Wednesday 16th October, 2024 at 12pm
Springsure Show Grounds 30a Barcoo St, Springsure QLD 4722
Lot 2 NZC22T406 KO P550 PROSPECT T406 PV
Home of Knockout Cattle
Tim Lord
M: 0417 406 036
Angus Onisforou
M: 0427 768 893
Don Tucker
M: 0428 841 666
Anthony Ball
M: 0428 275 499
Welcome to Our Second Annual KO Angus Springsure Bull Sale!
We are thrilled to offer 42 high-quality, carcass-improving bulls in Springsure.
Importantly for our buyers, all of our bulls have been:
• Vet Checked
• Semen tested
• Blooded for Tick Fever
• Vaccinated for 3 Day Sickness
• Pesti Guarded
• 7 in 1 Vaccinated
• PI Tested Negative
• Drenched with Sureshot Duo Combination
All bulls come with a written warranty and vet certificate. The majority of our bulls are from a strong ET program, utilising our very best females. We pride ourselves on not compromising on phenotype for EBVs, or EBVs for phenotype. We deliver both. While it is relatively easy to breed an animal with good EBVs, it is much more challenging
to breed an animal that excels in both EBVs and phenotype. We understand that there are many stud stock cattle sales happening weekly with a wide range of suppliers. That’s why we are committed to making your experience with us stand out. We strive to offer much more than just a bull; we aim to build lasting relationships and provide a product that enhances your returns and improves your cattle herd.
Our focus is on delivering market-leading genetics at prices that are accessible to the commercial cattleman. By choosing KO Angus, you’re investing in more than just quality bulls; you’re partnering with us for ongoing support and mutual success.
Feel free to enquire about our very generous volume discounts.
We look forward to seeing you there!
Angus Onisforou
.
Angus Onisforou & Tim Lord
INTENSITY T56 $15,000 TOP PRICED BULL INAUGURAL SPRINGSURE SALE
KO
Sale Information
We have held twenty eight successful on-property bull sales since starting back in 1997.
The reasons you should be interested in K.O. bulls are that they are:
• Larger or framier than average
• Powerful and thick
• Heavier than average on a weight for age basis (off grass)
• Fertile
• We cull harder at K.O. than most bull breeders, because we are short on grazing expansion opportunities
Breeding Philosophy
At K.O. we are ‘not’ taking the easy route (that is, by breeding shorter thick appearing bulls) – at K.O. we are selectively breeding larger framed but also thick bulls. Whilst this is hard to do, we believe we are succeeding.
• The smaller an animal’s frame the easier it is for that animal to appear thick.
• The larger an animal’s frame the harder it is for the animal to appear thick.
• Most bull breeders are offering for sale smaller framed bulls with differing degrees of thickness.
Come and have a look at our bulls and make up your own mind. They are worth a look.
Inspection
The Bulls are currently at Leegra Fitting located at 1468 Silverleaf Rd Silverleaf QLD 4605. For inspections please contact Les Lee on (0407) 589 027. The bulls will be available to be inspected at the Springsure Showgrounds the day prior to the sale.
Bidders Cards
Bidders Cards will be used. Obtain from the Sale Office on the day of sale.
Delivery
At conclusion of sale - instruction sheets MUST be completed prior to departing the sale.
Rebate
A minimum 1% rebate will be available to registered outside agents introducing ‘new’ (not having purchased at K.O. before) buyers in writing prior to sale and settling on their behalf within 7 days of date of invoice.
Insurance
Insurance can be effected at the fall of the hammer, by contacting the sale agentsElders Limited listed on page 3.
Catering
Complimentary refreshments will be available.
