessors databases.
○ Generate Listings and upload Assessments.
○ Submit bids or offers on Lots.
○ Participate in the buying and selling of Livestock, Machinery, and other items.
User-Specific Features:
● Certain features are specific to user categories. For example, the ability to place bids is
exclusively available to approved Buyers.
Compliance with Laws:
● It is imperative that you strictly adhere to all pertinent laws governing your use of the On The
Box Platform and your activities within it. This includes compliance with laws applicable
when serving as an agent or an auctioneer.
3.2 Prohibited Activities
Adherence to User Agreement:
● While utilising the On The Box Platform, strict compliance with the stipulations outlined in
this User Agreement is imperative. Users are expected to abstain from participating in the
following prohibited activities:
Unauthorised Bidding:
● Users must refrain from utilising their On The Box Account to bid or make offers on behalf of
others unless explicitly permitted by the provisions detailed in clause 7.3.
Ownership for Listings:
Only items owned genuinely or with explicit authorization should be listed for sale on the platform.
No Self-Bidding:
● Engaging in bidding for one's own items or on behalf of the item's owner, particularly by the
selling agent, is strictly prohibited.
Respectful Communication:
8 | On The Box Terms & Conditions
● Users are required to maintain a respectful tone when posting reviews or sharing User Data,
avoiding content that is harmful, prejudiced, or inappropriate.
Access Sharing:
● Sharing platform access with others or attempting to sell it is strictly prohibited.
Fair Competition:
● Activities aimed at discouraging fair competition, such as colluding with others, are strictly
prohibited.
Honesty and Legality:
● All user interactions must be honest, avoiding engagement in misleading, deceptive, or illegal
activities.
Accuracy in Uploads:
● Users must ensure the accuracy and completeness of any uploads onto OnTheBox, including
assessments and photos for listings.
Unauthorised Account Access:
● Interfering with other users' accounts is strictly prohibited.
Unauthorised Use and Profit:
● Copying or profiting from any part of the On The Box Platform without explicit written
permission is strictly prohibited.
Avoiding Harm to Platform:
● Users must refrain from using the Platform in ways that can disrupt its functionality, such as
sending viruses or malicious code.
● All users are prohibited from posting inappropriate, defamatory, or discriminatory content on
the platform.
Consequences for Violations:
● Engagement in the activities listed in the clauses may lead to liability for any losses incurred
by On The Box.
Seller-Agent Relationship:
● Additionally, users are expressly prohibited from persuading a vendor to terminate their
selling agent during the sole agency period.
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4. Your data and On The Box content
4.1 Data you upload.
Your Content, Your Ownership:
● All contributions made by users to the On The Box Platform, encompassing information,
descriptions, pictures, videos, reviews, and any other content (hereinafter referred to as
"User Data"), are recognized as the exclusive property of the respective user.
4.2 Using your data.
Your Grant of Licence:
● By using the On The Box Platform, you provide an ongoing, unlimited, transferrable,
non-exclusive, and royalty-free licence (with sub licensing rights) to On The Box. This licence
allows On The Box to utilise, modify, replicate, store, transmit, and showcase your User Data
for the following purposes:
○ Platform Operations:
■ To fulfil obligations and enforce rights as outlined in this User Agreement
and facilitate your use of the On The Box Platform.
○ Transaction Information:
■ To share pertinent information, including Purchase Price, related to sales on
the On The Box Platform.
○ Data Aggregation and Derivatives:
■ To anonymize or merge your User Data with On The Box Content or data
from other users, creating aggregated content or derivative materials while
preserving ownership rights.
○ Platform Enhancement and Product Development:
■ To enhance the Platform and associated services, as well as develop new
products and services.
○ Personalized Promotions:
■ To provide you with products and services that align with your perceived
interests.
4.3 User Agreement Requirements.
Accuracy and Integrity of User Data:
● You bear the responsibility to ensure that all User Data you contribute is accurate, truthful,
and comprehensive.
Legal Compliance and Rights:
● You affirm that your User Data will not contravene any relevant laws, including privacy
regulations, or encroach upon the rights of third parties, including Intellectual Property
Rights.
10 | On The Box Terms & Conditions
4.4 Content Disclaimer and Liability Limitations.
No Guarantees on Content:
● It is essential for you to comprehend and agree that we cannot assure or guarantee the
completeness, accuracy, reliability, or timeliness of Assessments, Listings, or any other
content on the On The Box platform.
General Information:
● All the information, data, and content presented on the On The Box Platform are of a general
nature and should not be considered a substitute for professional advice or valuations.
User and Third-Party Content:
● Any data, information, or content obtained from users or third parties on the platform is at
your own risk. Within legal confines, we disclaim responsibility for any harm it may cause.
Liability Disclaimer:
● To the maximum extent allowed by law, On The Box absolves itself of any liability for losses
or damages that may result from your reliance on content provided by users or third parties
through the On The Box Platform.
5. Fees
5.1 Listing Fees
Obligation to Pay Fees:
● To enlist a Lot for sale on the On The Box Platform as a Selling Agent or approved vendor, you
are mandated to remit the pertinent Listing Fees.
Standard Fee Calculation:
● In the absence of a distinct written agreement with On The Box concerning Listing Fees:
○ The Listing Fees will be exhibited on the On The Box Platform during the Lot listing.
Invoice Issuance Timing:
● For Auctions, Buy Now, and Request to Buy Listings, On The Box may issue an invoice for the
applicable Listing Fees upon the initial publication of the Lot.
● Concerning Display Price Listings, an invoice for Listing Fees from On The Box may be
received when the Listing is first published on the On The Box Platform.
Invoice Recipient:
● The invoice for Listing Fees will be dispatched to the Selling Agent or the approved vendor.
Payment Window:
● All invoices must be settled within 7 days from the invoice date.
Non- Refundability of Listing Fees:
● Listing Fees are non-refundable, irrespective of whether your Lot is unsold or if the sale falls
through.
Buyer Rejection or Refund:
● In instances where a buyer has a legitimate reason to reject the Lot or request a refund as
per our User Agreement or applicable law, Listing Fees remain ineligible for a refund.
11 | On The Box Terms & Conditions
5.2 GST
● Unless explicitly stated otherwise, all Fees payable to On The Box do not include GST. GST will
be charged in addition to the specified Fees.
5.3 Late Payments and Interest
Payment Deadline:
● In the event that a user neglects to remit the overdue amount within 5 Business Days
following receipt of our notification, we reserve the right to suspend their On The Box
Account until the complete outstanding sum, encompassing any accrued interest, is settled.
Interest Charges:
● Interest may be levied on the outstanding fees at the cash rate determined by the Reserve
Bank of Australia per annum, compounded on a monthly basis.
Costs Responsibility:
● The user bears the responsibility for covering our reasonable costs associated with the
retrieval and enforcement of the debt, which may encompass legal fees.
6. Listing and Selling Lots
6.1 General Requirements
Listing Conditions
● By listing an item on the On The Box Platform, you hereby agree to adhere to the regulations
and policies outlined by On The Box, including the terms stipulated in this User Agreement.
Eligibility for Listing
● To list a Lot for sale on the On The Box Platform, you must be either a Selling Agent.
Listing Process
● When initiating the listing of your Lot, observe the following steps:
Start and Reserve Price
● Specify a Start and Reserve Price for the lot.
Buy Now Price
● Set a buy now price. The Buy Now Price can be above, below, or equal to the reserve price.
Providing Information
● Furnish all essential details and documents as instructed during the listing process, including:
Lot Description
● A comprehensive description of the Lot.
Delivery Information
● Information concerning delivery, inclusive of details about the designated delivery agent. All
lots sold must have a nominated delivery agent.
Motor Vehicles Sold
● If your Lot constitutes a motor vehicle sold at Auction, provide a current inspection report if
mandated by the law.
Terms and Conditions
12 | On The Box Terms & Conditions
● Include the Vendor Terms and Conditions and Selling Agent Terms and Conditions (if
applicable).
6.2 Vendor Listing Requirements
Vendor Responsibilities
● When a vendor's stock is listed on the platform, you, as the vendor, are making specific
commitments to On The Box:
○ Legal Ownership and Clear Title
■ You confirm that you legally own the lot and that it is free from mortgages,
charges, encumbrances, or any adverse interests, or it will be at the time you
enter into a Contract of Sale.
○ Right to Sell and Transfer
■ You have the right and ability to sell, deliver, and transfer clear ownership of
the lot, following the User Agreement and Contract of Sale.
○ Accuracy of Information
■ The information you provide in the listing is accurate and complete, with the
Selling Agent assuming full responsibility for the content of the listing and
item(s) offered.
○ Sharing Information and Documents
■ Share all relevant information and documents.
○ Duration of Agent Relationship
■ Stick with your Agent for a specific duration, usually from the Assessment or
description date until a few days after the On The Box sale date or when the
Listing expires.
○ Review and Accuracy Maintenance
■ Regularly check your Listing and its details, and promptly inform On The Box
and your Agent if anything becomes inaccurate or misleading; then rectify it.
■ Livestock Conditions
● Don't list or deliver Livestock that are lame, blind, or diseased
without disclosing these issues in the Listing or Assessment. All
Livestock listed and delivered must meet the Land Transport
Standards and MLA Fit to Load Guidelines.
6.3 Agent and Vendor Listed Requirements
Vendor Representation
● By default, it is presumed that you are representing yourself, acting as the Vendor.
Exceptions to Vendor Representation
● There are exceptions:
○ Written Authorization
■ If you are listing on behalf of a Vendor and the Vendor has provided written
authorization for you to do so.
● Clear Disclosure
13 | On The Box Terms & Conditions
○ If you have transparently disclosed on the On The Box Platform that you are
representing the Vendor to On The Box and Buyers.
6.4 On The Box Is Not The Agent or Auctioneer
Legal Compliance
Users are obligated to ensure that their Lot Listings and associated activities, including sales,
strictly comply with legal regulations. On The Box assumes no responsibility for overseeing or
managing legal compliance on behalf of users.
6.4 When Does On The Box Get Involved
Listing Approval
● Every Listing on the On The Box Platform requires approval from On The Box.
● The Selling Agent or Vendor will receive communication from On The Box regarding any
Non-Publication.
Reasons for Non-Publication
● On The Box may choose not to publish a Listing or any Vendor Terms and Conditions or
Selling Agent Terms and Conditions if it is discovered or reasonably believed that:
○ Violation of User Agreement
■ The Lot or the proposed sale connected to it violates the User Agreement.
○ Ownership Dispute
■ There is a dispute over the ownership of the Lot that could adversely affect
the sale.
○ Assessment Mistake
■ There is an error in the Assessment.
○ Fraud or Misconduct
■ There is fraud or misconduct involved.
○ Issues Harmful to Buyer
■ There is any other issue related to the Lot that On The Box reasonably
believes could harm a Buyer.
Refund
● A refund will be provided unless approval was withheld because the Listing does not comply
with this User Agreement.
Opportunity to Fix
● If the Listing does not meet the User Agreement, the opportunity will be given to rectify the
issue.
6.5 Assessment
Accurate Trait Entry
● Ensure that all necessary assessment fields and traits are accurately entered into the
specified data entry field of the Assessment. This will serve as a point of reference in case of
any dispute related to the Assessment.
14 | On The Box Terms & Conditions
● Both the Vendor and the Assessor must sign a copy of the Assessment in the provided form,
and this can be done through the digital assessment application.
Listing Modification Requests
● On The Box will make reasonable efforts to accommodate requests from Vendors and Selling
Agents to modify Listings. However, if the requested changes are not received in a timely
manner or with sufficient information to make the change, On The Box will not be held
responsible for any losses suffered by the Vendor or Selling Agent due to the change not
being implemented.
