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
December 2024
Table Of Contents
1. 4
1.1. 4
1.2. 4
2.0 Registration with On The Box .................... 4
2.1. Account Creation...................................... 4
2.2. Warranties................................................ 5
2.3. Account Warranties .................................. 5
2.4. Account Deactivation ............................... 5
3. Your Use of the On The Box Platform ......... 6
3.1. Your Rights .............................................. 6
3.2. Prohibited Activities .................................. 6
4. Data & Content On The Box ......................... 7
4.1. User Uploaded Data ................................. 7
4.2 Using Your Data ........................................ 7
4.3 User Agreement Requirements ................. 7
4.4 Content Disclaimer and Liability Limitations
....................................................................... 7
5. Fees ............................................................... 7
5.1 7
5.2 GST .......................................................... 8
5.2 8
6. Listing and Selling Lots On The Box ........... 8
6.1. General Requirements ............................. 8
6.2 Vendor Listing Requirements .................... 8
6.3 Agent and Vendor Representation ............ 9
6.4 On The Box’s Role .................................... 9
6.5 Assessment .............................................. 9
6.6 Withdrawal of Lots ..................................... 9
6.7 Requirement to Sell to Highest Bidder ....... 9
6.8 Passed In Lots .......................................... 9
7. Bids and Buy Now ...................................... 10
7.1 10
7.2 10
7.3 Bids by Agents or Vendors on Their Own
Lots ............................................................... 11
7.3 11
7.4 11
7.5 11
8. Agents And Assessors .............................. 11
8.1 13
8.2 13
8.3 13
9. Additional Livestock Responsibilities ....... 12
9.1 12
9.2 13
10. Formation of Contract of Sale .................. 13
10.1 When is the Contract of Sale Formed .... 13
10.2 Contract of Sale ..................................... 13
11. Intellectual Property Rights &
Confidentiality ................................................. 13
11.1 13
11.2 14
12. Disclaimers ................................................ 14
12.1 14
13. Liability and Indemnity ............................. 14
13.1 14
13.2 Liability Under Australian Consumer Law
...................................................................... 15
13.2 15
13.3 15
13.4 No Liability for Lots Within Tolerance ..... 16
14. Term, Suspension and Termination ......... 16
14.1 Term ...................................................... 16
14.2 16
14.3 Termination for Cause ........................... 16
14.4 Consequences of Termination ............... 16
15. Dispute Resolution ................................... 17
15.1. Dispute Resolution Process .................. 17
15.2 Resolution Proposal............................... 17
15.4 Confidentiality and Conflict of Interest .... 17
15.5 Extension of Resolution Period .............. 17
15.6 Challenge to Panel Decision .................. 17
15.7 General Provisions ................................ 18
16. General Terms ........................................... 18
16.1 Force Majeure ....................................... 18
16.2 Notices .................................................. 18
16.3 Benefit of Indemnities ............................ 18
16.4 Enduring Clauses .................................. 18
16.5 Jurisdiction ............................................ 18
16.6 Severability ........................................... 18
16.7 Waiver ................................................... 18
16.8 Assignment ........................................... 18
17. Definitions and Interpretation Clauses ... 19
18. Standard Sale Terms ................................ 21
18.1 Transport Obligations ............................ 21
18.2 Inspection and Acceptance of Lots ........ 22
18.3 Title and Risk ........................................ 22
19. Ticks .......................................................... 22
19.1 22
20. Purchase Price and Payment ................... 23
20.1 Purchase Price ...................................... 23
21. Warranties ................................................. 23
21.1 Mutual Warranties ................................. 23
21.2 Vendor Warranties ................................ 23
21.3 Buyer Warranties and Acknowledgement
..................................................................... 23
22. Force Majeure ........................................... 24
23. GST ............................................................ 24
23.1 GST Definitions ..................................... 24
24. General ...................................................... 24
24.1 Jurisdiction ............................................ 24
24.2 Severability ........................................... 24
Schedule 1: Dispute Resolution Non-
Assessed Items .............................................. 25
1.1 Application of this Schedule .................... 25
1.2. Reporting and Negotiating Timeframe. ... 25
1.3. 25
Schedule 2. Dispute Resolution Assessed
Items ................................................................ 26
2.1 Part A – Dispute Resolution Framework. . 26
Application of this schedule ........................... 26
2.2 Stage 1: Independent Negotiation ........... 27
2.3 Stage 2: Resolution Panel ....................... 27
Part B: Disputes Relating to Assessed Lots
..................................................................... 27
1. 27
2. 28
3. 28
4. Traits ............................................................ 28
4.1. Single Descriptor: ................................... 28
4.2 Buyer’s discretion to Reject Livestock ...... 28
4.3 Rejection of Livestock .............................. 29
4.5. Multiple Descriptors: ............................... 29
4.6. On The Box Compliance Parameters ..... 29
5. Additional Traits - Tolerance Table 2 Claims
notified within 48 hours. ................................. 31
6. Claims that may be notified outside 48 hours
...................................................................... 36
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').
Authority for Legal Entities: If you are utilising 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. Specific Terms will be clearly outlined in the
respective listing or sale.
The Roles and Services of On The Box: OnTheBox
provides a platform facilitating users to list, purchase,
and sell livestock, machinery, and other items. On The
Box 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 On The Box
Platform are conducted by Selling Agents on behalf of
Sellers (Vendors). When a purchase is made on our
platform, the Buyer is entering into a direct contract
with the Seller for the item. On The Box is not a party
to this contract and is not responsible for ensuring its
compliance.
1.2. Variations to the User
Agreement
Variation of User Agreement: On The Box may vary or
replace the User Agreement, in its sole discretion, by
notification by On The Box, or in any other manner
deemed appropriate by On The Box. On The Box will
provide a minimum of 30 days’ notice to any
significant variation to or replacement of its User
Agreement. All Users using On The Box after the
variation or replacement of the User Agreement
becomes effective will be bound by the new
agreement. Variations or updates to the User
Agreement will not apply to any Listing which is
current at the effective date of the variation or
replacement. The User Agreement in place at the time
of the listing published on the site will continue to
apply to that Listing.
2.0 Registration with On The
Box
2.1. Account Creation
Account Creation and Agreement: By creating an
account on the OnTheBox Platform 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.
Approval Discretion: On The Box may at its absolute
discretion accept or reject an application to be a User.
On The Box may also at any time and with immediate
effect and without notice:
a) Suspend or cancel a User’s access to On The
Box.
b) Impose conditions on a User’s use of On The
Box.
c) Block any user from using On The Box;
d) Take any other action deemed necessary by
On The Box.
Identity Verification: As part of the registration
process for an account with On The Box, users are
required to confirm their identity through a third
party service provider, Veriff. By proceeding with
registration, users agree to share their personal
details with Veriff for identity verification purposes.
If you do not wish to use Veriff for identity
verification, you may contact On The Box directly to
arrange an alternative manual identification process.
Please note that this may involve additional steps and
time to complete.
On The Box takes the privacy of your personal
information seriously and will only share the
necessary details with Veriff for identity verification
purposes. For more information about how your data
is handled, please refer to our Privacy Policy.
User Registration Requirements: Users registering an
account with On The Box must:
a) Complete all mandatory registration
requirements as detailed by On The Box in the
registration process.
b) Be a minimum of 18 years of age.
c) Must not be bankrupt or insolvent
d) Must agree to the Terms and Conditions and
User Agreement.
Agent & Assessor Requirements: Applicants seeking
to become an Agent and Assessor On The Box must:
a) Possess the necessary qualifications, licenses,
authorisations and consents to legally act as
agents for buyers and sellers on the platform.
b) Assessors must have passed the On The Box
Assessor accreditation program, or
demonstrate equivalent qualifications.
c) Additional expertise and industry experience
for approval of an assessor role On The Box
must be demonstrated, including holding
industry recognised accreditation.
2.2. Warranties
Legal Capacity: As an On The Box User, 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: All information provided to
On The Box by the User is truthful, precise and
complete.
Agent Authority: A User operating as an Agent or
Assessor on the platform must assert that they 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
authorisations, 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.
2.3. Account Warranties
Updated Account Details: You are responsible for
maintaining accurate and up to date details on your
On The Box Account. On The Box is not liable for
issues arising from outdated or incorrect details
entered onto a User account.
Account Credentials Protection: Users must
Safeguard their On The Box Account by maintaining
the confidentiality of their username and password.
Ensure that no unauthorised individuals can access
your computer or mobile device using this
information. The User is accountable for all activities
on their 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 On The Box.
2.4. Account Deactivation
Account Closure: Users retain the ability to close their
On The Box Account at their sole discretion by
reaching out to On The Box and submitting a request.
Account Suspension or Termination: On The Box
maintains the authority to temporarily or
permanently suspend any User Account On The Box.
Deactivation due to Non-Responsiveness: In
instances where On The Box has undertaken multiple
reasonable efforts to communicate with you
regarding your On The Box usage, and you have not
responded adequately, On The Box may find it
necessary to deactivate your account.
3. Your Use of the On The
Box Platform
3.1. Your Rights
Grant of Licence: You are hereby granted a personal,
non-transferable, and non-exclusive licence to access
and utilise the features of the On The Box Platform via
your On The Box account.
Feature Capabilities: The features provided enable
you to:
a) Review Listings and auction results.
b) Explore databases of Agents and Assessors.
c) Generate Listings and upload Assessments.
d) Submit bids or offers on Lots.
e) Engage in the buying and selling of Livestock,
Machinery, and other items.
f) User-Specific Features: Certain functionalities
are restricted to specific user categories. For
instance, the capability to place bids is
exclusively reserved for approved Buyers.
Compliance with Laws: You must comply with all
applicable laws and regulations governing your use of
the On The Box Platform and your activities therein,
including those relating to the role of agent or
auctioneer. Non-compliance may result in suspension
or termination of your access to the Platform.
3.2. Prohibited Activities
Adherence to User Agreement: Users must comply
with the terms and conditions set forth in this User
Agreement. The following activities are strictly
prohibited while using the On The Box Platform:
a) Unauthorised Bidding: Users are prohibited
from using their On The Box Account to place
bids or make offers on behalf of any third
party unless expressly authorised by the
provisions contained in clause 7.3.
b) Ownership of Listings: Only items that are
genuinely owned or for which the user has
explicit authorisation may be listed for sale on
the platform.
c) 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.
d) Respectful Communication: Users must
maintain a respectful tone when posting
reviews or sharing User Data and must refrain
from including harmful, prejudiced, or
inappropriate content.
e) Access Sharing: Sharing access to the platform
with others or attempting to sell such access
is strictly prohibited.
f) Fair Competition: Any activities that
undermine fair competition, including
collusion with others, are strictly prohibited.
g) Honesty and Legality: All user interactions
must be conducted honestly, and users must
not engage in misleading, deceptive, or illegal
activities.
h) Accuracy in Uploads: Users must ensure that
all uploads to the On The Box Platform,
including assessments and photographs for
listings, are accurate and complete.
i) Unauthorised Account Access: Interfering
with other users' accounts is strictly
prohibited.
j) Unauthorised Use and Profit: Copying or
profiting from any part of the On The Box
Platform without explicit written permission is
strictly prohibited.
k) Avoiding Harm to the Platform: Users must
not use the Platform in a manner that could
disrupt its functionality, including the
dissemination of viruses or malicious code.