Guarantee
Any K.O. bull that proves to be structurally unsound, infertile or incapable of service is guaranteed for up to two years from the date of sale. Under these circumstances, K.O. will:
1. Replace the bull with a satisfactory substitute if available, or
2. Issue a credit equal to the purchase price less the salvage value. The credit may be used at future KO. Bull sales. The guarantee strictly covers the purchase value of the bull, without interest, cost and damages. The guarantee shall apply providing the bull’s incapacity is not caused by injury or disease contracted since leaving K.O. Angus Stud, and is calculated on the basis that the guarantee is reduced by 50% of the purchase price for each if two years of service from the sale date. A veterinary certificate must be supplied by the purchaser on request. If any bull that is purchased does not possess a reasonable fertility, although not totally infertile, any dispute that may arise shall be settled by an arbitrator appointed by the auctioneers and must be lodged within 12 calendar months from date of sale.
We recommend that all purchasers discuss injury insurance of their bulls at the sale with Elders. This guarantee is in addition to the normal terms and conditions governing auction sales. If there is a problem please ring us first. Yearling bulls should only be put over 25 females, K.O. will not be responsible for any consequent loss for yearling bulls put over more than 25 females.
Health
All bulls have been:
Vet Certificate
Each of our stud bulls comes with a certificate from Holbrook Vet Centre attesting to their: Structural Soundness
• Semen Tested Status
• Fertility Tested Status
• Conformation
Holbrook Vets can be contacted direct on (02) 6036 2374.
Free Transport*
Free bull delivery and K.O. Angus pays your freight!
*Up to 300kms by road subject to using our nominated carriers on our nominated routes to deliver - they will deliver at a time that best suits them (see vendor).
Notice to Buyers
Outside Agents Commission
A 1% commission will be paid to outside agents ‘settling the account’. These agents must nominate their buyer in writing. Nominations close at 5 pm the day prior to the sale. A generous commission will be ‘negotiated’ with outside agents introducing and accompanying clients to the sale. Such negotiations must be concluded by 5pm the day prior to the sale.
Semen Test before Annual Spring Bull Sales - Not after
It is always best practice to have your bulls vet checked before the joining season ensuring they are sound and fertile.
Volume Discounts
K.O. Angus is happy to offer discounts to volume purchasers of bulls at our annual sale. We offer the following discounts off the total purchase price, 2 bulls—2% 3 bulls—3%, 4 bulls—4%, 5 bulls and over—5%. Bulls purchased by different parties can not be aggregated. Purchasers agents commission, if applicable, will be deducted from the discount allowed.
Semen Interest Retained in Bulls
K.O. Angus will retain a 50% interest in the semen rights on all bulls. K.O. will share the semen selling benefits equally with the bull owner, if marketed. The purchaser has full possession and responsibility for the bull. K.O. has no interest in the salvage value of the bull. If the bull is on-sold K.O. retains its semen rights going forward. The purchaser can collect semen for any use, but if sold the benefits are shared. If K.O. wishes to collect semen we will do so at our own cost and at times suitable to the bull owner.
DNA/Genomics
36 Lots have been verified to both Sire and Dam by DNA; 5 lots are Sire verified The Bulls have been tested with the Neogen Angus GS chip for genomic enhanced EBV’s Please note; Lot 41 has not been tested
Attention Buyer
Animal details included in this catalogue, including but not limited to pedigree, DNA information, Estimated Breeding Values (EBVs) and Index values, are based on information provided by the breeder or owner of the animal. Whilst all reasonable care has been taken to ensure that the information provided in this catalogue was correct at the time of publication, Angus Australia will assume no responsibility for the accuracy or completeness of the information, nor for the outcome (including consequential loss) of any action taken based on this information.
Parent Verification Suffixes
The animals listed within this catalogue including its pedigree, are displaying a Parent Verification Suffix which indicates the DNA parent verification status that has been conducted on the animal. The Parent Verification Suffixes that will appear at the end of each animal’s name.
PV : both parents have been verified by DNA.
SV : the sire has been verified by DNA.
DV : the dam has been verified by DNA.
# : DNA verification has not been conducted.
E : DNA verification has identified that the sire and/or dam may possibly be incorrect, but this cannot be confirmed conclusively
Understanding the TransTasman
Angus Cattle Evaluation (TACE)
What is the TransTasman Angus Cattle Evaluation?