6.5 Withdrawal Of Lots
On The Box's Authority to Remove Lots
● On The Box possesses the authority to remove any Lot from the Platform at any time if there
is knowledge or reasonable belief that:
○ Violation of User Agreement: The Lot or a proposed sale linked to it violates this User
Agreement.
○ Ownership Dispute: There's a dispute about the ownership of the Lot that could
harm the sale.
○ Assessment Error: There's an error in the Assessment.
○ Fraud or Misconduct: There's fraud or misconduct involved.
○ Issues Harmful to Buyer: There's any other issue related to the Lot that is reasonably
believed to harm a Buyer.
Refund for Removal
● If On The Box withdraws a Lot from the Platform due to certain reasons, not attributable to
the fault of the Selling Agent or Vendor, On The Box will refund all the Listing Fees and other
fees paid for that Listing.
No Refund for Vendor or Selling Agent Withdrawal
● However, if a Vendor or Selling Agent voluntarily withdraws a Lot after it's been published,
On The Box won't refund any of the Listing Fees paid.
Exception for On The Box's Breach
● This doesn't apply if the Vendor or Selling Agent lawfully terminates due to On The Box's
breach, and it doesn't affect their rights under any consumer guarantee.
6.6 Stop Trades
Stop Trade Mechanism
● The On The Box Platform may utilise a feature known as the Stop Trade Mechanism, allowing
a Selling Agent to block specific potential Buyers from bidding on all Lots they offer for sale.
Scope of Mechanism
● This mechanism applies to all transactions associated with the Selling Agent and does not
target specific Lots from a particular Vendor the Selling Agent represents.
Limitations of the Mechanism
15 | On The Box Terms & Conditions
● While On The Box will make reasonable efforts to apply or support the Stop Trade
Mechanism (within the boundaries of the law and the platform's capabilities), there is no
guarantee that it will always prevent the intended person from buying the Lot.
Responsibility Acknowledgment
● By using (or requesting On The Box to use) the Stop Trade Mechanism on specific potential
Bidders, you agree that On The Box is not responsible if the Stop Trade Mechanism doesn't
work as you intended it to.
6.7 Requirement to sell to highest Bidder in Auction if reserve price
or buy now is met.
● In the event of a valid bid that equals or exceeds the reserve price for a Lot, both the Vendor
and the Selling Agent/Vendor undertake to sell the Lot to the highest Bidder.
● This commitment is also applicable when the buy now price is met.
6.8 Passed In Lots
Lot "Passed In" at Auction
If, at the conclusion of an Auction for a Lot, the highest bid does not reach the reserve price, the Lot
is deemed "passed in."
Actions in Case of "Passed In" Lot
● In this case:
○ Informing Highest Bidder: On The Box may communicate to the highest Bidder that
the Lot has been "passed in."
● Notification to All Bidders: On The Box will also notify any user who placed a bid that the
item did not meet the reserve price
Details for Post-sale Negotiations
● These details will be shared with the Agent/Vendor for post-sale negotiations. They are solely
for the purpose of negotiating post-sale.
● This may include all people who have bid on a lot, not just the highest bidder.
Marketing Consent
● These bidders have not consented to share their details for addition to any marketing list,
and this consent will need to be gathered independently from On The Box.
Final Sale Price Reporting
● Agents/Vendors must report the final sale price to On The Box, regardless of how it is
determined.
16 | On The Box Terms & Conditions
7. Bids And Offers
7.1 Making A Bid Or Offer
Bidding and Making Offers
● When placing a bid or using Buy Now as a User, the intention is to purchase the Lot at the bid
or Buy Now price, adhering to the terms of the Contract of Sale.
Pre-Bidding Considerations
● Before you bid:
○ Review Listing Details Bidders are responsible for thoroughly reading all Listing
details and associated images.
○ Understand the Contract of Sale: Ensure comprehension of the Contract of Sale and
how to comply.
○ Legal Ability for Delivery: Confirm legal capacity to take Delivery of the Lot.
○ Physical Inspection: When feasible, it is advisable to inspect the Lot in person before
bidding or making an offer.
○ Contact Selling Agent for Questions: If there are questions about the Contract of
Sale, contact the Selling Agent before placing a bid.
○ Take note if the sale is a standard sale or a paddock sale. Paddock sales operate
under a different weight tolerance. In Paddock Sales it is mandatory for registered
bidders to contact the Selling Agent prior to placing a bid on the Lot to ensure they
understand and agree to the Terms of Sale.
Bid Increment Requirement
● Bids can only increase by the predefined increments set on the On The Box Platform,
determined by the Selling Agent or auctioneer for the Auction.
Max Bid Disclaimer
● If the Max Bid feature is used, it does not guarantee being the highest successful Bidder,
even if the Lot sells at a price equivalent to the Max Bid.
Listing Specification
● Ensure that bids or offers use the format and unit type specified in the Listing, such as the
price per head or cents / dollars per kilogram.
Payment for Highest Bidder in Auction
● For an Auction, if you are the highest Bidder, and your bid meets or exceeds the reserve
price, payment of the Purchase Price and any applicable additional fees or charges must be
made in accordance with the Contract of Sale.
7.2 Collusive Practices
Collusion Warning
● Participating in certain activities due to collusion, or encouraging others to do so through
collusion, may be deemed a violation of the Property and Stock Agents Act 2002.
Collusive Activities
● These activities include:
○ Refraining from bidding: Avoiding participation in bidding
17 | On The Box Terms & Conditions
○ Making Limited Bids: Placing limited bids.
○ Hindering Fair Competition: Taking any action that could hinder fair and open
competition.
Penalties
● Individuals found guilty of collusive practices may face substantial penalties.
7.3 Bids By Agents Or Vendors On Own Lots
Bidding by Agents or Vendors
● When Agents or Vendors submit a bid or offer for a Lot, it is presumed that they are doing so
on their own behalf, thereby becoming the Buyer under the Contract of Sale.
Exception with Written Authorization
● However, this presumption changes if they are acting as an Agent for a Buyer and possess
written authorization from the Buyer to place the bid or make the offer on their behalf.
Authorization Requirement
● In such instances, it is mandatory for them to furnish a copy of this written authorization to
On The Box.
7.4 Withdrawing Lots
Bid Withdrawal
● Once a bid is officially recorded on the On The Box Platform, it typically can't be taken back.
Exceptions for Bid Withdrawal
● However, there are some specific situations allowed under this User Agreement where a bid
can be withdrawn.
Conditions for Bid Withdrawal
● If a Bidder requests it, and it's allowed by the law, a bid can be withdrawn, and the Lot can be
reset in certain cases:
○ Selling Agent's Approval: When the Selling Agent has given the go-ahead for the bid
to be withdrawn and the Lot to be reset.
Bidder's Responsibility
● If the Lot isn't reset as agreed, the Bidder is still responsible for their bid.
7.5 Disputes
Resolution of Bidding Disputes
● In the event of a dispute arising concerning the bidding process in an Auction, the final and
binding decision rests with the Selling Agent.
Record from On The Box
● Where necessary, On The Box will provide the Selling Agent with a record from the Platform
that logs the relevant bids, including the Buyer, timing of bids, and associated details.
Auctioneer's Guidance
● The Selling Agent, acting as the auctioneer, should follow this record unless it's proven to be
inaccurate.
18 | On The Box Terms & Conditions
7.6 Buyer Default
Buyer's Options for Backing Out
● Should a Buyer wish to withdraw from a Sale Contract, the Vendor or Selling Agent has two
available courses of action:
○ Enforce the Sale Contract: They can opt to enforce the Sale Contract against the
Buyer.
○ Resell the Lot: Alternatively, they may attempt to resell the Lot. In such instances:
Buyer's Expenses
● The Buyer is responsible for covering any out-of-pocket expenses incurred by the Vendor
during the resale process.
Payment for Resale Difference
● Additionally, the Buyer is obligated to pay the Vendor an amount equivalent to the difference
between their highest bid for the Lot and the Purchase Price obtained from the resale.
Failure to Resell
● If the Lot fails to be successfully resold within 48 hours of the Auction closing (for Buy Now)
or within an extended period specified by the Selling Agent, the Buyer remains obligated to
the Vendor for the Purchase Price and must fulfil the terms of the Sale Contract.
8. Agents And Assessors
8.1 Agents
● For Agents, in addition to the standard responsibilities outlined in this User Agreement, the
following key points must be observed:
o Ensure compliance with all required licences, permissions, and approvals mandated
by the law.
o Periodically undergo evaluations of authorization to use the Platform as an Agent by
On The Box. Additional training, if needed, is at the Agent's expense to maintain
status on the Platform.
o Disclose any financial interest, other than direct commission from the represented
Vendor, in a lot listed on the Platform.
o Communicate any potential Conflict of Interest to the Vendor prior to agreeing to list
a Lot, including this disclosure in the Listing.
o Take personal responsibility for prohibited actions on the Platform, regardless of
direction by a Vendor or Buyer.
o Engage Assessors and Delivery Agents as necessary and manage payment for their
services.
● Every Agent guarantees that:
○ They provide the Vendor or Buyer with a copy of this User Agreement before listing a
Lot on the On The Box Platform or bidding/making an offer.
○ Ensure that all actions performed on behalf of a Vendor or Buyer on the On The Box
Platform fall within the authority of the respective Vendor or Buyer.
19 | On The Box Terms & Conditions
8.2 Assessors
Assessor Responsibilities
Licensing and Permissions
● Ensure compliance with all requisite licences and permissions as mandated by the law.
Assessor Status Maintenance
● The Assessor’s status will undergo periodic evaluations by On The Box. Additional training, at
the Assessor’s expense, may be required to maintain their status.
Stay Informed:
● Stay updated on industry knowledge and adhere to updated rules for assessing animals.
Conflict of Interest
● Disclose any financial interest in an animal being assessed or any other conflicts of interest
during the assessment.
Accredited Assessments
● Conduct assessments only for animals for which accreditation has been granted and prevent
unauthorised use of your login credentials.
Handling Complaints
● Address customer complaints professionally and report them in writing to On The Box.
Assessor Liability
● Except as stipulated in clause 13 (4), the Assessor is obligated to protect, defend, and
indemnify On The Box from any claims or associated costs arising from false, incomplete,
inaccurate, or misleading assessments.
Change in Terms for Assessors
● On The Box may introduce additional Terms and Conditions for Assessors with a minimum
notice period of 30 days.
Existing Assessor Exemption
● Changes in terms will not apply to activities related to Lots listed by existing Assessors before
the implementation of new terms.
Immediate Implementation for Preventing Harm
● In instances where immediate action is necessary to prevent harm resulting from an
Assessor’s breach of this User Agreement or poor performance, On The Box may provide less
than 30 days’ notice for the implementation of new terms, applicable to future activities
related to Lots listed before the terms take effect.
8.3 Insurance
Insurance Requirements
● If you are an Assessor or Agent, it is imperative to understand the insurance requirements as
stipulated in this User Agreement and for a period of six years thereafter, particularly in the
context of insurance operating on a ‘claims based’ model.
Professional Indemnity Insurance:
● Maintain professional indemnity insurance with coverage of at least $5 million per year. This
insurance is critical as it covers legal liability arising from mistakes or negligence in
professional duties. However, if On The Box specifies that professional indemnity insurance is
20 | On The Box Terms & Conditions
not required, maintain public liability insurance with coverage of at least $5 million per year
as an alternative.
Compliance with Legal Requirements
● In addition to the specified insurance, you must also procure any other insurances that are
legally required or typically held by a qualified Assessor or Agent in your role.
Submission of Proof
● It is your responsibility to provide On The Box with copies of proof from your insurance
broker, supported by your insurer, for the insurance policies mentioned in this clause 8.3
within 14 days if On The Box requests this information.