Users are also prohibited from posting
inappropriate, defamatory, or discriminatory
content.
l) Consequences for Violations: Participation in
any of the aforementioned prohibited
activities may result in liability for any losses
incurred by On The Box.
m) Seller-Agent Relationship: Users are expressly
prohibited from persuading a vendor to
terminate their selling agent during the sole
agency period.
4. Data & Content On The
Box
4.1. User Uploaded Data
Your Content, Your Ownership: All contributions
made by users to the On The Box Platform, including
but not limited to information, descriptions, images,
videos, reviews, and any other content (hereinafter
referred to as "User Data"), shall be deemed the
exclusive property of the respective user.
4.2 Using Your Data
Your Grant of Licence: By using the On The Box
Platform, you grant On The Box an ongoing, unlimited,
transferable, non-exclusive, royalty-free licence (with
the right to sublicense) to use, modify, reproduce,
store, transmit, and display your User Data for the
following purposes:
a) Platform Operations: To fulfil obligations and
enforce rights as outlined in this User
Agreement and to facilitate your use of the
On The Box Platform.
b) Transaction Information: To share relevant
information, including Purchase Price, related
to transactions conducted on the On The Box
Platform.
c) Data Aggregation and Derivatives: To
anonymise or combine your User Data with
On The Box Content or data from other users
to create aggregated content or derivative
materials while preserving your ownership
rights.
d) Platform Enhancement and Product
Development: To improve the Platform and
associated services and to develop new
products and services.
e) Personalised Promotions: To provide you
with products and services tailored to your
perceived interests.
4.3 User Agreement Requirements
Accuracy and Integrity of User Data: You are
responsible for ensuring that all User Data you
contribute is accurate, truthful, and complete.
Legal Compliance and Rights: You warrant that your
User Data does not contravene any applicable laws,
including privacy regulations, nor does it infringe upon
the rights of any third parties, including Intellectual
Property Rights.
4.4 Content Disclaimer and Liability
Limitations
No Guarantees on Content: You acknowledge and
agree that On The Box cannot guarantee the
completeness, accuracy, reliability, or timeliness of
Assessments, Listings, or any other content available
on the On The Box Platform.
General Information: All information, data, and
content presented on the On The Box Platform are for
general informational purposes only and should not
be regarded as 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 accessed at your own risk. To the fullest
extent permitted by law, On The Box disclaims any
liability for any harm or loss arising from such content.
Liability Disclaimer: To the maximum extent
permitted by law, On The Box disclaims all liability for
any losses or damages that may arise 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 required to pay the applicable Listing
Fees.
Standard Fee Calculation: In the absence of a specific
written agreement with On The Box regarding Listing
Fees, the Listing Fees will be displayed on the On The
Box Platform at the time of the Lot listing.
Invoice Issuance Timing:
a) For Auctions
b) , Buy Now, and Request to Buy Listings, On The
Box may issue an invoice for the relevant Listing
Fees upon the initial publication of the Lot.
c) For Feature sales and Machinery Listings, an
invoice for Listing Fees from On The Box may be
issued when the Auction for the Listing has
closed.
Invoice Recipient: The invoice for Listing Fees will be
sent to the Selling Agent.
Payment Window: All invoices must be paid within 7
days from the date of the invoice.
Non-Refundability of Listing Fees: Listing Fees are
non-refundable, regardless of whether your Lot
remains unsold or if the sale is unsuccessful.
Buyer Rejection or Refund: In cases where a buyer
has a legitimate basis to reject the Lot or request a
refund under our User Agreement or applicable law,
Listing Fees will not be refunded.
5.2 GST
GST: Unless expressly stated otherwise, all Fees
payable to On The Box are exclusive of GST. GST will
be charged in addition to the specified Fees.
5.2 Late Payments and Interest
Payment Deadline: If a user fails to remit the overdue
amount within 5 Business Days following receipt of
our notification, On The Box reserves the right to
suspend their On The Box Account until the full
outstanding amount, including any accrued interest, is
paid.
Interest Charges: Interest may be charged on the
outstanding fees at the cash rate set by the Reserve
Bank of Australia per annum, compounded monthly.
Costs Responsibility: The user is responsible for
covering On The Boxes’ reasonable costs incurred in
the recovery and enforcement of the debt, which may
include legal fees.
6. Listing and Selling Lots On
The Box
6.1. General Requirements
Listing Conditions: By listing an item on the On The
Box Platform, you agree to comply with On The Box
regulations and this User Agreement.
Eligibility for Listing: Only Registered and Approved
Selling Agents may list Lots for sale on the On The Box
Platform.
Listing Process: When listing a Lot, the Agent must
specify a Start and Reserve Price. A Buy Now price
may also be set, which can be above, below, or equal
to the reserve price.
Providing Information: Provide all necessary details
and documents as instructed, including:
a) Lot Description: A comprehensive description
by the assessor.
b) Delivery Information: Details about delivery
and the designated delivery agent. All Lots
must have a nominated delivery agent.
c) Motor Vehicles: If selling a motor vehicle at
auction, provide a current inspection report as
required by law.
d) Terms and Conditions: Include Vendor and
Selling Agent Terms and Conditions, if
applicable.
6.2 Vendor Listing Requirements
Vendor Responsibilities: By listing stock with On The
Box, you confirm:
a) Legal Ownership and Clear Title: You own the
Lot, free of encumbrances, or will by the time
of the Contract of Sale.
b) Right to Sell: You have the right to sell,
deliver, and transfer ownership in accordance
with the User Agreement.
c) Accuracy of Information: Information
provided in the listing is accurate and
complete; the Selling Agent is responsible for
its content.
d) Information Sharing: All relevant information
and documents must be shared.
e) Review: Regularly check your Listing for
accuracy and notify On The Box and your
Agent of any discrepancies.
Livestock Conditions: Do not list or deliver livestock
that are lame, blind, or diseased without disclosure.
All livestock must comply with Land Transport
Standards and MLA Fit to Load Guidelines.
6.3 Agent and Vendor
Representation
Vendor Representation: It is presumed you represent
yourself as the Vendor unless:
a) Written Authorization: You have written
consent from the Vendor.
b) Clear Disclosure: You have disclosed
representation of the Vendor on the Platform.
6.4 On The Box’s Role
Legal Compliance: On The Box is not responsible for
ensuring legal compliance. Users must ensure
compliance with legal regulations in their Lot Listings
and associated activities.
Listing Approval: All Listings require approval from On
The Box. The Selling Agent or Vendor will be notified
of any Non-Publication.
Reasons for Non-Publication: On The Box may refuse
to publish a Listing if:
- It violates the User Agreement.
- There is a dispute over ownership.
- There is an assessment error.
- The assessment details are incomplete or incorrect.
- Fraud or misconduct is involved.
- Any issue could harm a Buyer.
Refund Policy: Refunds will be provided unless non-
publication is due to non-compliance with the User
Agreement. An opportunity to rectify issues will be
offered.
6.5 Assessment
Accurate Trait Entry: All assessment fields must be
accurately completed. Both Vendor and Assessor
must sign the Assessment, which can be done
digitally.
Listing Modification Requests: On The Box will make
reasonable efforts to accommodate modification
requests but is not liable for losses due to untimely or
insufficient requests.
6.6 Withdrawal of Lots
On The Box's Authority: On The Box may remove any
Lot if:
a. It violates the User Agreement.
b. There is an ownership dispute.
c. There is an assessment error.
d. Fraud or misconduct is involved.
e. Any issue may harm a Buyer.
Refund for Removal: If On The Box removes a Lot for
reasons not attributable to the Selling Agent or
Vendor, all Listing Fees will be refunded.
No Refund for Voluntary Withdrawal: If a Vendor or
Selling Agent withdraws a Lot voluntarily after
publication, no Listing Fees will be refunded, except if
termination is due to On The Box's breach.
6.7 Requirement to Sell to Highest
Bidder
If a valid bid meets or exceeds the reserve price, both
the Vendor and Selling Agent commit to selling the Lot
to the highest Bidder, including when the Buy Now
price is met.
6.8 Passed In Lots
Lot "Passed In": If the highest bid does not meet the
reserve price, the Lot is deemed "passed in."
Right of First Refusal: If a Lot is passed in:
a) the highest bidder will be given the right to
purchase the Lot at the reserve price within 60
minutes of notification by On The Box; and
b) if that bidder exercises that right the Lot is deemed
to be sold at Auction at that price.
No Exercise of Right of First Refusal: If a Lot remains
unsold at Auction and the highest bidder does not
elect to purchase the Lot at the Reserve Price within
60 minutes following the conclusion of the sale, the
Selling Agent may negotiate the sale of the Lot with
the highest bidder and underbidders at their sole
discretion.
On The Box Users consent to the disclosure of their
contact details to the Selling Agent solely for the
purposes of this clause. The Selling Agent must not
use such information for any other purpose without
obtaining the User’s explicit consent.
In the event that a sale is negotiated with an
unsuccessful bidder, the Selling Agent must update
their sale results on the Platform or provide On The
Box with written confirmation of the sale, including
details of the Lot, sale price, and any special
arrangements. Such a sale will be governed by the
Contract of Sale, provided that the agreement is
reached within 48 hours of the Lot being passed in.
Actions for "Passed In" Lot: On The Box may inform
the highest Bidder that the Lot has been "passed in"
and notify all bidders that the item did not meet the
reserve price.
Details for Post-sale Negotiations: Details of the
highest bidder and underbidders are available to the
Selling Agent throughout the auction. These details
will be shared with the selling Agent strictly for the
purpose of post-sale negotiations.
Final Sale Price Reporting: The Selling Agent must
report the final sale price to On The Box, regardless of
how it is determined.
7. Bids and Buy Now
7.1 Making a Bid or Buy Now
Bidding and Making Offers: When placing a bid or
using the Buy Now option, the intention is to purchase
the Lot at the bid or Buy Now price, in accordance
with the terms of the Contract of Sale.
Pre-Bidding Considerations: Before bidding, you
must:
a) Review Listing Details: Thoroughly read all
Listing details and associated images.
b) Understand the Contract of Sale: Ensure
comprehension of the Contract of Sale and
your obligations under it.
c) Legal Capacity for Delivery: Confirm your
legal ability to take delivery of the Lot.
d) Physical Inspection: Where possible, inspect
the Lot in person prior to bidding or making
an offer.
e) Contact Selling Agent: If you have questions
regarding the Contract of Sale, contact the
Selling Agent before placing a bid.
f) Note Sale Type: Be aware whether the sale is
a standard sale or a paddock sale. For
paddock sales, registered bidders must
contact the Selling Agent before bidding to
confirm their mutual understanding and
agreement to the Terms of Sale specified in
the assessment.
Bid Increment Requirement: Bids must increase by
the predefined increments set on the On The Box
Platform, as determined by the Selling Agent.
Max Bid Disclaimer
The use of the Max Bid feature does not guarantee
that you will be the highest successful Bidder, even if
the Lot sells at a price equal to your Max Bid.
Listing Specification: Ensure that bids or offers are
submitted in the format and unit type specified in the
Listing, such as price per head or cents/dollars per
kilogram.
Payment for Highest Bidder in Auction: If you are the
highest Bidder and your bid meets or exceeds the
reserve price, payment of the Purchase Price and any
applicable fees must be made in accordance with the
Contract of Sale.
7.2 Collusive Practices
Collusion Warning: Engaging in collusive activities or
encouraging others to do so may violate the Property
and Stock Agents Act 2002.
Collusive Activities: Such activities include:
a) Refraining from Bidding: Avoiding
participation in bidding.
b) Hindering Fair Competition: Taking actions
that obstruct fair and open competition.
Penalties: Individuals found guilty of collusive
practices may face substantial penalties.
7.3 Bids by Agents or Vendors on
Their Own Lots
Bidding by Agents or Vendors: When Agents or
Vendors submit a bid or offer for a Lot, it is presumed
they are acting on their own behalf, thus becoming
the Buyer under the Contract of Sale.
Exception with Written Authorization: This
presumption may be rebutted 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.
Authorization Requirement: In such cases, a copy of
the written authorization must be provided to On The
Box.
7.3 Withdrawing Lots
Bid Withdrawal: Once a bid is recorded on the On The
Box Platform, it generally cannot be withdrawn.
Exceptions for Bid Withdrawal: Specific situations
allowed under this User Agreement permit bid
withdrawal, subject to the following conditions:
● Selling Agent's Approval: The Selling Agent
must approve the withdrawal of the bid and
the resetting of the Lot.
Bidder's Responsibility: If the Lot is not reset as
agreed, the Bidder remains responsible for their bid.
7.4 Bidding Disputes
Resolution of Bidding Disputes: In the event of a
dispute concerning the bidding process in an Auction,
the final and binding decision lies with the Selling
Agent.
Record from On The Box: Upon request, On The Box
will provide the Selling Agent with a record from the
Platform logging the relevant bids, including details of
the Buyer, timing, and associated information.
Auctioneer's Guidance: The Selling Agent, acting as
the auctioneer, should adhere to this record unless
proven inaccurate.
7.5 Buyer Default
Buyer's Options for Withdrawal: Should a Buyer wish
to withdraw from a Sale Contract, the Selling Agent
may:
a) Enforce the Sale Contract: Opt to enforce the
Sale Contract against the Buyer.
b) Resell the Lot: Attempt to resell the Lot. In such
instances:
Buyer's Expense: The Buyer is liable for any expenses
incurred by the Vendor during the resale process,
including any applicable listing fees for relisting the
Lot On The Box. The Buyer must pay the Vendor the
difference between their bid price and the Purchase
Price obtained from the resale.
Failure to Resell: If the Lot is not 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 pay the Vendor
the Purchase Price and must fulfil the terms of the
Sale Contract.
8. Agents And Assessors
8.1 Agent Responsibilities
In addition to the standard responsibilities outlined in
this User Agreement, the following key points must be
observed:
a) Ensure compliance with all required licences,
permissions, and approvals mandated by the law.
b) 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.
c) Disclose any financial interest, other than direct
commission from the represented Vendor, in a lot
listed on the Platform.
d) Communicate any potential Conflict of Interest to
the Vendor prior to agreeing to list a Lot, including
this disclosure in the Listing.
e) Take personal responsibility for prohibited actions
on the Platform, regardless of direction by a
Vendor or Buyer.
f) Engage Assessors and Delivery Agents as
necessary and manage payment for their services.
Every Agent guarantees that:
a) 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.
b) 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.
8.2 Assessor Responsibilities
Licensing and Permissions: Ensure compliance with all
requisite licences and permissions as mandated by the
law.
Conflict of Interest: Disclose any financial interest in
an animal being assessed or any other conflicts of
interest during the assessment.
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 Assessment 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 Requirements
Insurance Understanding: Agents and Assessors must
comprehend the insurance requirements outlined in
this User Agreement and maintain this understanding
for a period of six years thereafter.
Professional Indemnity Insurance Agents and
Assessors are required to maintain professional
indemnity insurance with a minimum coverage of $5
million per annum. This insurance must cover legal
liabilities arising from errors or negligence in the
performance of professional duties.
If On The Box indicates that professional indemnity
insurance is not necessary, Agents and Assessors must
instead maintain public liability insurance with a
minimum coverage of $5 million per annum.
Compliance with Legal Requirements: Agents and
Assessors must procure any other insurances that are
legally mandated or typically held by a qualified
Assessor or Agent.
Submission of Proof: It is the responsibility of Agents
and Assessors to provide On The Box with copies of
proof of the insurance policies specified in this clause
within 14 days of a request from On The Box. This
proof must be obtained from their insurance broker
and supported by the insurer.
9. Additional Livestock
Responsibilities
9.1 Animal Welfare
Responsibilities for Animals in Your Care: When
entrusted with animals, it is essential to prioritise
their welfare by:
a) Adherence to Welfare Standards: Ensure all
animals are treated and handled in
accordance with the Australian Animal
Welfare Standards and Guidelines. The
current version of these standards is available
at www.animalwelfarestandards.net.au.
b) Compliance with Regulations: Comply with all
relevant laws and regulations regarding the
treatment, handling, movement, and
processing of animals. This includes the
mandatory reporting of any exhibited
illnesses.
9.2 NLIS & Tagging of Livestock
Compliance with Livestock Traceability: All system
users must adhere to regulations concerning livestock
traceability, particularly during relocation.
Responsibilities of Livestock Buyers: As a purchaser
of livestock, you are responsible for ensuring the
accurate transfer of livestock onto your Property
Identification Code (PIC) in the National Livestock
Identification System (NLIS) databases. If the seller or
their authorised representative assumes this
responsibility and confirms their commitment to
complete the transfer post-sale, they will manage this
process on your behalf.
Tagging: All Lots comprising livestock must be tagged
in accordance with legal requirements. It is the
responsibility of the Selling Agent to ensure that all
stock listed are compliant to state and national
regulations.
10. Formation of Contract of
Sale
10.1 When is the Contract of Sale
Formed
A contract of sale is established under the following
circumstances:
a) Auction Sale or Paddock Sale: In the case of
an auction, a contract is formed when the Lot
is successfully sold during the auction.
b) Buy Now Purchase: For a Lot acquired via the
Buy Now functionality, a contract is formed
upon the successful completion of the online
"Buy Now" process on the On The Box
Platform.
c) Display Price Listing Agreement: For Display
Price Listings, a contract is formed when the
Selling Agent and Buyer mutually agree on the
sale of the Lot outside the On The Box
Platform.
10.2 Contract of Sale
The contract of sale consists of the following
components:
a) Legal Compliance Terms;
b) Schedule 1: Standard Terms of Sale;
c) Vendor Terms and Conditions, as specified in
the Listing; and
d) 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 shall take
precedence to the extent necessary to resolve the
conflict.
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 property of
On The Box and its licensors, protected by intellectual
property laws.
Limited Use: You may only use or copy this content in
accordance with the provisions of this User
Agreement or with express written consent from On
The Box.
User Licence: Access and Use: On The Box grants you
a personal, non-transferable, and non-exclusive
licence to access and use the content on the On The
Box Platform in accordance with the terms specified in
this User Agreement.
Restrictions: In addition to other provisions of this
User Agreement, you are prohibited from:
a) Copying, adapting, or reproducing content, except
as necessary to access and use the On The Box
Platform.
b) Storing, modifying, or reverse engineering any
part of the On The Box Platform.
c) Distributing, printing, uploading, displaying, or
performing content from the On The Box
Platform.
d) Removing credits or attributions from content.
e) Publishing content on another website.
f) Creating derivative works from the On The Box
Platform.
g) Commercialising information or content without
prior written consent from On The Box.
11.2 Confidentiality and Privacy
Confidentiality: You acknowledge that information
related to the operation of the On The Box Platform
and its associated intellectual property rights is
confidential, excluding information that is publicly
available (hereinafter referred to as "On The Box
Confidential Information").
Use of Confidential Information: You agree to keep
this information confidential and to use it solely as
necessary to operate the On The Box Platform in
accordance with the terms of this User Agreement.
Collection and Use of Personal Information: On The
Box will collect and use your personal information as
outlined in its privacy policy, which is available on the
website.
Disclosure to Government Agencies: You authorise
On The Box to disclose your information, including
personal data, to government agencies upon request.
Disclosure in Cases of Suspected Unlawful Activities:
On The Box may also disclose such information to law
enforcement or government agencies in cases of
suspected unlawful activities or misconduct related to
your use of the On The Box Platform, including
instances of fraud or violations of animal welfare laws.
12. Disclaimers
12.1 General Disclaimers
Platform Reliability: The Platform may occasionally
encounter minor functionality issues and may be
temporarily unavailable for scheduled or emergency
maintenance. While On The Box strives to minimise
interruptions, such occurrences may happen.
No Assurances: No Guarantees or Endorsements: On
The Box does not provide any guarantees or
endorsements regarding:
a) The presence, quality, condition, safety, or
legality of any Listings or Lots advertised.
b) The accuracy, completeness, or truthfulness
of information submitted by any party other
than On The Box (including Vendors, Buyers,
Assessors, and Agents).
c) 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 guarantee
the integrity or creditworthiness of users (including
Vendors, Agents, Assessors, Bidders, or Buyers) and
does not conduct credit assessments of potential
Buyers.
Exclusion of Warranties: Both you and On The Box
exclude all implied or statutory conditions,
representations, warranties, and guarantees, subject
to clause 13.2.
User Feedback: On The Box does not endorse or
validate user viewpoints, suggestions, or guidance
provided through the feedback mechanism on the On
The Box Platform and disclaims any liability associated
with such reviews or user feedback.