21 | On The Box Terms & Conditions
9. Additional Livestock Responsibilities
9.1 Animal Welfare
Responsibilities for Animals in Your Care
● When entrusted with animals in your care, it is imperative to prioritise their well-being by:
Adherence to Welfare Standards
● Ensure that all animals are treated and handled in accordance with the Australian Animal
Welfare Standards and Guidelines for the Welfare of Animals. The latest version of these
standards can be accessed at www.animalwelfarestandards.net.au/.
Compliance with Regulations
● Adhere to all rules and regulations governing the treatment, handling, movement, or
processing of these animals. This includes strict compliance with laws concerning the
reporting of any illnesses they may exhibit.
9.2 NLIS
Compliance with Livestock Traceability
● All system users are required to adhere to the regulations concerning Livestock traceability,
particularly when it involves their relocation to a new location.
Responsibilities of Livestock Buyers
● If you are the purchaser of Livestock, it is your responsibility to ensure the accurate transfer
of Livestock onto your Property Identification Code (PIC) in the National Livestock
Identification System (NLIS) databases. However, in the event that the seller or their
authorised representative assumes this responsibility and affirms their commitment to
complete the transfer following the sale, they will be accountable for managing this process
on your behalf.
9.3 Tagging
● All Lots comprising of Livestock must be tagged as required by Law.
22 | On The Box Terms & Conditions
10. Formation Of Contract Of Sale
10.1 When is it formed.
A contract of sale is established under the following circumstances:
● Auction Sale or Paddock Sale: In the event of an auction, when the Lot is successfully sold
during the auction proceedings.
● Buy Now Purchase: In the instance of a Lot acquired via the Buy Now functionality, when the
Buyer successfully concludes the online "Buy Now" purchase procedure for the Lot on the On
The Box Platform;
● Display Price Listing Agreement: In cases involving Display Price Listings, when a Selling Agent
and Buyer mutually agree on the sale of the Lot outside the confines of the On The Box
Platform.
10.2 Contract Of Sale
The sales contract comprises the following components:
● Legal Compliance Terms;
● Schedule 1: Standard Terms of Sale;
● Vendor Terms and Conditions, as specified in the Listing; and
● Selling Agent Terms and Conditions, as specified in the Listing.
In the event of any discrepancies or conflicts among these documents, the document listed first will
take precedence to the extent required to resolve the conflict.
23 | On The Box Terms & Conditions
11. Intellectual Property Rights & Confidentiality
11.1 Intellectual Property Rights
Ownership and Protection
● The content available on the On The Box Platform is the proprietary possession of On The
Box and its licensors, safeguarded by intellectual property laws.
Limited Use
● You may solely use or copy this content in accordance with the provisions of this User
Agreement or with explicit written consent from On The Box.
User Licence: Access and Use
● On The Box extends to you a personal, non-transferable, and non-exclusive licence to access
and utilise the content on the On The Box Platform in accordance with the terms outlined in
this User Agreement.
Restrictions
● In addition to other stipulations within this User Agreement, you are prohibited from:
○ Copying, adapting, or reproducing content, except for accessing and using the On
The Box Platform.
○ Storing, modifying, or reverse engineering any component of the On The Box
Platform.
○ Distributing, printing, uploading, displaying, or performing content from the On The
Box Platform.
○ Removing credits or attributions from content.
○ Publishing content on another website.
○ Creating new works derived from the On The Box Platform.
○ Commercialising information or content without the prior written consent of On The
Box.
11.2 Confidentiality and Privacy
Confidentiality
● You acknowledge that information pertaining to the operation of the On The Box Platform
and its associated Intellectual Property Rights is classified as confidential, with the exception
of publicly known information (referred to as "On The Box Confidential Information").
Use of Confidential Information
● You agree to maintain the confidentiality of this information and utilise it solely as necessary
to operate the On The Box Platform in accordance with the terms outlined in this User
Agreement.
Privacy and Data Usage
● Collection and Use of Personal Information
○ On The Box will collect and use your personal information as described in its evolving
privacy policy, accessible on the website HERE.
Disclosure to Government Agencies
24 | On The Box Terms & Conditions
● You authorise us to disclose your information, including personal data, to Government
Agencies upon their request.
Disclosure in Cases of Suspected Unlawful Activities
● We may also disclose such information to law enforcement or Government Agencies in cases
of suspected unlawful activities or misconduct related to your On The Box Platform usage,
such as cases involving fraud or violations of animal welfare laws.
12. Disclaimers
12.1 General Disclaimers
Platform Reliability
● Occasional Issues
○ The platform may occasionally experience minor functionality issues and will be
temporarily unavailable for scheduled and emergency maintenance. While On The
Box endeavours to minimise interruptions, they may occur.
No Assurances: No Guarantees or Endorsements
● On The Box does not provide any guarantees or endorsements regarding:
○ The presence, quality, condition, safety, or legality of any Listings or Lots advertised.
○ The accuracy, completeness, or truthfulness of information submitted by anyone
other than On The Box (including Vendors, Buyers, Assessors, and Agents).
○ The ability of a Vendor to sell a Lot or a Buyer to pay for a Lot.
Credit and Integrity
● On The Box does not vouch for the integrity or creditworthiness of users (Vendors, Agents,
Assessors, Bidders, or Buyers) and does not perform credit assessments of potential Buyers.
Exclusion of Warranties
● Both you and On The Box exclude all implied or statutory conditions, representations,
warranties, and guarantees, as subject to clause 13.2
User Feedback
● No Endorsement of User Views
○ On The Box does not endorse or validate user viewpoints, suggestions, or guidance
shared through the feedback mechanism on the On The Box Platform and
relinquishes accountability associated with any reviews or user feedback.
25 | On The Box Terms & Conditions
13. Liability and Indemnity
13.1 General Liability
(a) User Responsibilities
I. Responsibility for Third Parties
○ Any actions or failures to act by an Agent, Assessor, or any other third party you
involve or communicate with in relation to the Platform, including any
responsibilities arising from a Contract of Sale between you and another user, shall
be your sole responsibility.
(b) Platform Performance and Liability
I. Platform Issues
○ Instances like bids or offers not going through due to technical problems, justifiable
security measures, or actions related to legal obligations or court orders are covered,
as long as these issues aren't caused by On The Box violating the law.
II. Exclusion of Liability
○ Subject to clause 4, you exclude any and all liability to On The Box for Consequential
Loss, regardless of how it arises, including negligence.
(c) Liability Cap
I. Maximum Liability
○ On The Box's liability for any loss or damage you experience while using the On The
Box Platform or related to this User Agreement, regardless of how it occurs, is
capped at the higher of the following:
■ Providing the service again or covering the cost of having it provided again.
■ The Fees you've paid to On The Box during the 12 months before the
incident or connected series of incidents that led to the Claim.
(d) Exceptions to Clauses 13.1 a, b, and c.
I. Consumer Guarantee and Payment Obligations
II. Clauses 1, 2, and 3 do not apply:
○ Concerning our responsibility to you for losses arising from our failure to adhere to
any consumer guarantee outlined in the Australian Consumer Law.
○ Relating to your responsibility to us for unpaid Fees, explicit payment obligations,
costs, expenses, or any other sums under an indemnity.
○ To the degree that they would lead to a violation of Law or render the relevant
clause void or unenforceable.
Proportional Accountability
● A party's accountability to the other party in connection with this User Agreement will be
diminished proportionally if the other party or any of its personnel contributed to that loss.
26 | On The Box Terms & Conditions
13.2 Liability Under Australian Consumer Law
Liability Under Australian Consumer Law
● This User Agreement does not aim to exclude any consumer guarantees provided by On The
Box under the Australian Consumer Law or any other relevant Law that cannot be excluded,
limited, or altered by mutual agreement.
Limitation of Liability under Australian Consumer Law
● If the Australian Consumer Law applies to the goods or services provided under this User
Agreement, our liability for any loss resulting from our failure to comply with the consumer
guarantees specified in the Australian Consumer Law is restricted to (as per our choice):
○ For services: providing the services again or covering the cost of having them
provided again.
○ For goods: replacing the goods, providing equivalent goods, repairing the goods,
covering the cost of replacement, or acquiring equivalent goods, or covering the cost
of repairs.
● This limitation doesn't apply to instances involving a breach of consumer guarantees
pertaining to clear title, undisclosed securities, and undisturbed possession under sections
51 to 53 of the Australian Consumer Law, or if the goods or service is typically used for
personal, domestic, or household purposes.
13.3 Indemnities
User's Commitment to Protect and Indemnify
● Subject to clause 4, you commit to protecting, indemnifying, and absolving On The Box from
any Claims made against On The Box by another party, as well as On The Box's responsibility
to that party and the associated expenses and costs. These Claims should arise from:
○ Your violation of this User Agreement or any Contract of Sale.
○ Your actions or failures in relation to this User Agreement or any Contract of Sale,
including your involvement with any Lot you may offer, bids, or any disputes linked to
a Contract of Sale.
● This commitment does not apply in cases where the Claim or responsibility arises due to our
fraud, intentional misconduct, negligence, or breach of this User Agreement.
13.4 Non-Excludable Rights
Consumer Protections and Non-Excludable Rights
● The sale contract does not aim to dismiss any consumer protections provided by the
Australian Consumer Law or any other applicable laws that cannot be excluded, limited, or
changed by agreement between the parties, known as "Non-Excludable Rights."
Vendor's Responsibility under Consumer Law
● If a consumer protection guaranteed by the Australian Consumer Law applies to the Lot, and
the Vendor does not meet that guarantee, the Vendor's responsibility, as allowed by the law,
is limited to either providing a replacement for the Lot or supplying an equivalent one, as
chosen by the Vendor.
27 | On The Box Terms & Conditions
● This limitation does not apply if the breach relates to consumer guarantees involving clear
ownership, undisclosed securities, and uninterrupted possession, as outlined in sections 51
to 53 of the Australian Consumer Law, or if the Lot is typically bought for personal, domestic,
household, or similar uses.
13.4 No Liability for lots within tolerance
● The Buyer acknowledges the possibility of variances between the description outlined in the
Lot Listing and the actual Lot. However, if such discrepancies fall within the Acceptable
Variance, the Buyer is precluded from making any claims or demands against the Seller
arising from such differences.
14. Term, Suspension and Termination
14.1 Term
● This User Agreement becomes legally effective when you initially utilise, access, or sign up
for the On The Box Platform and remains in force until concluded in compliance with the
terms outlined in this User Agreement
14.2 Suspension
Suspension
● On The Box reserves the right to remove any User Data if it believes it violates this User
Agreement or poses harm, pending resolution of the issue. You will be promptly informed of
such action.
● On The Box may temporarily suspend your access to the On The Box Platform and its services
in the following situations:
○ If On The Box is unable to verify your identity or the required information for
platform use.
○ To prevent or address fraud, viruses, security breaches, illegal activities, or any
misuse of the platform.
○ If you breach legal obligations, commit fraud, engage in Prohibited Conduct, default
on a Contract of Sale, violate the On The Box Code of Conduct, or breach other terms
of this User Agreement, a suspension is necessary to protect other users or On The
Box.
○ To comply with legal obligations or requests from law enforcement or government
agencies. In such cases, if the issue is not caused by your actions, On The Box will
refund your fee for any outstanding Listings or services.
○ On The Box will promptly notify you of any such suspensions. If On The Box suspends
a Listing or service due to reasons beyond your control, and this significantly impacts
the service's value, you have the option to terminate it with notice. On The Box will
refund any Listing Fees and associated fees in such cases.
28 | On The Box Terms & Conditions
14.3 Termination For Cause
Account Termination by On The Box
● On The Box may terminate your On The Box Account, along with any services provided to
you, including Listings or other services for which a fee is charged, for the following reasons:
○ Inability to verify your identity or provide necessary information within 7 days of our
request.