13. Liability and Indemnity
13.1 General Liability
(a) User Responsibilities
I. Responsibility for Third Parties: Any actions
or omissions by an Agent, Assessor, or any
other third party that you engage or
communicate with in relation to the Platform,
including any obligations 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 such as bids or
offers not being processed due to technical
issues, legitimate security measures, or
actions related to legal obligations or court
orders are covered, provided such issues do
not result from On The Box’s unlawful
conduct.
II. Exclusion of Liability: Subject to clause 4,
you exclude any and all liability of On The Box
for Consequential Loss, regardless of the
manner in which such loss arises, including
negligence.
(c) Liability Cap
I. Maximum Liability: On The Box’s liability for any
loss or damage incurred by you while using the On
The Box Platform or in relation to this User
Agreement, regardless of how it arises, is capped
at the higher of the following:
o The cost of re-providing the service or
the equivalent service.
o The Fees paid to On The Box during
the 12 months preceding the incident
or connected series of incidents that
gave rise to the Claim.
(d) Exceptions to Clauses 13.1 (a), (b), and (c)
I. Consumer Guarantee and Payment Obligations:
Clauses 13.1 (a), (b), and (c) do not apply to:
● Our liability for losses arising from our failure
to comply with any consumer guarantees as
outlined in the Australian Consumer Law.
● Your obligations to us for unpaid Fees, explicit
payment obligations, costs, expenses, or any
other sums under an indemnity.
● To the extent that they would result in a
violation of Law or render the relevant clause
void or unenforceable.
II. Proportional Accountability: A party's liability to
the other party in connection with this User
Agreement shall be reduced proportionally if the
other party or any of its personnel contributed to the
loss.
13.2 Liability Under Australian
Consumer Law
Liability Under Australian Consumer Law: This User
Agreement does not seek to exclude any consumer
guarantees provided by On The Box under the
Australian Consumer Law or any other relevant
legislation that cannot be excluded, limited, or
modified 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 limited to,
at our election:
● For services: re-providing the services or
covering the cost of having them re-provided.
● 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 does not apply to instances
involving breaches of consumer guarantees
relating to clear title, undisclosed securities,
and undisturbed possession as outlined in
sections 51 to 53 of the Australian Consumer
Law, or if the goods or services are ordinarily
used for personal, domestic, or household
purposes.
13.2 Indemnities
User's Commitment to Protect and Indemnify:
Subject to Clause 4, you agree to protect, indemnify,
and hold harmless On The Box from any Claims made
against On The Box by any third party, as well as from
On The Box's liabilities to that party and the
associated costs and expenses. Such Claims must arise
from:
● Your breach of this User Agreement or any
Contract of Sale.
● Your actions or omissions in relation to this
User Agreement or any Contract of Sale,
including your involvement with any Lot you
may offer, bids, or any disputes related to a
Contract of Sale.
This indemnity does not apply in circumstances where
the Claim or liability arises due to On The Box’s fraud,
intentional misconduct, negligence, or breach of this
User Agreement.
13.3 Non-Excludable Rights
Consumer Protections and Non-Excludable Rights:
The sale contract does not seek to exclude any
consumer protections provided by the Australian
Consumer Law or any other applicable laws that
cannot be excluded, limited, or modified by
agreement between the parties, referred to as "Non-
Excludable Rights."
Vendor's Responsibility under Consumer Law:
● If a consumer protection guarantee under the
Australian Consumer Law applies to the Lot,
and the Vendor fails to meet that guarantee,
the Vendor's liability, as permitted by law, is
limited to either providing a replacement for
the Lot or supplying an equivalent Lot, as
determined by the Vendor.
● This limitation does not apply in cases
involving breaches of consumer guarantees
relating to clear title, undisclosed securities,
and uninterrupted possession, as outlined in
sections 51 to 53 of the Australian Consumer
Law, or if the Lot is typically acquired for
personal, domestic, household, or similar
purposes.
13.4 No Liability for Lots Within
Tolerance
The Buyer acknowledges the potential for variances
between the description outlined in the Lot Listing
and the actual Lot. However, should such
discrepancies fall within the Acceptable Variance, the
Buyer shall be 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 shall become legally effective
when you first utilise, access, or register for the On
The Box Platform and shall remain in effect until
terminated in accordance 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 such data violates this User
Agreement or poses a risk, 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 circumstances:
a) If On The Box is unable to verify your identity
or the required information for platform use.
b) To prevent or address fraud, viruses, security
breaches, illegal activities, or any misuse of
the Platform.
c) 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 may be necessary to
protect other users or On The Box.
d) To comply with legal obligations or requests
from law enforcement or government
agencies. In such instances, if the issue is not
caused by your actions, On The Box will
refund your fee for any outstanding Listings or
services.
e) On The Box shall promptly notify you of any
such suspensions. If On The Box suspends a
Listing or service due to circumstances
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.
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
fee-based services, for the following reasons:
a) Inability to verify your identity or provide
necessary information within 7 days of our
request.
b) Failure to rectify a breach of this User
Agreement within 7 days of receiving notice
from us.
c) Repeated or persistent breaches of this User
Agreement.
d) Suspected or confirmed violations, including
breaches of legal obligations, fraudulent
activities, Prohibited Conduct, or violations of
the On The Box Code of Conduct.
e) Compliance with applicable laws or requests
from government agencies, with refunds for
services not yet performed unless caused by
your actions.
f) Occurrence of an Insolvency Event.
Account Termination by You: You may terminate your
On The Box Account, along with any services provided
to you, including Listings or other fee-based services,
in the following circumstances:
a) If we breach this User Agreement and do not
rectify the breach within 7 days of your notice
requesting us to do so.
b) If we repeatedly or consistently breach this
User Agreement.
c) 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 shall occur
in addition to any other rights On The Box
may have:
o Your access to the On The Box
Platform will be immediately
restricted to the non-registration
portions.
o Your On The Box Account may be
deactivated promptly.
o On The Box may retain records
associated with your On The Box
Account as required by applicable
legal and accounting regulations.
Listing and Service Fees: 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 prior to 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.
15. Dispute Resolution
15.1. Dispute Resolution Process
Notification of Dispute: In the event of a
disagreement between parties involved in a Contract
of Sale (including, but not limited to, the selling agent,
purchasing agent, and vendors), and where the
parties are unable to achieve an independent
resolution within 7 days of the disagreement arising,
the dispute shall be referred to On The Box for
resolution.
Engagement of Independent Agents: On The Box shall
engage three parties who are independent to, and
separate from the transaction. These parties will
include:
● An agent independent from the selling area.
● An agent independent from the buying area.
● An independent buyer who is not involved in
the transaction.
For the purposes of this clause, "independent agent"
shall mean an individual who has no connection to the
transaction or the agency representing either party,
although they may be affiliated with a different
agency.
15.2 Resolution Proposal
The three appointed independent agents shall review
the dispute and propose a resolution within 14 days of
their engagement. The resolution shall be determined
by a majority vote of the engaged agents.
15.4 Confidentiality and Conflict of
Interest
The identities of the selling agent, purchasing agent,
and vendors involved in the transaction shall remain
confidential to the independent agents engaged in the
resolution process, to minimise the potential for
conflicts of interest. If a conflict of interest arises
before a decision is made, On The Box must be
notified promptly. Either the selling agent or the
purchasing agent may raise concerns regarding
potential conflicts of interest with On The Box prior to
the appointment of the Resolution Panel, to mitigate
any risk of bias or improper influence. In such
circumstances, On The Box will appoint an alternative
agent or resolution panel, and the 14-day resolution
period shall recommence from the date of
reappointment.
15.5 Extension of Resolution Period
If the panel does not reach a resolution within the
initial 14 days, a request for an additional 7 days to
finalise their decision can be made with On The Box.
Should no resolution be achieved within the extended
period, the CEO of On The Box shall act as the final
arbitrator and render a binding decision.
15.6 Challenge to Panel Decision
Notification of Disagreement: Should the Selling
Agent or Purchasing Agent dispute the panel's
decision or consider the outcome inequitable or not
conducive to a fair resolution, they must provide
written notice to On The Box within 48 hours of
receiving notification of the panel's determination.
Review of Dispute: Upon receipt of such notification,
On The Box shall review the grounds for disagreement
and may, at its discretion, take necessary actions to
address the concerns raised, which may include
appointing a new panel or making a final
determination.
15.7 General Provisions
Binding Nature: The decision made by the CEO of On
The Box following the failure of the panel to reach a
resolution, or any final decision made after the review
of a challenge, shall be final and binding on all parties
involved.
Costs: The costs incurred in the dispute resolution
process, including but not limited to the engagement
of independent agents, shall be borne equally by the
parties to the dispute unless otherwise determined by
On The Box. The fee for engaging the Resolution Panel
is set at $2,000 (excluding GST). The full amount is to
be paid prior to the convening of the Resolution Panel
meeting. Any additional expenses arising from the
dispute resolution process shall be allocated as
directed by On The Box.
Compliance
The parties acknowledge and agree to fully comply
with the terms and conditions of this dispute
resolution process and to cooperate in good faith with
On The Box and the appointed Resolution Panel
throughout the course of the resolution.
For any further queries regarding the dispute
resolution procedure, parties are advised to contact
On The Box directly.
16. General Terms
16.1 Force Majeure
Neither party shall be deemed to be in breach of this
User Agreement if it is unable to perform its
obligations (excluding the payment of Fees) due to
circumstances beyond its reasonable control. This
provision does not exempt you from any obligations
under a sales contract or to other users of the On The
Box Platform.
16.2 Notices
On The Box reserves the right to provide notices to
you via any means available, including electronic
methods such as email, SMS, or notifications 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 the
necessity of seeking the approval of any other
Indemnified Party.
16.4 Enduring Clauses
Any term that, by its nature, is intended to survive the
termination of this User Agreement, including but not
limited to clauses 3, 4, 5.3, 11.1, 11.2, 12, 13, 14.4, 15,
and 16, shall survive such termination.
16.5 Jurisdiction
This User Agreement shall be governed by the laws of
New South Wales, Australia. The parties agree to
submit to the non-exclusive jurisdiction of the courts
of New South Wales, Australia.
16.6 Severability
In the event that any provision of this User Agreement
is found to conflict with applicable law, it shall be read
down and amended to ensure compliance. If any
provision of this User Agreement is deemed invalid or
unenforceable by a court, such determination shall
not affect the validity or enforceability of any other
provision or part thereof.
16.7 Waiver
Any delay or failure to exercise rights arising from a
breach by the other party shall not be construed as a
waiver of those rights.
16.8 Assignment
Transferring Debts and Rights
a) If you have outstanding financial obligations
to On The Box under this User Agreement, we
reserve the right to assign that debt to
another party and will provide you with notice
of such assignment.
b) On The Box also retains the right to transfer
its rights and obligations under this
Agreement to a related company or to a
purchaser of its assets or business segment,
with notification to you.
c) Upon transfer, these rights and obligations
shall continue to bind our representatives,
successors, and assigns.
d) You may not assign your rights under this
Agreement to any other party (other than
rights in a sales contract) without obtaining
prior written consent from On The Box.
17. Definitions and
Interpretation Clauses
Acceptable Variance: Refers to the permitted
variation in quantity, weight, or other characteristics
as delineated in accordance with the tolerances
specified in Schedules 1 and 2.
Agent: Refers to either a Purchaser’s Agent or a
Vendor’s Agent, each of whom must be licensed in the
relevant State or Territory to buy and sell Livestock
and/or Machinery and recognised as an Agent by On
The Box.
Assessed Lot: Refers to a Lot pertaining to Livestock
that is denoted as assessed, with its Listing including
an Assessment.
Assessment: Refers to a compilation of data regarding
a Lot for Livestock prepared by a qualified Assessor
after a physical inspection of the Lot and presented as
an 'Assessment'.
Assessor: Refers to a Livestock assessor registered
and authorised by On The Box to prepare Assessments
for Lots listed or proposed to be listed for sale on the
On The Box Platform.
Auction: Refers to the sale of one or more items via
On The Box in which a Lot is sold to the highest Bidder
provided the bid meets or exceeds the Vendor’s
reserve price.
Australian Consumer Law: Refers to Schedule 2 of the
Competition and Consumer Act 2010 (Cth) and
corresponding provisions of relevant fair-trading
legislation.
Bidder: Refers to any user registered as a Buyer who
places a bid on a Lot.
Buy Now: Refers to a category of Listing wherein
Buyers are afforded the option to purchase a Lot
immediately at a set price determined by the Selling
Agent.
Buyer: Refers to any user registered and approved by
On The Box to acquire Livestock, Machinery, and
other commodities via the Platform.
Certified: In relation to scales, weighbridge scales, or
abattoir scales, means that such scales are approved
or authorised by the competent authority in the State
or Territory where the scales are located.
Claim: Refers to any claim, notice, demand,
investigation, action, proceeding, litigation, or
judgment arising in any manner, whether present,
unascertained, immediate, future, or contingent, and
whether based in contract, tort (including negligence),
or statute, involving either a party to this User
Agreement or a third party.
Collusion: Refers to any 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.
Conflict of Interest: Refers to any actual, reasonably
anticipated, or perceived conflict of interest, whether
personal, financial, professional, or otherwise. This
includes circumstances where you are an Assessor,
Selling Agent, or Delivery Agent in respect of a Lot,
such as:
(a) owning the Lot or having a direct or indirect
financial interest in the Lot; or
(b) having a family member, partner, or other relation
who owns the Lot or is financially dependent on you.
Consequential Loss: Refers to:
(a) loss or corruption of data, loss of opportunity, loss
of revenue, loss of profits, loss of contracts, loss of
business, loss of production, and loss of goodwill; and
(b) any punitive, exemplary, indirect, or consequential
loss.
Content: Refers to 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: Refers to the contract between the
Vendor or Vendor’s Agent, acting as Agent for the
Vendor, and the Purchaser for the sale and purchase
of the Vendor’s Lot, as further described in clause
10.2.
Defect: Refers to: (a) in respect of an Assessed Lot, a
failure of the Lot to conform to the Assessment with
reference to: (i) any traits specified in Table 1 or other
issues listed in Tables 2 or 3 in Part B of Schedule 3,
where such failure falls outside 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
any issues specified in (a)(i) above; and (b) in respect
of a Described Lot, a failure of a Described Lot to
conform to the Listing with reference to
characteristics specified in the table at section 3.1 of
Schedule 2, where such failure falls outside the
permitted tolerances specified therein.
Delivery Adjustment: Refers to an adjustment in
liveweight applied to account for any differences in
time off feed when assessing livestock, and upon
delivery. A Delivery Adjustment is predominantly
negative, accounting for a decrease in liveweight due
to loss of gut fill.
Delivery Agent: Refers to a person recognised by On
The Box as a ‘Delivery Agent’ and nominated by the
Selling Agent as the point of contact for the Buyer
concerning the purchase of the Lot, invoicing, and
delivery.
Delivery: Refers to the delivery of the Lot by any
methods specified in the Contract of Sale, with
'Deliver' having a corresponding meaning.
Fees: Refers to all fees payable to On The Box,
including Listing Fees and other expenses incurred or
related to these Terms and Conditions.
Force Majeure Event: Refers to any event or
circumstance beyond the reasonable control of the
affected party, including acts of God, war, strikes, or
acts of terrorism, but excluding: (a) livestock market
conditions; or (b) adverse seasonal conditions not
physically preventing delivery, mechanical failures, or
delays in shipping.
Full Assessment: Refers to an Assessment for
Livestock conducted by an Accredited Assessor,
involving a comprehensive evaluation and required
for any stock carrying a pregnancy status (PTIC, SIL,
SM, NSM) or Livestock Listings with progeny (calves,
lambs, kids at foot).
Government Agency: Refers to any governmental,
administrative, monetary, fiscal, or judicial body,
department, commission, authority, tribunal, agency,
or entity worldwide, including any self-regulatory
organisation established under statute or any stock
exchange.
GST: Refers to Goods and Services Tax and includes
any subsequent or replacement similar tax.
Insolvency Event: In relation to a party, refers to any
of the following:
(a) entering into a scheme of arrangement with
creditors.
(b) being wound up or dissolved, or having an
administrator, liquidator, or receiver appointed;
(c) being placed under official management,
committing an act of bankruptcy, or being charged
with a criminal offence; or (d) being otherwise
bankrupt or insolvent or unable to pay debts as they
fall due.
Intellectual Property Rights: Refers to all intellectual
and industrial property rights and interests globally,
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, but excluding moral rights.
Laws: Refers to:
(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
relation to 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: Refers to:
(a) any term or condition prescribed by Law, including
those mandated by Law related to auctions; and
(b) provisions of the Vendor Terms and Conditions or
Selling Agent Terms and Conditions required for
compliance with Law, including any terms or
conditions mandated by Law related to auctions.
Light Assessment: Refers to an Assessment for
Livestock carried out by an Accredited Assessor,
characterised by a minimal number of fields for
assessment.
Listing Fee: Refers to the fee payable to On The Box
for listing a Lot for sale on the Platform, as specified in
clause 5.1.
Listing: Refers to a listing of a Lot (or Lots) featured
for sale on the On The Box Platform.
Livestock: Refers to cattle, sheep, goats, or any other
animals listed for sale on the On The Box Platform.
Lot: Refers to 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: Refers to farm equipment, machinery,
trucks, tractors, vehicles, furniture, tools, parts, and
accessories for any of the foregoing, and any other
goods categorised as 'Machinery' listed for sale on the
On The Box Platform.
Max Bid: Refers to the functionality of the On The Box
Platform that allows a user to set a maximum bid
price on any Lot listed on the Platform, with the Max
Bid being automatically placed on behalf of the user
during the Auction.
National Vendor Declarations: Refers to the form
prescribed by the Department of Primary Industries
detailing the exact specifications and number of
Livestock delivered by a Vendor to a Purchaser.
NLIS: Refers to the National Livestock Identification
System.
Paddock Sale: Refers to a sale of livestock inspected
and assessed on the Vendor’s property by an
approved Selling Agent without the necessity of being
assessed in yards. This sale type operates under
distinct weight tolerances specific to that sale type.
18. Standard Sale Terms
18.1 Transport Obligations
Vendor Responsibilities:
● The Vendor shall be responsible for preparing
the Lot for Delivery, ensuring the tagging of
Livestock, and complying with relevant Land
Transport Standards and MLA Fit to Load
Guidelines.
● The Lot shall be made available for collection
at the specified pick-up location and at the
date and time indicated in the Listing, or
immediately following the sale if no date is
specified.
Buyer Responsibilities:
● The Buyer shall arrange for a service provider
of their choice to collect and transport the
Lots from the Vendor's property within the
timeframe specified in the Listing, or within
seven (7) days of purchase if no timeframe is
specified.
● All transportation costs shall be borne by the
Buyer.
● The Buyer must accept and pay for all Lots
purchased from the Vendor in accordance
with the Contract of Sale. Delivery shall be
deemed complete when the Buyer collects
the Lot from the Vendor.
18.2 Inspection and Acceptance of
Lots
● The Buyer or their Purchasing Agent shall
conduct a visual inspection of the Lot and
report any Defects to the Selling Agent and On
The Box within forty-eight (48) hours of
receiving the purchased Lot.
● If the Buyer fails to report a Defect in writing
to the Selling Agent and On The Box within
forty-eight (48) hours of receiving the Lot (or
within a longer specified period in Schedule
3), the Lot shall be considered Delivered in
accordance with the Quality/Compliance with
Description Warranty and accepted by the
Buyer.
● In the event that the Buyer reports a Defect to
the Selling Agent and On The Box, they must:
o Maintain the Lot's condition and
value, including proper care of
Livestock.
o Adhere to any instructions provided
by the Selling Agent or On The Box
regarding the management of the Lot.
● Any dispute concerning a Defect in Assessed
Lots shall be resolved in accordance with the
dispute resolution process outlined in
Schedule 2, as agreed by the Buyer, Selling
Agent, and Vendor.
18.3 Title and Risk
Title:
● Ownership of a Lot shall transfer to the Buyer
upon payment of the Purchase Price.
● Should the Buyer take possession of the Lot
without having made payment (excluding
Slaughter Stock), they shall not use or dispose
of the Lot in a manner that contravenes the
Vendor's ownership rights.
● If the Purchase Price is not paid by the due
date, the Vendor and its representatives shall
have the right to reclaim the Lot.
Risk:
● For Livestock sold by weight, ownership shall
transfer when the Livestock are weighed at
the abattoir or scales mutually agreed upon
by both the Selling Agent and the Purchaser.
● In all other instances, ownership shall transfer
when the Buyer takes physical possession of
the Lot.
● For Livestock, the transfer of control and
associated risk shall occur when each animal
is loaded onto the truck of the Buyer’s freight
service provider.
19. Ticks
19.1 Tick Areas
Listing Requirements: The Selling Agent and Vendor
must clearly specify in the Listing whether the
Livestock are "clear of the dip" or "not clear of the
dip."
Responsibilities for Tick Area Livestock: Unless
otherwise stated in the Assessment or Vendor Terms
and Conditions, the Vendor shall be responsible for
arranging and financing the dipping and inspection
required to move Livestock out of the Tick Area.