○ Failure to rectify a breach of this User Agreement within 7 days of receiving notice
from us.
○ Repeated or persistent breaches of this User Agreement.
○ Suspected or confirmed violations such as breaches of legal obligations, fraudulent
activities, Prohibited Conduct, or violations of the On The Box Code of Conduct.
○ Compliance with applicable laws or government agency requests, with fee refunds
for services not yet performed unless caused by your actions.
○ Occurrence of an Insolvency Event.
Account Termination by You
● You have the option to terminate your On The Box Account, along with any services provided
to you, including Listings or other services for a fee, in the following circumstances:
○ If we violate this User Agreement and do not rectify the breach within 7 days of your
notice requesting us to do so.
○ If we repeatedly or consistently breach this User Agreement.
○ In the event of an Insolvency Event on our part.
14.4 Consequences Of Termination
Immediate Actions
● If your On The Box Account is terminated for any reason, the following actions will occur in
addition to any other rights On The Box may have:
○ Your access to the On The Box Platform will be immediately restricted to the
non-registration portions.
○ Your On The Box Account may be deactivated promptly.
○ On The Box may retain records associated with your On The Box Account as required
by general legal and accounting regulations.
Listing and Service Fees
● Furthermore, On The Box's termination of your On The Box Account for convenience does
not impact any Listing (or other service) for which you and On The Box have agreed to a fee
before the termination date.
● If you are a Buyer, this also applies to any Lot for which you have made an offer or submitted
until the completion of the sale of that Lot.
29 | On The Box Terms & Conditions
15. Dispute Resolution
15.1 Disputes between You and On The Box
In the event of a dispute between you and On The Box arising from this User Agreement, both
parties are obligated to attempt resolution through mediation. The mediation process shall involve a
neutral mediator, independent of the parties, selected either by mutual agreement or, if an
agreement cannot be reached within 7 days of receiving notice of the dispute from either party, by
an individual appointed by the Chair of the Resolution Institute or their designated representative.
● The mediation process will adhere to the Resolution Institute Mediation Rules.
● Prior to initiating any arbitration or litigation proceedings, except for urgent interlocutory
relief, it is a prerequisite that either party proposes to submit the dispute to mediation.
● The expenses associated with mediation will be divided equally between the parties.
● The parties are expected to make every effort to complete the mediation within 30 days
from the date of the dispute notice. Should an extension of an additional 14 days be required
to assist in resolving the dispute, either party may request an extension of time to resolve
the dispute. This extension must be provided in writing to all involved parties and On The
Box, prior to the end of the 30 day period.
● If the dispute remains unresolved after 30 days from the receipt of the Dispute Notice, and
following any extension of time provided to resolve the dispute, either party may initiate
court or arbitration proceedings. This clause 15 does not prevent a party from seeking urgent
interlocutory relief.
15.2 Disputes between parties to a Contract of Sale
● Disagreements between the parties involved in a Contract of Sale should be addressed in
compliance with the provisions outlined within the Contract of Sale.
30 | On The Box Terms & Conditions
16. General Terms
16.1 Force majeure
● Neither party is considered in violation of this User Agreement if they can't meet their
obligations (except for payment of Fees) due to circumstances beyond their control.
● This doesn't excuse you from responsibilities in a sales contract or obligations to other On
The Box Platform users.
16.2 Notices
● We reserve the right to deliver notices to you through any means available, including
electronic methods such as email, SMS, or within the On The Box Platform.
16.3 Benefit Of Indemnities
● On The Box is entitled to vary, amend, enforce, or otherwise act under, this User Agreement
without seeking the approval of any other Indemnified Party.
16.4 Enduring Clauses
● Any term that by its nature is intended to survive termination of this User Agreement,
including clauses 3, 4, 5.3, 11.1, 11.2, 12, 13, 14.4, 15 and 16 will survive the termination of
this User Agreement.
16.5 Jurisdiction
● This User Agreement is governed by the laws of New South Wales, Australia, and the parties
agree to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
16.6 Severability
● To the extent any provision of this User Agreement conflicts with Law, it shall be read down
and amended to comply with Law. If any provision of this User Agreement is ruled by a court
to be invalid or unenforceable, it shall not affect the validity or enforceability of any other
provision or part provision of this User Agreement.
16.7 Waiver
● Any postponement or neglect in asserting rights regarding a breach by the opposing party
shall not be construed as a relinquishment of those rights.
31 | On The Box Terms & Conditions
16.8 Assignment
● Transferring Debts and Rights
○ If you have outstanding financial obligations to us under this User Agreement, we
reserve the right to assign that debt to another party, and we will notify you
accordingly.
○ We also retain the option to transfer our rights and responsibilities outlined in this
Agreement to a related company or a buyer of our assets or business segment, and
we will provide you with notification of such a transfer.
○ Following the transfer, these rights and responsibilities will persist, extending to our
representatives, successors, and assigns.
○ You are not permitted to transfer your rights in this Agreement to another party
(except for your rights in a sales contract) without obtaining written permission from
On The Box.
32 | On The Box Terms & Conditions
17. Definitions and interpretation clauses
Acceptable Variance: means the permitted variation with respect to quantity, weight, or other
characteristics in accordance with the tolerances specified in Schedule 1 & 2.
Agent: means either a Purchaser’s Agent or a Vendor’s Agent who must be licensed in the State or
Territory in which they operate to buy and sell Livestock, and/ or Machinery, and recognised as an
Agent by On The Box.
Assessed Lot: means a Lot for Livestock which is indicated as being assessed, and the Listing for the
Lot includes an Assessment.
Assessment: means a compilation of data pertaining to a Lot for Livestock prepared by a qualified
Assessor after physically inspecting the Lot and presented as an 'Assessment'.
Assessor means a Livestock assessor that is registered and authorised by On the Box to prepare
Assessments for Lots listed, or proposed to be listed, for sale On The Box.
Auction means a sale of an item or items via On The Box in which a Lot is sold to the highest Bidder
where the bid equals or exceeds the Vendor’s reserve price.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and
the corresponding provisions of the fair-trading legislation.
Bidder means any user who is registered as a Buyer and includes when a bid is placed on a Lot.
Buy Now means a category of Listing where Buyers are given the option to purchase the Lot
immediately at a set price nominated by the Selling Agent.
Buyer means any user who is registered and approved by On The Box to buy Livestock, Machinery,
and other commodities on the platform.
Certified means, in respect of scales, weighbridge scales or abattoir scales that are approved or
authorised by the competent authority in the State or Territory where the scales are situated.
Claim means any claim, notice, demand, investigation, action, proceeding, litigation, or judgement
however arising, whether present, unascertained, immediate, future or contingent, whether based in
contract, tort (including negligence) or statute and whether involving a party to this User Agreement
or third party.
Collusion: Means a deceptive agreement or covert cooperation between two or more parties with
the intent to restrict open competition by deceiving, misleading, or defrauding others of their legal
rights.
33 | On The Box Terms & Conditions
Conflict of Interest means any actual, reasonably anticipated or perceived conflict of interest,
whether personal, financial, professional or otherwise and includes, where you are an Assessor,
Selling Agent or Delivery Agent in respect of a Lot: (a) you own the Lot or have a financial interest in
the Lot (directly or indirectly, including where the Vendor is a company in which you are a director or
shareholder); or (b) the person that owns the Lot is a family member, partner, or otherwise related to
you in some way, or financially dependent on you.
Consequential Loss means: (a) loss or corruption of data, loss of opportunity, loss of revenue, loss of
profits, loss of contract, loss of business, loss of production and loss of goodwill; and (b) any punitive,
exemplary, indirect or consequential loss.
Content means all data, statistical information, graphs, reports, branding (including registered and
unregistered trademarks), images, information, videos, training resources and other content
published or otherwise made available by On The Box on the Platform.
Contract of Sale means the contract between the Vendor or Vendor’s Agent as Agent for the Vendor
and Purchaser for the sale and purchase of the Vendor’s Lot. The meaning is also given in clause
10.2.
Defect means: (a) in respect of an Assessed Lot, a failure of a Lot to conform to an Assessment by
reference to: (i) any of the traits specified in Table 1 or other issues specified in Tables 2 or 3 in Part B
of Schedule 3, where such failure is outside of the permitted tolerances for that type of Lot ; or (ii) in
relation to carcases of Slaughter Stock, seed damage, chemical residue(s), or carcase condemnation
(in addition to anything falling under (a)(i) above); and (b) in respect of a Described Lot, a failure of a
Described Lot to conform to the Listing by reference to any of the characteristics specified in the
table at section 3.1 of Schedule 2 where such failure is outside of the permitted tolerances specified
in that table.
Delivery Adjustment: means an adjustment in liveweight which is applied to account for any
difference in time off feed when assessing livestock, and when the livestock are delivered. A delivery
adjustment is predominantly negative as it accounts for a decrease in liveweight due to loss of gut
fill.
Delivery Agent means a person who has been recognised by On The Box as a ‘Delivery Agent’ and is
nominated by the Selling Agent to be the point of contact for the Buyer in relation to purchasing the
Lot, invoicing and Delivery.
Delivery means the delivery of the Lot by any of the methods set out in the Contract of Sale and
Deliver has a corresponding meaning.
Fees means all fees payable to On The Box, including Listing Fees and other expenses incurred or
relating to these Terms and Conditions.
Force Majeure Event means any event or circumstance beyond the reasonable control of the
affected party, including an act of god, war, strike, or act of terrorism, but excluding: (a) livestock
34 | On The Box Terms & Conditions
market conditions; or (b) adverse seasonal conditions not physically preventing Delivery, mechanical
failures, or delayed shipping.
Full Assessment: means an Assessment for Livestock which has been carried out by an Accredited
Assessor. A Full Assessment entails more detailed fields and is compulsory for any stock which carry a
pregnancy status (PTIC, SIL, SM, NSM) or Livestock Listings which have progeny (calves, lambs, kids at
foot).
Government Agency means any government or governmental, administrative, monetary, fiscal, or
judicial body, department, commission, authority, tribunal, agency or entity in any part of the world
and includes any self-regulatory organisation established under statute or any stock exchange.
GST means goods and services tax and includes any replacement or subsequent similar tax.
Insolvency Event in relation to a party means any of the following: (a) the party enters into a scheme
of arrangement with its creditors; (b) the party is wound up or dissolved, or an administrator,
liquidator or receiver is appointed; (c) the party is placed under official management, commits an act
of bankruptcy or is charged with a criminal offence; or (d) the party is otherwise bankrupt or
insolvent or unable to pay its debts when they fall due.
Intellectual Property Rights means all intellectual and industrial property rights and interests
throughout the world, whether registered or unregistered, including trademarks, designs, patents,
inventions, circuit layouts, copyright and analogous rights, trade secrets, confidential information,
know how, processes, concepts and all other intellectual property rights as defined in Article 2 of the
convention establishing the World Intellectual Property Organisation of 14 July 1967 as amended
from time to time, but excluding moral rights.
Laws means: (a) legislation, ordinances, regulations, by-laws, orders, awards, proclamations,
directions and practice notes of the Commonwealth, a State or Territory or any Government Agency;
(b) certificates, licences, consents, permits, approvals, qualifications, registrations, standards and
requirements of organisations having jurisdiction in connection with the supply of the Lot under this
User Agreement; and (c) common law, equity and all other laws from which legal rights and
obligations may arise.
Legal Compliance Terms means: (a) any term or condition prescribed by Law including any term or
condition mandated by Law relating to auctions; and (b) provisions of the Vendor Terms and
Conditions or Selling Agent Terms and Conditions that are required for compliance with Law,
including any term or condition mandated by Law relating to auctions.