Transfer of Risk: Risk shall transfer to the Buyer when
the Lot is cleared of the dip or when the Buyer takes
physical control of the Lot, whichever event occurs
later.
Not Clear of the Dip Conditions: In instances where
Lots are marked as "not clear of the dip," the
following conditions apply:
● Delivery Location: The Selling Agent and
Vendor must designate a Delivery location
within the Tick Area.
Risk Transfer: Risk shall transfer to the Buyer when
they assume control of the Lot.
Transfer Costs: Should the Buyer intend to move the
Lot out of the Tick Area, they shall be responsible for
all lawful transfer costs.
Vendor Indemnification: The Vendor shall indemnify
the Buyer against any losses, fines, liabilities, costs, or
expenses arising from the transportation of Livestock
from the designated Delivery location in the event
that the Buyer breaches quarantine or movement
laws, unless such restrictions were not disclosed by
the Vendor in the Listing.
Compliance Requirements: The Vendor must comply
with all identification and declaration requirements,
including those pertaining to hormonal growth, in
accordance with the laws of the State or Territory
from which the Livestock is sold.
20. Purchase Price and
Payment
20.1 Purchase Price
Payment Responsibilities:
● The Buyer shall be obligated to pay the
Purchase Price, including any specified
premiums and taxes, in accordance with the
payment terms set forth in the Listing.
● In the absence of specified payment terms in
the Listing, the Buyer must remit the full
Purchase Price to the Selling Agent prior to
Delivery.
Tax Inclusions: Unless otherwise indicated, the
Purchase Price shall encompass all federal, state, and
territory taxes and duties (excluding GST), thereby
excluding GST.
Vendor's Levy Responsibility: The Vendor shall be
responsible for the payment of any applicable
transaction levy pertaining to cattle, sheep, or goats.
21. Warranties
21.1 Mutual Warranties
Each party represents and warrants to the other party
that:
● It is not subject to any Insolvency Event.
● It possesses the requisite power and authority
to execute, deliver, and perform its
obligations under the Contract of Sale.
● All necessary corporate and other actions
have been duly taken to authorise the
execution, delivery, and performance of the
Contract of Sale.
21.2 Vendor Warranties
The Vendor warrants and represents as follows:
● The Vendor lawfully and fully owns the Lot,
free from any mortgages, charges, liens,
encumbrances, or adverse interests at the
time of delivery.
● The Vendor has the right and capacity to sell,
transfer, and deliver the Lot with clear and
unencumbered legal ownership, in
accordance with the Contract of Sale.
● The Lot complies with the following:
o The details provided in the Listing or
any acceptable variations thereof.
o In the case of Assessed Lots, the
Assessment, acknowledging that the
delivered Lot may exhibit minor
variations in quantity, weight, or
other characteristics within the
tolerances specified in Part B or
Schedule 3.
o 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
extend beyond those set forth in
Clause 7.1 and these Standard Terms
of Sale. Such additional warranties
pertain to quality, compliance with
descriptions, suitability for particular
purposes, and adherence to
applicable laws or standards
concerning the Lot, excluding any
provisions relating to the acceptance
period or remedies associated with
such warranties.
21.3 Buyer Warranties and
Acknowledgement
Buyer’s Assurances
● The Buyer warrants and represents to the
Vendor and Selling Agent as follows:
o The Buyer acknowledges that
graphics, photographs, or videos
pertaining to Assessed Lots are for
illustrative purposes only and do not
form part of the Assessment unless
expressly stated otherwise.
o The Buyer guarantees that they have
thoroughly understood all legal and
operational requirements regarding
the purchase, handling, and
transportation of the Lot, and have
assessed the Lot's suitability for its
intended use.
22. Force Majeure
Force Majeure Events and Delivery
● In the event that a Force Majeure Event
impedes the Seller's ability to deliver the Lot
on time, the Buyer shall have the option to
either extend the delivery date or cancel the
sale. Should the Buyer have made a prior
payment, the Seller shall be obligated to
provide a full refund.
● In circumstances where a Force Majeure
Event affects the Buyer's ability to accept
delivery, the Seller may elect to extend the
delivery date or cancel the sale, refunding the
Purchase Price accordingly.
● Should either party be unable to fulfil their
obligations due to a Force Majeure Event,
they must provide evidence of such event to
the other party.
● If the Buyer requests an extension of the
delivery date, they shall not be entitled to
raise a Dispute Notice under Schedule 3
regarding factors subject to change over time,
such as weight, fat score, and dentition,
except in specific situations delineated in
Section 2.
● However, if the Selling Agent and Buyer
mutually agree in writing to a delivery date
outside the stipulated window in the Listing,
and the Selling Agent provides written
confirmation that the Assessment shall
remain applicable notwithstanding the revised
delivery date, the Buyer may initiate a Dispute
Notice under Schedule 3 for factors subject to
change over time (e.g., weight, fat score, and
dentition).
23. GST
23.1 GST Definitions
In this section, terms defined in the A New Tax System
(Goods and Services Tax) Act 1999 (GST Act) shall bear
the same meaning ascribed to them in that Act.
Exclusion of GST: Unless expressly stated otherwise,
any amount specified in this agreement as payment
for a taxable supply excludes any Goods and Services
Tax (GST) payable in respect of that supply.
Responsibility for GST Payment: If a party to this
agreement (the Supplier) makes a taxable supply, the
other party receiving the taxable supply (the
Recipient) shall, in addition to the agreed payment,
pay the GST amount applicable to that supply when
the payment becomes due.
Tax Invoice Requirement: The Recipient shall not be
required to pay the GST amount until the Selling
Agent issues a valid tax invoice for the taxable supply.
Adjustment Events: In the event of an adjustment
event related to a taxable supply within this
agreement, the payment specified in this section shall
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
expenses or liabilities incurred by the other party to
that third party for the taxable supply, the payer must
remit the total amount of such expenses or liabilities,
inclusive of any GST payable thereon. This amount
shall be reduced by any input tax credit to which the
other party is entitled for those expenses or liabilities.
Continuation of Section: This section shall remain in
effect and shall not cease to apply upon completion,
continuing even after the expiration or termination of
this agreement.
24. General
24.1 Jurisdiction
This Contract of Sale shall be governed by the laws of
New South Wales. Subject to section 15, the parties
hereby submit to the non-exclusive jurisdiction of the
courts of New South Wales, Australia.
24.2 Severability
In the event that any provision of this Contract of Sale
is determined by a court of competent jurisdiction to
be invalid or unenforceable, such determination shall
not affect the validity or enforceability of any other
provision or part provision of this Contract of Sale.
Schedule 1: Dispute
Resolution Non-Assessed
Items
1.1 Application of this Schedule
● This Schedule, referred to as Schedule 1, shall
apply in circumstances where issues arise
concerning an item purchased on the On The
Box Platform, specifically for items designated
as “sold.”
● In the event of a problem with the purchased
item, both parties agree to follow the
procedures outlined in Schedule 1 for its
resolution. It is further agreed that neither
party shall initiate court or arbitration
proceedings until all procedures in Schedule 1
have been duly adhered to, except in
instances of urgent matters requiring
immediate action.
● Throughout the dispute resolution process,
the party in possession of the livestock or
item shall be obligated to care for it
responsibly and properly.
1.2. Reporting and Negotiating
Timeframe.
Upon identification of a problem with a purchased
item, the Buyer shall undertake the following steps:
● Within 48 hours of receiving the item, the
Buyer must document the issue and
communicate it in writing to On The Box and
the Selling Agent. This communication shall be
accompanied by supporting evidence, such as
photographs or an inspection report,
submitted within the same 48-hour period
following the initial notification.
● Within the subsequent 7 days after reporting
the issue, the Buyer is expected to engage in
fair and honest discussions with the Selling
Agent to resolve the matter. Potential
resolutions may include mutually agreed-
upon measures, such as an adjustment to the
price.
● If the Buyer communicates a problem to the
Seller or Selling Agent, both parties shall make
concerted efforts to engage in dialogue and
reach a proper agreement.
1.3. If No Negotiation is Reached:
a. If the Buyer has duly followed the steps
outlined in Section 1.2 of Schedule 1 and has
not reached an agreement with the Seller
within 7 days of reporting the issue to the
Selling Agent, the Buyer must promptly notify
On The Box. Evidence supporting the claim
must also be provided to On The Box and the
Seller or Selling Agent.
b. Within 5 days of receiving the documentation
and evidence as specified in Section 2.2, the
Selling Agent shall inform On The Box of the
following:
● Whether they concur with or contest the
Buyer’s claims, and if they contest, they
must provide a comprehensive
explanation.
● Any relevant documents or evidence in
their possession that support their
position must be disclosed to both On The
Box and the Buyer.
c. The Buyer, Vendor, and Selling Agent mutually
agree to the following terms:
● In accordance with Section 15.1, On The Box
shall engage Independent Agents to form a
panel.
● The three appointed independent agents shall
review the dispute and propose a resolution
within 7 days of their engagement. The
decision shall be determined by a majority
vote of the engaged agents.
● Should any conflicts of interest arise prior to a
decision being rendered, On The Box must be
notified at the earliest opportunity. On The
Box shall then appoint a new agent or panel,
and the 7-day resolution period shall
recommence.
● If the panel does not reach a resolution within
the initial 7 days, a request for an additional 7
days to finalise their decision can be made
with On The Box. Should no resolution be
achieved within the extended period, the CEO
of On The Box shall act as the final arbitrator
and render a binding decision.
● If either the Selling Agent or the Purchasing
Agent disagrees with the outcome of the
panel or believes the outcome is not fair or in
the best interests of achieving a just
resolution, they must notify On The Box
within 48 hours of the panel's decision being
communicated.
● The decision rendered by the CEO of On The
Box following the failure of the panel to reach
a resolution, or any final decision made after
the review of a challenge, shall be final and
binding on all parties involved.
● The CEO of On The Box shall not be deemed
an arbitrator and shall not function in that
capacity.
● The costs associated with the dispute
resolution process, including the engagement
of independent agents, shall be borne equally
by the parties involved in the dispute unless
otherwise determined by On The Box.
● All parties agree to comply with these dispute
resolution terms and conditions and to
cooperate fully with On The Box and the
appointed agents throughout the resolution
process.
● 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 shall be 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 expense, provided that:
● 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
(including photographs) to enable the
On The Box CEO to verify the
existence of a Defect; and
● The CEO of On The Box determines
that a Defect exists in accordance
with the 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 as outlined in Schedule 1:
● If the Buyer has not 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 transportation,
emergency animal health expenses,
and agistment costs based on the
number of items returned.
● If the Buyer has already made
payment, 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
transportation, emergency animal
health expenses, and agistment, must
be promptly borne by the Selling
Agent or Vendor based on the
number of Items returned.
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 Lot, 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.
● "Resolution Panel" refers to the
regulations governing independent
review of the dispute, as specified in
the document located at Schedule 2
Part A, 2.3.
2.2 Stage 1: Independent 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:
o 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.
o Promptly engage to resolve the
Dispute by initiating informal, sincere
negotiations with the Selling Agent or
Vendor.
● 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: Resolution Panel
● Should the Dispute persist beyond 7 days (or a
mutually agreed shorter duration) subsequent
to the issuance of the Notice of Dispute, both
parties are obligated to resort to Resolution
Proposal by means of a Panel Decision.
● As outlined in section 15, the dispute shall be
referred to On The Box for resolution whereby
On The Box shall engage three parties who
are independent to and separate from the
transaction.
● The three appointed independent parties shall
review the dispute and propose a resolution
within 14 days of their engagement. The
resolution shall be determined by a majority
vote of the engaged parties.
● 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 Independent Panel 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.
● 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: Disputes Relating to
Assessed Lots
1. Introduction
● This section, referred to as Part B, addresses
disputes concerning potential issues with
Assessed Lots, which includes Slaughter Stock.
● The entitlements and remedies specified in
Table 1 and Table 2 below apply only if the
issue is reported to the Selling Agent, Vendor,
or On The Box within 48 hours of the Lot's
delivery to the Buyer, unless otherwise
indicated in Table 2.
● In circumstances outlined in Table 1, a claim
may still be permissible even if reported after
the 48-hour period, subject to the conditions
set out in Table 3.
● Neither the Buyer, Vendor, nor Selling Agent
may escalate a claim to the Resolution Panel
without first engaging in Independent
Negotiation. Such escalation is only
permissible if those negotiations are
unsuccessful.
● If the Buyer declines any animals in
accordance with this Schedule, the Vendor
shall be liable for the direct expenses incurred
by the Buyer as a result of the rejection. These
expenses include shipping costs, emergency
animal health expenses necessary to avert
further health issues, and agistment charges
based on the number of animals rejected.
● The Buyer is prohibited from rejecting the
Livestock if they have materially altered the
condition, description, marketability, or value
of the stock through their own animal care or
health treatments, unless there are urgent
health concerns or treatments required to
prevent harm to animal health and welfare.
2. Misdescribed Assessed
Lots
A "misdescription" occurs when, upon delivery, a lot
deviates from the specified description in the
designated assessment fields (refer to the listed
assessment fields below). It is clarified that these
assessment fields are objective and not subject to
individual interpretation.
● If any elements within the lot are found to be
inconsistent with the described specifications,
the Buyer is entitled to refuse delivery of
either the specific animal involved in the
misdescription or all animals within the lot.
● In such instances, the Vendor and the Selling
Agent shall bear the responsibility for the
costs associated with transporting the animals
back to the property. This obligation rests
with them to rectify the situation and ensure
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 deemed to be
accurately described and shall conform to the
definitions outlined in the "Misdescribed
Assessed Lots" section.
● Tolerances and Timeframes: The following
fields are subject to specified tolerance limits,
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 affected,
regardless of the presence or absence of
other tolerances.
4. Traits
4.1. Single Descriptor:
If the entire Lot is classified under a single descriptor
of a Trait (Single Descriptor), and the Buyer asserts
that the Single Descriptor does not apply to one or
more animals in the Lot, and if the parties are unable
to resolve the matter through Independent
Negotiation, section 4.2 shall apply.
4.2 Buyer’s discretion to Reject
Livestock
(a) The Buyer may: (i) reject any animals to which the
Single Descriptor does not apply; or (ii) reject the
entire Lot if the Single Descriptor is not applicable to
more than 15% of the Lot; (b) escalate the claim to
the Resolution Panel; 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 under
section 4.2(a), the Vendor must escalate the claim to
the Resolution Panel.
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 conform to the
Multiple Descriptors, and if the parties cannot reach a
resolution through Independent Negotiation, the
rights of the parties shall be governed by the
applicable tolerance model for the Trait, as specified
below. The Compliance Parameters for the Traits are
outlined in Table 1.
4.6. On The Box Compliance
Parameters
Table 1: Compliance Parameters
Compliance
Parameter
Criteria
Traits
Applicable
Compliance
Parameter 1:
1. If Compliance Parameter 1 applies to a Trait, the Buyer may, at their
discretion: (a) Reject: (i) Any animals to which the Multiple Descriptors do
not apply; (ii) Any animals exceeding the assessed quantity for each of the
Multiple Descriptors; (iii) The entire Lot if, as a result of clauses 1(a)(i) and
1(a)(ii), more than 15% of the Lot is eligible for rejection by the Buyer. (b)
Refer the claim to the Resolution Panel; or (c) Withdraw the claim.
2. If a progeny is weaned and its Bloodline or registered sire/dam details are
found to be inaccurate, the Buyer may reject only the progeny, provided the
dam is accurately described. In the case of unweaned progeny with
incorrect Bloodline or registered sire/dam details, the Buyer may reject both
the progeny and the dam.
Age
Bloodline
Breed
Sex
Compliance
Parameter 2:
In instances where Compliance Parameter 2 applies, a tolerance of 10% of the total
number of animals in the Lot (10% Tolerance) is permitted for each of the Multiple
Descriptors.
If a Trait is subject to Compliance Parameter 2, the Buyer may, at their discretion:
(a) Reject: (i) Any animals to which the Multiple Descriptors do not apply; (ii) Any
animals that exceed the assessed quantity for each of the Multiple Descriptors, less
the 10% Tolerance; (iii) The entire Lot if, due to clauses 1(a)(i) and 1(a)(ii) above,
more than 15% of the Lot is eligible for rejection by the Buyer.
(b) Refer the claim to the Resolution Panel; or
(c) Withdraw the claim.
Shearing
Crutching
Mulesing
Tails
Mixed Sex Lines
Compliance
Parameter 3:
1. In relation to Compliance Parameter 3: (a) A minimum of 80% of the animals
in the Lot must conform to one or more of the Multiple Descriptors. (b) A
tolerance applies to animals fitting within an unused descriptor adjacent to
a descriptor used in the assessment. This tolerance for animals in the
Adjacent Unused Descriptor is limited to less than 10% of the entire Lot or
the number of animals in the Adjacent Assessed Descriptor. (c) No animal
may be positioned more than two descriptors away from the Multiple
Descriptors.
2. If a Trait is subject to Compliance Parameter 3, the Buyer may, at their
discretion: (a) Reject: (i) Any animals in the Adjacent Unused Descriptor that
exceed the Adjacent Tolerance Amount; (ii) Any animals that fit within a
descriptor that is two or more descriptors away from the Multiple
Descriptors; or (iii) The entire Lot if, due to sections 2(a)(i) and 2(a)(ii), more
than 15% of the Lot is eligible for rejection by the Buyer.
3. (b) Refer the claim to the Resolution Panel; or
(c) Withdraw the claim.
4. If the Vendor and/or Selling Agent disputes the Buyer’s right to reject any
animal or animals as per section 2(a) above, the Vendor must refer the
claim to the Resolution Panel.
Dentition
Fat Score
Muscle Score
Mulesing
Wool Length
Wrinkle Score
Seed and Burr
5. Additional Traits - Tolerance Table
2 Claims notified within 48 hours.
5.1. Where the Buyer asserts an issue with one of the
traits specified in Column 1 of Table 2 below and the
claim has not been resolved through Independent
Negotiation, the Buyer may, at their discretion: (a)
Reject animals as specified in Column 2 of Table 2; (b)
Claim a price adjustment as provided in Column 2 of
Table 2; (c) Refer the claim to the Resolution Panel; or
(d) Withdraw the claim.
5.2. If Column 2 of Table 2 does not specify the above
options, the Buyer may: (a) Reject some or all of the
animals; or (b) Claim a price reduction.
In the event the dispute is referred to the Resolution
Panel, the experts may determine that the
appropriate remedy involves the rejection of some or
all of the animals and/or a price reduction.
5.3. If the Vendor or Selling Agent disputes the
Buyer’s right to reject any animal(s) under section
5.1(a) or to make a claim for a price adjustment under
section 5.1(b), the matter must be referred to the
Resolution Panel for resolution.
5.4. Neither the Buyer, Vendor, nor Selling Agent may
proceed to the Resolution Panel unless they have first
attempted Independent Negotiation and those
attempts have been unsuccessful.
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 posing a 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 with Significant Risk of Widespread Impact
If symptoms of a transmittable disease are detected within 48 hours of delivery to the Buyer, and
the disease was acquired by the animals prior to delivery, the Buyer may reject the entire Lot,
acknowledging that if any animal shows symptoms, it is accepted that all may be affected or
there is a significant risk that all will be affected.
Assessor
Comments
Descriptors that reference dedicated assessment fields, which must align, including but not
limited to bloodline, lot size, and age.
In the event of a discrepancy between a dedicated input field in the assessment and the
Assessor’s comments, and the delivered Lot is consistent with the dedicated input field, the Buyer
shall be precluded from initiating a claim.
For any other instances where the Buyer wishes to lodge a claim, the Buyer is obliged to pursue
resolution through Independent Negotiation. If such negotiations are unsuccessful, the matter
may then be referred to the Resolution Panel.
Bruising (Cattle
Slaughter Stock
Only)
In the event of bruising of animals upon delivery, the Buyer is entitled to a price adjustment for
each bruised animal, calculated according to the percentage price adjustments based on 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: Calves, 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.
In cases where a fault is disclosed in the Assessment, if the number of animals with the declared
fault exceeds the declared number by more than 5%, the Buyer may reject those animals that
exceed the 5% threshold.
If the number of animals with the declared fault is 15% or more above the declared number, the
Buyer may reject the entire Lot.
Grazing
Conditions
The Buyer may reject the entire Lot if, prior to delivery, some or all of the animals were grazed on
species that include declared noxious weeds or plant species known to cause detriment to animal
health.
Head Count
In the event that the number of animals delivered differs from what is stated on the National
Vendor Declaration (NVD), the Buyer will only be liable to pay for the number of animals actually
delivered.
1. If the number of animals delivered exceeds the number stated on the Assessment by
more than 5%, the Buyer may reject the excess animals.
2. If the number of animals delivered is 5% less than the number stated on the Assessment,
and the Buyer wishes to make a claim (including for pro-rated freight costs), the Buyer
must seek resolution through negotiation. If those negotiations are unsuccessful, the
matter may then be referred to the Resolution Panel.