Light Assessment: means an Assessment for Livestock which has been carried out by an Accredited
Assessor. A Light Assessment on the On The Box platform has the minimum amount of fields for an
assessment.
Listing Fee means the fee payable to On The Box for listing a Lot for sale on the Platform in
accordance with clause 5.1.
35 | On The Box Terms & Conditions
Listing means a listing for a Lot (or Lots) featured for sale On The Box.
Livestock means cattle, sheep, goats, or any other animals listed for sale on the On The Box Platform.
Lot means any Livestock, Machinery or other commodity listed for sale on the On The Box Platform
by a Selling Agent on behalf of a Vendor.
Machinery means farm equipment, machinery, trucks, tractors, vehicles, furniture, tools, parts, and
accessories for any of the foregoing, and any other goods categorised as 'Machinery', and listed for
sale, on the On The Box Platform.
Max Bid means the functionality of the On The Box Platform that allows a user to set a maximum bid
price on any lot listed on On The Box. The Max Bid is then placed automatically on behalf of the user
during the Auction.
National Vendor Declarations means the form prescribed by the Department of Primary Industries
and listing the exact details and number of Livestock delivered by a Vendor to a Purchaser.
NLIS means the National Livestock Identification System.
Paddock Sale means livestock are inspected and assessed on the vendor’s property by an approved
selling agent without the need to be assessed in the yards. This is a sale type which operates under
distinct weight tolerances specific to that sale type.
PIC means Property Identification Code.
Purchase Price means: (a) in the case of an Auction, the amount of the highest bid where the bid
equals or exceeds the Vendor’s reserve price; or (b) otherwise, the amount of the offer accepted by
the Selling Agent for the Lot.
Purchaser means a Purchaser of a Lot from the On The Box Platform and includes the Purchaser’s
Agent, if applicable.
Purchaser’s Agent means a person authorised by the Purchaser to act as their agent for the purchase
of a Lot.
Selling Agent means an Agent for a Vendor.
Selling Agent Terms and Conditions means any terms and conditions mandated by the Selling Agent
for the sale of a Lot through or in connection with the On The Box Platform, as specified in the
Listing.
Slaughter Stock means animals purchased by a processor for immediate slaughter following Delivery.
Standard Terms of Sale means Schedule 1 (Standard Terms of Sale).
36 | On The Box Terms & Conditions
Tick Area means an area that is designated by a Government Agency as a "cattle tick infested zone".
Transaction means the transaction pursuant to a contract of Sale, including before it is final and
settled by the parties to it.
User Agreement means this document, including the Schedules.
User Data has the meaning given in clause 4.1.
Vendor means the seller of any Lot through or in connection with the Platform.
Vendor Terms and Conditions means terms and conditions mandated by a Vendor for the sale of a
Lot through or in connection with the On The Box Platform, as specified in the Listing.
18. Standard Sale Terms
18.1 Transport Obligations
Vendor Responsibilities:
● The Vendor is responsible for preparing the Lot for Delivery, ensuring proper tagging of
Livestock, and complying with Land Transport Standards and MLA Fit to Load Guidelines.
● The Lot should be ready for collection at the specified pick-up location and time indicated in
the Listing or immediately after the sale if no date is set.
Buyer Responsibilities:
● The Buyer arranges for their chosen service provider to collect and transport the Lots from
the Vendor's property within the Listing's time frame (or within 7 days if not specified).
● All transportation costs are the Buyer's responsibility.
● The Buyer must receive and pay for all Lots purchased from the Vendor as per the Contract
of Sale. Delivery is complete when the Buyer collects the Lot from the Vendor.
18.2 Inspection and Acceptance Of Lots
The Buyer or their Purchasing Agent should visually inspect the Lot and report any Defects within 48
hours of receiving the purchased Lot to the Selling Agent and On The Box.
● If the Buyer doesn't report a Defect in writing to the Selling Agent and On The Box within
48 hours of receiving the Lot (or within a longer specified period in Schedule 3), the Lot is
considered Delivered according to the Quality/Compliance with Description Warranty
and accepted by the Buyer.
● If the Buyer reports a Defect to the Selling Agent and On The Box, they must:
○ Maintain the Lot's condition and value, including proper care for Livestock.
● Follow any instructions from the Selling Agent or On The Box regarding Lot management.
● Any dispute about a Defect for Assessed Lots will follow the dispute resolution process in
Schedule 2, as agreed upon by the Buyer, Selling Agent, and Vendor.
37 | On The Box Terms & Conditions
18.3 Title and Risk
Title
● Ownership of a Lot goes to the Buyer once the Purchase Price is paid.
● If the Buyer has the Lot but hasn't paid yet (excluding Slaughter Stock), they can't use or
dispose of it in a way that goes against the Vendor's ownership rights.
● If the Purchase Price isn't paid by the due date, the Vendor and its representatives are
entitled to take back the Lot.
Risk
● For Livestock sold by weight, the transfer of ownership occurs when they are weighed at the
abattoir or scales which have been mutually agreed upon by both selling agent and
purchaser.
● In all other cases, the transfer happens when the Buyer physically takes control of the Lot.
● For Livestock, this transfer of control and associated risk occurs as each animal is loaded onto
the Buyer's freight services provider's truck.
38 | On The Box Terms & Conditions
19. Ticks
19.1 Tick Areas
Listing Requirements
● The Selling Agent and Vendor must clearly state if Livestock is "clear of the dip" or "not clear
of the dip" in the listing.
Responsibilities for Tick Area Livestock
● Unless stated otherwise in the Assessment or Vendor Terms and Conditions, the Vendor is
responsible for arranging and paying for dipping and inspection to move Livestock out of the
Tick Area.
Transfer of Risk
● Risk shifts to the Buyer when the Lot is cleared of the dip or when the Buyer takes physical
control of the Lot, whichever occurs later.
Not Clear of the Dip Conditions
● If Lots are marked "not clear of the dip," these conditions apply:
○ Delivery Location: The Selling Agent and Vendor must designate a Delivery location
within the Tick Area.
Risk Transfer
● Risk transfers to the Buyer when they assume control of the Lot.
Transfer Costs
● If the Buyer plans to move the Lot out of the Tick Area, they are responsible for covering all
lawful transfer costs.
Vendor Indemnification
● The Vendor indemnifies the Buyer for losses, fines, liabilities, costs, or expenses related to
transporting Livestock from the specified Delivery location in case the Buyer breaches
quarantine or movement laws. This applies unless the Vendor didn't disclose such
restrictions in the Listing.
Compliance Requirements
● The Vendor must adhere to identification and declaration requirements, including those
related to hormonal growth, as per the State or Territory from which the Livestock is being
sold.
39 | On The Box Terms & Conditions
20. Purchase Price and Payment
20.1 Purchase Price
Payment Responsibilities
● The Buyer must pay the Purchase Price, specified premiums, and taxes per the Listing's
payment terms.
● In the absence of specified payment terms in the Listing, the Buyer must pay the full
Purchase Price to the Selling Agent before delivery.
Tax Inclusions
● Unless otherwise specified, the Purchase Price includes all federal, state, and territory taxes
and duties (excluding GST), meaning it excludes GST.
Vendor's Levy Responsibility
● The Vendor is accountable for the payment of any applicable cattle, sheep, or goat
transaction levy.
21. Warranties
21.1 Mutual Warranties
Each party warrants to the other party that:
● It is not the subject of an Insolvency Event.
● It has the power to execute, deliver, and perform its obligations under the Contract of Sale.
● All necessary corporate and other action has been taken to authorise the execution, delivery,
and performance of the Contract of Sale.
21.2 Vendor Warranties
The Vendor assures the following:
● The Vendor legally and fully owns the Lot, with no mortgages, charges, liens, encumbrances,
or adverse interests attached at the time of delivery.
● The Vendor has the right and capability to sell, transfer, and deliver the Lot with clear and
unencumbered legal ownership, as per the Contract of Sale.
● The Lot complies with the following:
○ The details provided in the Listing or any acceptable variations to those details.
○ In the case of Assessed Lots, the Assessment, with the understanding that the
delivered Lot may have slight variations in quantity, weight, or other characteristics,
within the tolerances outlined in Part B or Schedule 3.
○ Any explicit representations, warranties, conditions, or assurances made by the
Vendor in the Vendor Terms and Conditions or the Selling Agent Terms and
Conditions, which go beyond what's stated in 7.1 and these Standard Terms of Sale.
These additional assurances pertain to the quality, compliance with descriptions,
40 | On The Box Terms & Conditions
suitability for specific purposes, adherence to Laws or standards of the Lot. However,
this excludes any provisions related to the acceptance period or remedies associated
with such warranties.
21.3 Buyer warranties and acknowledgement
Buyer's Assurances
● The Buyer assures the Vendor and Selling Agent of the following:
○ The Buyer acknowledges that graphics, photos, or videos for Assessed Lots are for
illustration only, and they don't form part of the Assessment unless stated otherwise.
○ The Buyer guarantees that they have thoroughly understood all legal and operational
requirements regarding the purchase, handling, and transportation of the Lot. They
have also assessed the Lot's suitability for its intended use.
22. Force Majeure
Force Majeure Events and Delivery
● If a Force Majeure Event affects the Seller's ability to deliver on time, the Buyer retains the
option to either extend the delivery date or cancel the sale. If the Buyer has made a prior
payment, the Seller is obliged to provide a full refund.
● If a Force Majeure Event affects the Buyer's ability to accept delivery, the Seller may choose
to extend the delivery date or cancel the sale, refunding the Purchase Price.
● If either party can't meet their obligations due to a Force Majeure Event, they must show
evidence of the event to the other party.
● If the Buyer asks for a delivery date extension, they can't raise a Dispute Notice under
Schedule 3 for factors which change over time such as weight, fat score, and dentition,
except for specific situations outlined in Section 2.
● However, if the Selling Agent and Buyer mutually agree in writing to a delivery date outside
the specified window in the Listing, and the Selling Agent provides written confirmation that
the Assessment will still be applicable despite the different delivery date, the Buyer can
initiate a Dispute Notice under Schedule 3 for factors that change over time (e.g., weight, fat
score, and dentition).
41 | On The Box Terms & Conditions
23. GST
23.1 GST
Definitions
● In this section, words or expressions defined in the A New Tax System (Goods and Services
Tax) Act 1999 (GST Act) have the same meaning as given in that Act.
Exclusion of GST
● Unless stated otherwise, any amount mentioned in this agreement as the payment for a
taxable supply does not include any GST (Goods and Services Tax) payable for that supply.
Responsibility for GST Payment
● If a party in this agreement (Supplier) makes a taxable supply, then the other party receiving
the taxable supply (Recipient) must, in addition to the agreed payment, pay the GST amount
for that supply when the payment is due.
Tax Invoice Requirement
● However, the Recipient is not required to pay the GST amount until the Selling Agent
provides a valid tax invoice for the taxable supply.
Adjustment Events
● If an adjustment event occurs related to a taxable supply within this agreement, the payment
specified in this section will be adjusted accordingly. This may involve the Recipient paying
the Supplier or vice versa.
Reimbursement of Expenses
● If a third party makes a taxable supply and this agreement obliges one party (the payer) to
cover, reimburse, or contribute to the expenses or liabilities incurred by the other party to
that third party for the taxable supply, the payer must pay the total amount of expenses or
liabilities plus any GST payable for them. However, this is reduced by any input tax credit to
which the other party is entitled for those expenses or liabilities.
Continuation of Section
● This section does not cease to apply upon completion and remains in effect even after the
expiration or termination of this agreement.
42 | On The Box Terms & Conditions
24. General
24.1 Jurisdiction
● The laws of New South Wales apply to this Contract of Sale and subject to section 15, the
parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
24.2 Severability
● If any provision of this Contract of Sale is ruled by a court to be invalid or unenforceable, it
shall not affect the validity or enforceability of any other provision or part provision of this
Contract of Sale.
43 | On The Box Terms & Conditions
Schedule 1. Dispute Resolution Non-Assessed Items
1. Application of this schedule
● This provision, denoted as Schedule 1, becomes applicable in instances where issues arise
concerning a purchased item on the On The Box Platform. Its applicability is limited to items
designated as “sold”.
● In the event of a problem with the purchased item, both parties commit to adhering to the
guidelines outlined in Schedule 1 for its resolution. It is agreed that neither party will resort
to court or arbitration proceedings until all procedures in Schedule 1 have been diligently
followed, except in cases of urgent matters requiring immediate attention.
● Throughout the dispute resolution process, the individual in possession of the livestock or
item is obliged to care for it responsibly and properly.
2.1 Reporting and Negotiating Timeframe
● Upon discovering a problem with a purchased product, the buyer is required to adhere to
the following steps:
○ Within 48 hours of receiving the product, the buyer must document the issue and
communicate it in writing to “On The Box” and the seller or selling agent. Alongside
this report, they should provide supporting evidence such as photos or an inspection
report within 48 hours of making the initial notification.
○ In the subsequent 7 days after reporting the problem, the buyer is expected to
engage in fair and honest discussions with the seller or selling agent to resolve the
matter. Potential resolutions may include mutually agreed-upon measures like
adjusting the price.
○ In the event the buyer communicates a problem to the seller or selling agent, both
parties should make concerted efforts to engage in dialogue and reach an agreement
properly.
2.2 If No Negotiated Resolution is Reached
● If the buyer has followed the steps in section 2.1 of this Schedule 1 and has not reached an
agreement with the seller within 7 days of reporting the problem to the selling agent, they
must promptly inform “On The Box”. Evidence supporting the claim should also be provided
to “On The Box” and the seller or selling agent
● Within 5 days of receiving documents and proof under section 2.2, the seller or selling agent
must inform “On The Box” the following:
○ Tell "On The Box" and the buyer if they agree or disagree with what the buyer is
saying, and if they disagree, provide an explanation.
○ Give "On The Box" and the buyer any relevant documents or proof they have to
support their side of the story.
● The Buyer and the Vendor and Selling Agent mutually agree to the following terms:
44 | On The Box Terms & Conditions
○ The CEO of On The Box will act as an expert to make a decision about the dispute,
following the rules in Schedule 2 and the law.
○ The expert decision will adhere to the Expert Determination Rules outlined in the
expert determination rules document, with the distinction that, for these rules, the
CEO of On The Box is recognized as the Expert.
○ The rules within the Expert Determination Rules form an integral part of the sales
contract.
○ The CEO of On The Box is not an arbitrator and is not functioning in that capacity.
○ The CEO’s decision is conclusive and must be adhered to, except in instances of legal
issues or if there’s an evident mistake, fraud or bad intentions.
○ Both parties share the costs and expenses of On The Box equally.
○ The CEO of On The Box has the discretion to determine how the decision is made,
and both parties are obligated to comply with their instructions.
● Both parties acknowledge that On The Box and the On The Box CEO bear no liability for acts
or omissions in the discharge of their respective functions under this agreement, unless such
acts or omissions are proven to be fraudulent or in bad faith;
○ The Buyer is entitled to a full refund from the Vendor for the Purchase Price of the
Described Lot under specific conditions, and the Described Lot must be returned at
the Vendor's cost, if the following conditions are specified.
■ the Buyer has reported the Defect in writing to On The Box and the Selling
Agent or Vendor within 48 hours of receipt of the Described Lot, together
with adequate supporting evidence (such as photographs) to enable the On
The Box CEO to confirm the existence of a Defect; and
■ the On The Box CEO determines that a Defect exists in accordance with
Contract of Sale.
● Unless agreed otherwise between the Buyer and the Selling Agent or Vendor, the following
occurs within 7 days of receiving notice from On The Box under section 2 of Schedule 1
○ If the Buyer hasn't paid for the item, they must return it to the Vendor or Selling
Agent. The Vendor or Selling Agent is promptly responsible for the return costs,
including shipping, emergency animal health expenses, and agistment costs based
on the number of items returned.
○ If the Buyer has already paid, the Selling Agent or Vendor must refund the Buyer’s
payment. The Buyer is required to return the item to the Selling Agent or Vendor.
The costs for the return, such as shipping, emergency animal health expenses, and
agistment, must be promptly covered by the Selling Agent or Vendor based on the
number of Items returned.
● The exclusive means for the Buyer to address a problem through the expert determination
process in this Schedule is by following the steps in schedule 2 Part A and Part B.
45 | On The Box Terms & Conditions
Schedule 2. Dispute Resolution Assessed Items
2.1 Part A – Dispute Resolution Framework.
Application of this schedule
● This document constitutes Part A of Schedule 2 and pertains to the resolution of disputes
arising from potential issues with Assessed Lots.
● In the event of a dispute concerning an Assessed Lod, both parties mutually agree that
resolution must adhere to the regulations outlined in this Schedule 2. Neither party will
initiate legal proceedings or arbitration until all steps in this Schedule have been exhausted
unless it is an urgent matter.
● Throughout the dispute resolution process, the party in possession of the Assessed Lot is
obligated to ensure its proper care and maintenance.
● For the purposes of this Schedule 2:
● "Dispute" encompasses any disagreement pertaining to an issue with the Assessed
Lot.
● "Expert Determination Rules" refers to the regulations governing expert
determination as specified in the document located at Schedule 2 Part A, 2.4.
● "Mediation Rules" designates the regulations for mediation outlined in the
document located at Schedule 2 Part A, 2.3.
2.2 Stage 1: Negotiation
● In the event that a Buyer identifies a Defect in an Assessed Lot upon receival, they are
obligated to adhere to the following procedures within 48 hours of receiving the Lot, unless
an alternative timeframe is specified:
○ Issue a written Notice of Dispute to either On The Box, the Vendor, or the Selling
Agent. This notice must encompass:
■ A comprehensive description of the Defect.
■ Details pertaining to the legal and factual aspects involved.
■ Presentation of arguments related to these issues.
■ The amount being claimed, or the remedy sought, calculated in accordance
with Part B and Part C of this Schedule, if applicable.
● Provide the necessary supporting documents and evidence to the Selling Agent and On The
Box within 48 hours of sending the Notice of Dispute, unless there's a requirement for
third-party reports (like a veterinarian's assessment). In such instances, a period of 7 days
from the Notice of Dispute is granted to furnish these reports. Adequate supporting
materials, such as photos or third-party inspection reports, must be included within these
stipulated timeframes.
○ Promptly engage to resolve the Dispute by initiating informal, sincere negotiations
with the Selling Agent or Vendor.
46 | On The Box Terms & Conditions
● Upon receiving notification of the existence of a Defect in accordance with section 2.2 of this
Schedule 2, the Selling Agent or Vendor is required to expeditiously and in good faith
negotiate for the resolution of the Dispute with the Buyer. A negotiated resolution may
encompass, for instance, a price adjustment determined by reference to the tables at Part B
of this Schedule, where applicable.
2.3 Stage 2: Mediation
● Should the Dispute persist beyond 10 days (or a mutually agreed shorter duration)
subsequent to the issuance of the Notice of Dispute, both parties are obligated to seek
mediation assistance from On The Box, in accordance with the regulations outlined in
Schedule 3 and the Mediation Rules. Complete cooperation with On The Box as the mediator
is mandatory.
● The selection of the mediator will be at the discretion of the CEO of On The Box (or an
authorised representative), and the appointed mediator may be an On The Box employee,
provided they accept the role.
● The mediator retains the authority to enlist a third party to investigate and furnish a report
on some or all of the issues entailed in the Dispute.
● Mediation proceedings are to commence within 5 days (unless both parties mutually agree
on an extended timeframe) subsequent to the referral of the Dispute to On The Box.
● In the event that the Vendor and/or Selling Agent fail to comply with the mediation
requirements and timelines delineated in this section, the Dispute will automatically
progress to Expert Determination.
2.4 Stage 3: Expert determination
● In the event that the Dispute remains unresolved within 7 days of the commencement of
mediation (or a longer duration if mutually agreed), it may proceed to expert determination.
However, if the Buyer opts for one of the remedies outlined in Part B of this Schedule, and
the Vendor and/or Selling Agent concurs, the Dispute will not proceed to expert
determination. In the event of disagreement by the Vendor and/or Selling Agent with the
Buyer’s choice, the Dispute will be referred to expert determination.
● Three independent experts, not affiliated with On The Box, will preside over the expert
determination, rendering decisions by majority rule.
● In the absence of an alternative agreement within two Business Days of referring to the
Dispute, the experts will be selected by the CEO of On The Box (or a designated
representative).
● Expert determination proceedings will commence within 7 days of referring to the Dispute,
the experts will be selected by the CEO of On The Box (or a designated representative).
● The expert determination will adhere to Schedule 3 and the Expert Determination Rules.
● Unless all parties unanimously agree in writing, the mediator will not serve as one of the
experts, but they may attend hearings unless contested by either party.
● The experts or On The Box may engage a third party to investigate and furnish a report on
certain or all aspects of the Dispute, which the experts can consider In reaching their
decision.
47 | On The Box Terms & Conditions
● The identities of the experts will remain confidential from the parties, and vice versa.
● The experts hold discretion in determining the procedure for reaching their decision, and the
parties must comply with their stipulations.
● The experts do not assume the role of arbitrators.
● The decision of the experts is conclusive and binding on all matters, except in legal matters or
instances of manifest error, fraud, or bad faith.
Part B: Defects and Remedies in respect of Assessed Lots
1. Introduction
● This section, referred to as Part B, pertains to disputes concerning potential issues with
Assessed Lots, encompassing Slaughter Stock. Part C also extends to cover Slaughter Stock.
● The entitlements and solutions enumerated in Table 1 and Table 2 below are applicable only
if the problem is reported to the Selling Agent, Vendor, or On The Box within 48 hours of the
Lot’s delivery to the Buyer, except when specified otherwise in Table 2.
● In instances outlined in Table 1, a claim may still be viable even if reported after 48 hours,
contingent on the circumstances delineated in Table 3.
● None of the Buyer, Vendor, or Selling Agent can escalate a claim to expert determination
without first attempting negotiation and mediation, and in cases where these endeavours
prove unsuccessful.
● If the Buyer declines any animals in accordance with this Schedule, the Vendor is obligated to
cover the direct expenses incurred by the Buyer due to the rejection. These include shipping
costs, emergency animal health expenses necessary to prevent further health issues, and
agistment charges based on the number of animals rejected.
● Unless there are pressing health concerns or treatments imperative for preventing harm to
animal health and welfare, the Buyer is precluded from rejecting the Livestock if they have
significantly altered the condition, description, marketability, or value of the stock through
animal care or health treatments.
● In the event of any inconsistencies between this Part B and Part C below, Part C holds
precedence.
2. Misdescribed Assessed Lots
● If, upon delivery, a lot deviates from the specified description in designated fields (refer to
the listed assessment fields below), such non-conformity is termed a “misdescription”. It is
important to clarify that these assessment fields are objective in nature and are not subject
to individual interpretation.
● In the event that any elements within the lot align with this misdescription, the buyer has
the entitlement to refuse the delivery of either the specific implicated animal, or
alternatively, all animals within the lot.
● In such circumstances, the Vendors and the Selling Agent bear the responsibility for the
associated expenses of transporting the animals back to the property. This financial
48 | On The Box Terms & Conditions
obligation lies with them to rectify the situation and uphold the accuracy of the lot
descriptions.