3. If the number of animals delivered differs by 15% or more (either greater or less) from
the number stated on the Assessment, the Buyer may reject the entire Lot or
alternatively seek resolution (including regarding pro-rated freight costs) through
negotiation. If those negotiations are unsuccessful, the matter may then be referred to
the Resolution Panel.
Inaccurate &
Misleading
Information
This includes any inaccurate or misleading information in the Assessment, which encompasses,
but is not limited to, details regarding temperament, weaning information, joining dates, and
stock history.
In all cases where the Buyer wishes to make a claim, the Buyer must first seek resolution through
negotiation. If these negotiations are unsuccessful, the matter may then be referred to the
Resolution Panel.
Lameness
The Buyer may reject the affected animal(s) if there is evidence of lameness accompanied by a
structural fault present prior to delivery, or if lameness is still evident 14 days after delivery
following a period of rest in a paddock (provided this is not related to symptoms of disease).
Notification of lameness must occur within 48 hours of delivery, and the lameness must still be
present 14 days after delivery for the Buyer to exercise the right to reject the animal(s).
Mismothering
In the event of any animals being incorrectly paired or mothered prior to delivery, or if such
pairing or mothering is disrupted during transit, and the Buyer intends to file a claim, the Buyer
must first attempt to resolve the matter through negotiation. If these negotiations are
unsuccessful, the Buyer may then refer the matter to the Resolution Panel.
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, and (if those processes are
unsuccessful), through the Resolution Panel.
Paperwork
Issues
1. NVD
If the Assessment does not align with the National Vendor Declaration (NVD) or other Vendor-
supplied statements/paperwork, or the information on the National Livestock Identification
System (NLIS) (collectively referred to as Vendor paperwork), the following applies:
● If the Vendor paperwork is correct and the Assessment is incorrect, the Buyer may reject
any animals that do not conform to the Assessment.
● If more than 15% of the Lot does not fit within the Assessment as specified, the Buyer
may reject the entire Lot.
If incorrect Vendor paperwork was provided to the Buyer initially, 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
Regarding paperwork related to Lifetime Traceability (LT), Status, and Vendor Bred Status:
● If more than 1% of the Lot does not meet the LT criteria, the Buyer may reject that
number of livestock exceeding the 1% tolerance allowance.
● If more than 15% of the Lot does not meet the LT criteria, the Buyer may reject the entire
Lot.
Pregnancy
1. Pregnancy (Displayed as PTIC or SIL in Lot Title)
In assessments designated as PTIC or SIL in the lot title, the pregnancy certificate must be no
more than 30 days old at the time of the assessment.
The Buyer must notify their intention to pregnancy test some or all of the Lot within 48 hours of
delivery. The Buyer has 14 days from the delivery date to have the animal(s) pregnancy tested,
and any notice of dispute must be provided within 48 hours of receiving the pregnancy
certificate.
There is a 10% tolerance for sheep and goats, and a 5% tolerance for cattle regarding animals
found not to be pregnant.
In instances where the tolerances have been exceeded and the Buyer wishes to make a claim, the
Buyer must seek resolution through negotiation. If these negotiations are unsuccessful, the
matter may then be referred to the Resolution Panel.
The Vendor retains the right to have the stock re-tested at their own cost to confirm the results.
2. Pregnancy – Vendor Terms (Displayed as PTIC or SIL in Lot Title)
The Vendor must provide the Buyer with the opportunity to have the animal’s pregnancy tested
within 24 hours of delivery, with any notice of dispute occurring within 48 hours of testing.
Where the Vendor-nominated tolerances have been exceeded, and the Buyer has complied with
the criteria regarding the pregnancy testing timeframe and any other nominated conditions, the
Buyer may make a claim. If the Buyer wishes to make a claim, they shall seek resolution through
negotiation. If these negotiations are unsuccessful, the matter may then be referred to the
Resolution Panel, except in circumstances where the Vendor Terms include a specific 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 regarding any animal found not to be pregnant if "No Pregnancy Terms"
were selected.
Transport
(Trucking
Access)
Unless expressly stated otherwise, it is implied that trucking access includes both immediate
access to the property and the nearest road designated as a public road by the local council or
state government.
If costs are incurred by the transporter due to the negligence or fault of the Vendor or Selling
Agent, the Vendor or Selling Agent shall be responsible for those costs.
If costs are incurred by the transporter due to their own fault or negligence, the Buyer shall be
responsible for those costs in relation to the Vendor and the Buyer.
Live Weight
Standard
Auctions
The tolerances outlined below are applicable to Standard Auctions (excluding Paddock Sales).
1. 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 ±3% from the weight specified in the Catalogue, the Buyer
may claim a price adjustment, calculated as follows:
Price Adjustment = P × (WA - WD)
Where:
● P = price per kilogram of the entire Lot as per the sold price results on the On The Box
platform.
● WA = combined weight of the entire Lot as assessed in kilograms.
● WD = combined weight of the entire Lot as delivered in kilograms (including any delivery
adjustment).
This tolerance applies 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 ±5% from the weight specified in the Catalogue, the Buyer
may claim a price adjustment using the same formula as above.
This tolerance applies to all sheep, lamb, and goat stock categories.
2. Weight Range Claims
In the event that any individual animal(s) within the Lot exceeds the specified weight range by
more than 10% (including any nominated delivery adjustment), the Buyer reserves the right to
reject those specific animal(s).
Alternatively, if the number of animals in the Lot that fall outside the defined weight range
(including any nominated delivery adjustment) exceeds 5% of the total number of animals in the
Lot, the Buyer is entitled to reject the surplus animals beyond the 5% tolerance.
3. Live Weight Loss (Gut Shrink)
A guide for cattle that have been removed from feed and water is provided as follows:
[Include specific guidelines if available].
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%
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 outlined below apply specifically to Cattle Paddock Sales. Liveweight claims
cannot be made regarding any Sheep Paddock Sales.
1. 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 ±10% from the weight specified in the Catalogue, the Buyer
may claim a price adjustment, calculated as follows:
Price Adjustment = P × (WA - WD)
Where:
● P = price per kilogram of the entire Lot as per the sold price results on the On The Box
platform.
● WA = combined weight of the entire Lot as assessed in kilograms.
● WD = combined weight of the entire Lot as delivered in kilograms (including any delivery
adjustment).
This tolerance applies to all cattle stock categories.
2. Weight Range Claims
In the event that any individual animal(s) within the Lot exceed the specified weight range by
more than 10% (including any delivery adjustment), the Buyer reserves the right to reject those
specific animal(s).
Alternatively, if the number of animals in the Lot that fall outside the defined weight range
exceeds 10% of the total number of animals in the Lot, the Buyer is entitled to reject the surplus
animals beyond the 10% tolerance (including any delivery adjustment).
3. Live Weight Loss (Gut Shrink)
A guide for cattle that have been removed from feed and water is provided 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.
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 Independent
Negotiation, 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 the Resolution Panel; 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, including but not limited to the National Vendor
Declaration (NVD) or any legitimately requested paperwork by the Buyer, such as a Health
Statement, is not provided by the Vendor within 48 hours of the delivery of the animals to the Buyer
for the entire Lot, the Buyer must submit a claim within 14 days of delivery. The Buyer is required to
seek resolution through negotiation, and if these negotiations prove unsuccessful, the matter may
be referred to the Resolution Panel.
Defined Traits of
unborn progeny
(breed, sex)
The notification of a claim must comply with the following specified timeframes:
● In cases of incorrect sex, notification must be made within 7 days of birth.
● For breed inaccuracies evidenced by coat colour (e.g., Dorpers or Black Baldies), notification
must occur within 7 days of birth.
● For breed inaccuracies that cannot be identified at birth, notification must be made within 3
months from the conclusion of calving or lambing.
● If more than 5% of the entire Lot presents issues with the Defined Traits and the Buyer
intends to make a claim, resolution must be sought through negotiation, and if those
negotiations are unsuccessful, the matter may be referred to the Resolution Panel.
● 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 stipulated by the NLIS transfer requirements
applicable in the State of purchase.
If more than 1% of the Lot is affected by these inaccuracies, the Buyer may reject the animals
affected in excess of that 1%.
Should more than 15% of the Lot be 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 notify their intention to conduct pregnancy scans on livestock within 48
hours of the delivery of the animals. The testing must be carried out at the Buyer's own expense
within 28 days of the animals' arrival.
The Vendor retains the right to incur the costs of re-scanning the livestock to verify the results. A
tolerance of 5% is allowed for animals found to be pregnant.
If this tolerance is exceeded and the Buyer opts to terminate the pregnancy through a PG injection,
the Vendor shall be responsible for the associated costs. However, the Buyer cannot claim an
additional discount for these animals.
If the number of animals found to be pregnant exceeds the 5% tolerance, and the Buyer chooses not
to terminate the pregnancy, any claim by the Buyer must seek resolution through negotiation, and if
those negotiations are unsuccessful, through the Resolution Panel.
The Vendor is responsible for the costs of pregnancy testing if they 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
liable for the costs associated with the pregnancy tests and has no claim on animals that are
detectably pregnant.
In instances where access to bulls, rams, bucks, or stags is declared, no claims can be made.
Progeny born
outside expected
timeframe
Subject to the conditions outlined below, a claim may be made regarding progeny born (full term) at
least 4 weeks outside the expected timeframe based on joining dates. This applies only if the Lot is
stated to have had no access to bulls, rams, bucks, or stags outside the nominated joining period,
and the stock have been pregnancy tested. No claim may be initiated where the Assessment
indicates that the stock has been continuously joined. Claims for progeny born outside the expected
timeframe are not permitted for livestock purchased from a Paddock Sale.
The Buyer must notify any claim within 7 days of the birth of the progeny; however, if progeny are
born after the expected timeframe, the Buyer has 7 days from the end of that expected window to
submit the claim.
A tolerance of 10% is allowed for the number of progeny born outside the expected timeframe. If
this tolerance is exceeded and the Buyer wishes to make a claim, the Buyer must first seek
resolution through negotiation, and if those negotiations are unsuccessful, the matter may be
escalated to the Resolution Panel.
Specific Sire Details
or Bloodlines (for
assessed animals,
progeny at foot or
unborn progeny)
The Buyer is required to notify the Vendor, Selling Agent, or On The Box when genetic testing is
undertaken. Any claims must be communicated and supported by evidence within 3 months of the
animals' delivery to the Buyer (for live animals) or within 3 months from the conclusion of calving or
lambing (for unborn progeny).
A tolerance of 5% applies to the number of assessed animals that differ from the assessed bloodline
as confirmed by genetic testing.
The Buyer is entitled to reject any affected animals. If more than 15% of the Lot is affected, the
Buyer may reject the entire Lot.