3. Defined Tolerance Of Assessed Lots
● Assessment Trait Descriptions: Unless explicitly stated otherwise in this document, all
assessment traits are presumed to be accurately described and shall conform to the
definition outlined in the “Misdescribed Assessed Lots” section.
● Tolerances and Timeframes: The following fields are subject to tolerance limits as specified
below, contingent upon delivery occurring within the defined timeframes.
● Cumulative Tolerances: Tolerances are not mutually exclusive. Claims may be initiated if any
of the tolerances below are impacted, and they are not influenced by the presence or
absence of other tolerances.
4. Traits
4.1. Single Descriptor:
If the entire Lot is determined to fall within a single descriptor of a Trait (Single Descriptor), and the
Buyer asserts that the Single Descriptor is not applicable to one or more animals in the Lot, and if the
parties cannot reach a resolution through negotiation and mediation, then section 4.2 below
becomes applicable.
4.2 Buyer’s discretion to Reject Livestock
(a) reject:
(i) any animals to which the Single Descriptor does not apply; or
(ii) the entire Lot if the Single Descriptor is not applicable to more than 15% of the Lot;
(b) escalate the claim to expert determination; or
(c) withdraw the claim.
4.3 Rejection of Livestock
If the Vendor and/or Selling Agent contests the Buyer's right to reject any animal or animals as per
section 4.2(a) above, then the Vendor must elevate the claim to expert determination.
4.5. Multiple Descriptors:
If a Lot is evaluated based on multiple descriptors of a Trait (Multiple Descriptors), and the Buyer
contends that some or all of the Lot does not align with the Multiple Descriptors, and the parties
cannot reach a resolution through negotiation and mediation, then the rights of the parties are
contingent upon the applicable tolerance model for the Trait, as specified below. Three Compliance
Parameters for the Traits are outlined in Table 1 below.
49 | On The Box Terms & Conditions
4.6. On The Box Compliance Parameters:
Table 1: Compliance Parameters
Compliance
Parameter
Criteria
Traits
Applicable
Compliance
Parameter 1:
1. If Compliance Parameter 1 is applicable to a Trait, the Buyer may (at
the Buyer’s discretion):
(a) Reject:
(i) Any animals that the Multiple Descriptors do not apply to;
(ii) Any animals exceeding the number assessed for each of the
Multiple Descriptors.
(iii) The entire Lot if, due to Compliance Parameter 1 (a)(i) to (a)(ii)
above, more than 15% of the Lot is entitled to be rejected by the
buyer.
(b) Refer the claim to expert determination; or
(c) Withdraw the claim.
2. However, if progeny is weaned, and its Bloodline or registered
sire/dam details are found to be inaccurate, the Buyer has the right to
reject only the progeny and not the dam (provided the dam is
accurately described). In the case of unweaned progeny with incorrect
Bloodline or registered sire/dam details, the Buyer has the authority
to reject both the progeny and the dam.
Age
Bloodline
Breed
Sex
Compliance
Parameter 2:
In Compliance Parameter 2 there is a tolerance of 10% of the number of
animals in the entire Lot (10% Tolerance) for each of the Multiple Descriptors.
For a Trait that has the Compliance Parameter 2 applicable then the Buyer
may at their discretion:
(a) Reject:
(i) Any animals to which the Multiple Descriptors do not apply;
(ii) Any animals that are in excess of the number as assessed in
relation to each of the Multiple Descriptors less the 10%
Tolerance.
(iii) The entire Lot if by reason of Compliance Parameter 2 (a)(i) to
(a)(ii) above more than 15% of the Lot is entitled to be
rejected by the Buyer.
(b) Refer the claim to expert determination; or
(c) Withdraw the claim.
Shearing
Crutching
Mulesing
Tails
Mixed Sex Lines
Compliance
Parameter 3:
1. In Compliance Parameter 3:
(a) 80% of the animals in the Lot must fit within one or more of the
Multiple Descriptors.
(b) There is a tolerance in relation to animals that fit within an unused
descriptor that is adjacent to a descriptor used in the Assessment. The
amount of the tolerance for animals in the Adjacent Unused
Descriptor is less than 10% of the entire Lot or the number of animals
in the Adjacent Assessed Descriptor.
Dentition
Fat / Muscle
Score
Mulesing
Wool Length
Wrinkle Score
Seed and Burr
50 | On The Box Terms & Conditions
(c) No animal may be more than two descriptors away from the multiple
Descriptors.
2. For a trait that has the Compliance Parameter 3 applicable then the Buyer
may (at the Buyer’s option):
(a) Reject:
(i) The number of animals in the Adjacent Unused Descriptor
that exceeds the Adjacent Tolerance Amount.
(ii) Any animals that fits within a descriptor that is two or more
descriptors away from the Multiple Descriptors; or
(iii) The entire Lot if, by reason of sections 2(a)(i) to 2(a)(ii), more
than 15% of the Lot is entitled to be rejected by the Buyer.
(b) Refer the claim to expert determination; or
(c) Withdraw the claim.
If the Vendor and/or Selling Agent disputes the Buyer’s claim to reject any
animal or animals in accordance with section 2(a) above, then the Vendor
must refer the claim to expert determination.
5. Additional Traits - Tolerance Table 2 Claims notified
within 48 hours.
5.1. Where the Buyer claims that there is an issue with one of the traits in column 1 of Table 2 below
and that a claim has not been resolved by negotiation or mediation, then the Buyer may (at the
Buyer’s option):
(a) reject animals where provided for in Column 2 of Table 2;
(b) claim a price adjustment where provided for in Column 2 of Table 2;
(c) Refer the claim to expert determination; or
(d) Withdraw the claim.
5.2. If Column 2 of Table 2 below does not provide the above, then the Buyer may;
(a) reject some or all the animals; or
(b) claim a price reduction,
And the dispute is referred to expert determination, the experts may decide that the appropriate
remedy is that some or all the animals may be rejected and/or there should be a price reduction.
5.3. If the Vendor or Selling Agent challenges the Buyer’s right to reject any animal(s) under section
3.1(a) or make a claim for a price adjustment under section 3.1(b), the Vendor must initiate expert
determination to resolve the dispute.
5.4. None of the Buyer, Vendor or Selling Agent can proceed to expert determination unless attempts
at negotiation and mediation have taken place and proved unsuccessful.
51 | On The Box Terms & Conditions
Table 2:
Additional Traits
Trait
Definition and Tolerance
Animal Health
1.Non-Transmittable Disease
If signs of disease are identified within 48 hours of the livestock’s delivery to the Buyer, and the
disease was contracted by the animals before their delivery to the Buyer, the Buyer is entitled to
reject any affected livestock. If the disease is present in more than 15% of the Lot, the Buyer
reserves the right to reject the entire Lot.
2.Transmittable disease that poses threat to other animals
If clinical signs of disease are identified within 48 hours of the livestock’s delivery to the buyer, and
the disease was contracted by the animal(s) before their delivery to the Buyer, the Buyer is
authorised to reject any affected livestock. If the disease is present in more than 1% of the Lot, the
Buyer retains the right to reject the entire Lot.
3. Transmittable disease where if any % is showing symptoms, it is accepted that ALL will, or there
is a significant risk all will.
Should symptoms of a transmittable disease be detected within 48 hours of delivery to the Buyer,
and the disease was acquired by the animals prior to delivery to the Buyer, then the Buyer may
reject the entire Lot.
Assessor
Comments
Applicable for descriptors which reference dedicated Assessment fields whereby both must align.
This includes, but is not limited to bloodline, lot size, age.
If there is a discrepancy between a dedicated input Field in the Assessment and the Assessor’s
comments, and the delivered Lot falls within the dedicated input Field, the Buyer is precluded from
initiating a claim.
For any other instances where the Buyer intends to lodge a claim, the Buyer is obligated to pursue
resolution through negotiation, mediation, and if these procedures prove unsuccessful, through
expert determination.
Bruising
(Cattle
Slaughter
Stock Only)
In the occurrence of bruising of animals upon delivery, the Buyer is entitled to a price adjustment for
each bruised animal using the percentage price adjustments by reason of the bruise scores as
defined by the AUS-MEAT Language:
Adjustment
Bruise Score
Group A
Group B
1
2%
1%
2
2%
2%
3
4%
2%
4
2%
1%
5
5%
2%
6
6%
4%
7
5%
2%
8
9%
6%
9
15%
15%
Group A: Claves, vealers, weaners, yearlings, steers, heifers, and cows.
Group B: Bulls and Manufacturing.
Faults
For undisclosed Faults or Traits not true to type for the breed, class or age of the Livestock:
If no faults are disclosed in the Assessment, the Buyer has the right to reject any animal with an
undisclosed fault identified within 48 hours of delivery.
52 | On The Box Terms & Conditions
In cases where a fault is disclosed in the Assessment, and the number of animals with the declared
fault exceeds by 5% more than declared on the Assessment, then the Buyer may reject those
animals with the declared fault in excess of 5% of the number of animals with the declared fault on
the Assessment.
In the instance of a fault declared on the Assessment and the number of animals with the declared
fault is 15% more than declared, then the Buyer may reject the entire Lot.
Grazing
Conditions
The Buyer may reject the entire Lot if, prior to delivery to the Buyer, some or all of the animals were
grazed on species which included weeds that are declared noxious or plant species which cause
detriment to animal health.
Head Count
In the event of the number of animals delivered differing from what is on the National Vendor
Declaration (NVD), the Buyer will only be liable to pay for the number of animals delivered.
If the number of animals delivered exceeds the number on the Assessment by 5%, the Buyer may
reject the animals in excess of the number on the Assessment.
If the number of animals delivered is 5% less than the number on the Assessment, and the Buyer
wishes to make a claim (including for freight costs on a pro-rated basis), the Buyer shall seek a
resolution through negotiation, mediation, and (if those processes are unsuccessful), through expert
determination.
If the number of animals delivered is + or - 15% different to the number on the Assessment, the
Buyer can reject the entire Lot, or alternatively seek a resolution (including in relation to freight
costs on a pro-rated basis) through negotiation, mediation, and (if those processes are
unsuccessful), through expert determination.
Inaccurate &
Misleading
Information
Includes the Inaccurate or misleading information in the Assessment which includes and is not
limited to weaning details, joining dates and stock history.
In all cases where the Buyer wishes to make a claim, the Buyer shall seek a resolution through
negotiation, mediation, and if unsuccessful, through expert determination.
Lameness
The Buyer may reject the affected animal(s) where there is lameness and there is evidence of a
structural fault present prior to delivery, or evidence of lameness still present 14 days after delivery
following resting in a paddock (providing this does not relate to symptoms of disease).
Lameness must be notified within 48 hours and must still be present 14 days after delivery.
Mismothering
In the case of any animals incorrectly paired or mothered up prior to delivery, or if such pairing or
mothering up is disrupted during transit, and the Buyer intends to file a claim, the Buyer must
attempt to resolve the matter through negotiation, mediation, and, if these processes prove
unsuccessful, through expert determination.
Number Per
Deck
If the number of animals per deck of the truck transporting the animals to the Buyer is specified,
and the actual number per deck is out by more than 5%, then where the Buyer wishes to make a
claim, the Buyer shall seek a resolution through negotiation, mediation, and (if those processes are
unsuccessful), through expert determination.
Paperwork
Issues
1.NVD
If the Assessment does not match the NVD or other Vendor supplied statements/paperwork or the
information on the National Livestock Identification System (NLIS) (together and separately, Vendor
paperwork).
If the Vendor Paperwork is correct and the Assessment is incorrect, the Buyer may reject any
animals that do not fit within the Assessment.
If more than 15% of the Lot does not fit within the Assessment in the above way, then the Buyer
may reject the entire Lot.
53 | On The Box Terms & Conditions
If the incorrect Vendor Paperwork was originally provided to the Buyer, the Vendor and/or Selling
Agent must supply the correct Vendor Paperwork within 14 days of delivery of the animals to the
Buyer.
2.Lifetime Traceability
Paperwork regarding Lifetime Traceability (LT), Status, and Vendor Bred Status.
If more than 1% of the Lot are not LT, then the Buyer may reject that number of Livestock in excess
of the tolerance allowance of 1%.
If more than 15% of the Lot are not LT, then the Buyer may reject the entire Lot.
Pregnancy
1.Pregnancy (when displayed as PTIC or SIL in lot title)
In an assessment displayed as PTIC or SIL in the lot title, the pregnancy certificate must be no more
than 30 days old at the time of Assessment.
The Buyer must report the intention to pregnancy test some or all of the Lot within 48 hours of
delivery. The Buyer has 14 days from delivery to have the animal(s) pregnancy tested and the notice
of dispute must occur within 48 hours of receiving the pregnancy certificate.
There is a 10% tolerance for sheep and goats, and a 5% tolerance for cattle for animals found not to
be pregnant.
In the instance where the tolerances have been exceeded, and the Buyer wishes to make a claim,
the Buyer shall seek resolution through negotiation, mediation, and (if those processes are
unsuccessful), through expert determination.
The Vendor retains the right to have the stock re-tested at their own cost to confirm the results.
2.Pregnancy – Vendor terms (when displayed as PTIC or SIL in lot title).
The Vendor must provide an opportunity for the Buyer to have the animal’s pregnancy tested. This
must occur within 24 hours of delivery, with the notice of dispute occurring within 48 hours of
testing.
Where the Vendor-nominated tolerances have been exceeded, and the Buyer has met the criteria
regarding pregnancy testing timeframe and any other conditions nominated, the Buyer may make a
claim. If the Buyer wishes to make a claim, they shall seek a resolution through negotiation,
mediation, and (if those processes are unsuccessful), through expert determination; excluding
circumstances in which the Vendor Terms include a resolution process.
The Vendor retains the right to have the stock re-tested at their own cost to confirm the results.
The Buyer has no claim in relation to any animal found not to be pregnant when No Pregnancy
Terms were selected.
Transport
(Trucking
Access)
Unless expressly stated to the contrary, it is implied that trucking access covers both immediate
access to the property and the closest road which has been named and published as a public road by
the local council or state government.
If costs are incurred by the transported due to the negligence or fault of the Vendor or Selling Agent,
the Vendor or Selling Agent are responsible for the costs incurred.
If costs are incurred by the transported due to their own fault or negligence, as between the Vendor
and the Buyer, the Buyer is responsible for the costs incurred.
54 | On The Box Terms & Conditions
Live Weight
Standard
Auctions
The tolerances listed below are relevant for Standard Auctions (that is not Paddock Sales)
A Buyer may assert a claim based on either the average live weight or the weight range, not both.
Average live weight claims
For Cattle
If the average live weight at delivery (including any nominated delivery adjustment) deviates by
more than the allowed tolerance of + or – 3% from that in the Catalogue, the Buyer may claim a
price adjustment, calculated as follows:
Price adjustment = P x (WA-WD)
Where:
P = price per kilogram of the entire Lot as per the sold price results on the On The Box platform.
W A = combined weight of entire Lot as assessed in kilograms.
WD = combined weight of entire Lot as delivered in kilograms (including delivery adjustment).
This tolerance is applicable to all cattle stock categories.
For sheep and goats:
If the average live weight at delivery (including any nominated delivery adjustment) deviates by
more than the allowed tolerance of + or - 5% from that in the Catalogue, the Buyer may claim a price
adjustment using the same formula as above.
This tolerance is applicable to all Sheep, lamb, and goat Stock Categories.
Weight Range claims
In the event that any individual animal(s) within the Lot surpasses the specified weight range by an
allowable variance of more than 10% (including any nominated delivery adjustment), the Buyer
reserves the right to decline those particular animal(s).
OR
Should the count of animals in the Lot that fall outside the defined weight range (including any
nominated delivery adjustment) surpass 5% of the total number of animals in the Lot, the Buyer is
entitled to reject the surplus animals beyond the 5% tolerance.
Liveweight Loss (Gut Shrink)
A guide for cattle which have been removed from feed and water is as follows.
Time off Feed &
Water
Liveweight Loss
(%)
Increased Dressing Percentage
(%)
1 hr
1.5
0.75
2 hrs
2.5
1.25
4hrs
4
2
12 hrs
7
3.5
16 hrs
8
4+ (e.g. dry overnight curfew)
Sheep and Goats:
Rate of live weight loss
Time off feed (hours)
Cumulative live weight loss
0.50% per hour for first 6 hours
3
1.5%
6
3%
0.30% per hour for next 6 hours
12
4.8%
0.25% per hour for next 12 hours
24
7.8%
55 | On The Box Terms & Conditions
0.125% per hour for next 24 hours
48
10.8%
0.10% per hour for next 24 hours.
72
13.2%
Live Weight
Paddock Sales
The tolerances listed below are relevant for Paddock Sales only. They are not relevant for any other
type of sale. Only cattle can be listed in a Paddock Sale.
A Buyer may assert a claim based on either the average live weight or the weight range, not both.
Average live weight claims
For Cattle
If the average live weight at delivery (including any nominated delivery adjustment) deviates by
more than the allowed tolerance of + or – 10% from that in the Catalogue, the Buyer may claim a
price adjustment, calculated as follows:
Price adjustment = P x (WA-WD)
Where:
P = price per kilogram of the entire Lot as per the sold price results on the On The Box platform.
W A = combined weight of entire Lot as assessed in kilograms.
WD = combined weight of entire Lot as delivered in kilograms (including delivery adjustment).
This tolerance is applicable to all cattle stock categories.
Weight Range claims
In the event that any individual animal(s) within the Lot surpass the specified weight range by an
allowable variance of more than 10% (including delivery adjustment), the Buyer reserves the right to
decline those particular animal(s).
OR
Should the count of animals in the Lot that fall outside the defined weight range surpass 10% of the
total number of animals in the Lot, the Buyer is entitled to reject the surplus animals beyond the
10% tolerance (including delivery adjustment).
Liveweight Loss (Gut Shrink)
A guide for cattle which have been removed from feed and water is as follows.
Time off Feed &
Water
Liveweight Loss
(%)
Increased Dressing Percentage
(%)
1 hr
1.5
0.75
2 hrs
2.5
1.25
4hrs
4
2
12 hrs
7
3.5
16 hrs
8
4+ (e.g. dry overnight curfew)
6. Claims that may be notified outside 48 hours
6.1. Concerning the issues outlined in column 1 of Table 3, the Buyer is entitled to the longer period
specified in column 2 of Table 3 to notify the claim.
56 | On The Box Terms & Conditions
6.2. If the Buyer asserts that one of the issues detailed in column 1 of Table 3 has occurred, the claim
is notified within the prescribed time frame, and the claim remains unresolved after negotiation or
mediation, the Buyer may (at the Buyer’s discretion):
(a) reject animals where provided for in Column 2 of Table 3;
(b) Refer the claim to expert determination; or
(c) Withdraw the claim.
Table 3:
Notification of Claim outside 48 hours of delivery
Issue
Tolerance / Buyer’s remedy
Accompanying
paperwork,
documentation
and/or vendor
declarations do not
match the
Assessment
In the event that essential documentation, such as the NVD (National Vendor
Declaration), or legitimately requested paperwork by the Buyer, such as a Health
Statement, is not supplied by the Vendor within 48 hours of the animals' delivery to the
Buyer for the entire Lot, the Buyer, provided the claim is submitted within 14 days of
delivery, is required to pursue resolution through negotiation, mediation, and, if these
processes prove unsuccessful, through expert determination
Defined Traits of
unborn progeny
(breed, sex)
The notification of a claim must adhere to the specified timeframes as follows:
● In cases related to wrong sex, notification must be within 7 days from birth.
● For inaccuracies in breed evidenced by coat colour (e.g. Dorpers or Black
Baldies), notification within 7 days of birth.
● In situations involving breed inaccuracies that cannot be identified at birth
notification is 3 months from the end of calving/lambing.
● If more than 5% of the entire lot presents issues with the Defined Traits and the
Buyer intends to make a claim, resolution is to be sought through negotiation,
mediation and, if those processes prove unsuccessful, through expert
determination.
● Should more than 15% of the entire Lot (excluding unborn progeny) exhibit
problems with these Defined Traits, the Buyer retains the right to reject the
entire Lot.
Lifetime
Traceability/Vendor
Bred/EU/Other
NLIS inaccuracies
The claim must be notified within the timeframe of NLIS transfer requirements of the
State of the purchase.
Where more than 1% of the Lot is affected by these inaccuracies, the Buyer may reject
affected animals in excess of the 1% affected.
If more than 15% of the Lot are affected by these inaccuracies, the Buyer may reject the
entire Lot.
NSM females found
pregnant if they
were declared to
have had no access
to
bulls/rams/bucks/st
ags
The Buyer is required to provide notice of their intention to conduct pregnancy scans
on livestock within 48 hours of the animals' delivery. The Buyer must conduct the
testing at their own expense within 28 days of the animals' arrival.
The Vendor retains the right to incur the cost of re-scanning the livestock to verify the
results.
A 5% tolerance is allowed for animals found to be pregnant.
57 | On The Box Terms & Conditions
If the tolerance is exceeded and the Buyer opts to terminate the pregnancy through a
PG injection, the Vendor is accountable for the cost. However, the Buyer cannot seek an
additional discount for these animals.
If the number of animals found to be pregnant surpasses the 5% tolerance, and the
Buyer decides not to terminate the pregnancy, any claim by the Buyer necessitates
seeking resolution through negotiation, mediation, and, if those processes prove
ineffective, through expert determination.
The Vendor is responsible for the expenses of having the livestock pregnancy tested if
they choose to request a test or if the number of animals found to be pregnant exceeds
the 5% tolerance.
If the number of animals found to be pregnant falls within the 5% tolerance, the Buyer
remains responsible for the costs associated with the livestock pregnancy tests and has
no claim on detectably pregnant animals.
In the case of any access to bulls, rams, bucks, stags is declared, no claim can be made.
Progeny born
outside expected
timeframe
Subject to the below, a claim may be brought in respect of progeny born (full term) at
least 4 weeks outside the expected timeframe, based on joining dates. This only applies
if the Lot is stated to have had no access to bulls/rams/bucks/stags outside of the
nominated joining period and the stock have been pregnancy tested. No claim can be
brought where the Assessment states that the stock has been continuously joined. No
claims on progeny born outside of the expected timeframe can be brought for livestock
purchased from a Paddock Sale.
The claim must be notified within 7 days of birth, however if progeny are born after the
expected timeframe, buyers have 7 days from the end of that expected window.
There is a 10% tolerance on the number of progeny which can be born outside the
expected timeframe. If this tolerance is exceeded, where the Buyer wishes to make a
claim, the Buyer shall seek a resolution through negotiation, mediation, and (if those
processes are unsuccessful), through expert determination.
Specific Sire Details
or Bloodlines (for
assessed animals,
progeny at foot or
unborn progeny)
The Buyer is obligated to inform the Vendor, Selling Agent, or On The Box when genetic
testing is conducted.
The claim must be communicated, and evidence provided within 3 months from the
animals' delivery to the Buyer (for live animals) or 3 months from the end of calving or
lambing (for unborn progeny).
A 5% tolerance is applicable to the number of assessed animals differing from the
assessed bloodline, as confirmed by genetic testing.
The Buyer has the right to reject any affected animals, and if more than 15% of the Lot
is affected, the Buyer may reject the entire Lot.
58 | On The Box Terms & Conditions