The TransTasman Angus Cattle Evaluation is the genetic evaluation program adopted by Angus Australia for Angus and Angus influenced beef cattle. The TransTasman Angus Cattle Evaluation uses Best Linear Unbiased Prediction (BLUP) technology to produce Estimated Breeding Values (EBVs) of recorded cattle for a range of important production traits (e.g. weight, carcase, fertility).
The TransTasman Angus Cattle Evaluation is an international genetic evaluation and includes pedigree, performance and genomic information from the Angus Australia and Angus New Zealand databases, along with selected information from the American and Canadian Angus Associations.
The TransTasman Angus Cattle Evaluation utilises a range of genetic evaluation software, including the internationally recognised BLUPF90 family of programs, and BREEDPLAN® beef genetic evaluation analytical software, as developed by the Animal Genetics and Breeding Unit (AGBU), a joint institute of NSW Agriculture and the University of New England, and Meat and Livestock Australia Limited (MLA).
What is an EBV?
An animal’s breeding value can be defined as its genetic merit for each trait. While it is not possible to determine an animal’s true breeding value, it is possible to estimate it. These estimates of an animal’s true breeding value are called EBVs (Estimated Breeding Values).
EBVs are expressed as the difference between an individual animal’s genetics and a historical genetic level (i.e. group of animals) within the TACE genetic evaluation, and are reported in the units in which the measurements are taken.
Using EBVs to Compare the Genetics of Two Animals
TACE EBVs can be used to estimate the expected difference in the genetics of two animals, with the expected difference equating to half the difference in the EBVs of the animals, all other things being equal (e.g. they are joined to the same animal/s).
For example, a bull with a 200 Day Growth EBV of +60 would be expected to produce progeny that are, on average, 10 kg heavier at 200 days of age than a bull with a 200 Day Growth EBV of +40 kg (i.e. 20
kg difference between the sire’s EBVs, then halved as the sire only contributes half the genetics).
Or similarly, a bull with an IMF EBV of +3.0 would be expected to produce progeny with on average, 1% more intramuscular fat in a 400 kg carcase than a bull with a IMF EBV of +1.0 (i.e. 2% difference between the sire’s EBVs, then halved as the sire only contributes half the genetics).
Using EBVs to Benchmark an Animal’s Genetics with the Breed
EBVs can also be used to benchmark an animal’s genetics relative to the genetics of other Angus or Angus infused animals recorded with Angus Australia. To benchmark an animal’s genetics relative to other Angus animals, an animal’s EBV can be compared to the EBV reference tables, which provide:
• the breed average EBV
• the percentile bands table
The current breed average EBV is listed on the bottom of each page in this publication, while the current EBV reference tables are included at the end of these introductory notes.
For easy reference, the percentile band in which an animal’s EBV ranks is also published in association with the EBV.
Considering Accuracy
An accuracy value is published with each EBV, and is usually displayed as a percentage value immediately below the EBV.
The accuracy value provides an indication of the reliability of the EBV in estimating the animal’s genetics (or true breeding value), and is an indication of the amount of information that has been used in the calculation of the EBV.
EBVs with accuracy values below 50% should be considered as preliminary or of low accuracy, 50-74% as of medium accuracy, 75-90% of medium to high accuracy, and 90% or greater as high accuracy.
Description of TACE EBVs
EBVs are calculated for a range of traits within TACE, covering calving ease, growth, fertility, maternal performance, carcase merit, feed efficiency and structural soundness. A description of each EBV included in this publication is provided on the following page.
UNDERSTANDING ESTIMATED BREEDING VALUES (EBVS)
CEDir % Genetic differences in the ability of a sire’s calves to be born unassisted from 2 year old heifers.
CEDtrs % Genetic differences in the ability of a sire’s daughters to calve unassisted at 2 years of age.
GL days Genetic differences between animals in the length of time from the date of conception to the birth of the calf.
BW kg Genetic differences between animals in calf weight at birth.
200 Day kg Genetic differences between animals in live weight at 200 days of age due to genetics for growth.
400 Day kg Genetic differences between animals in live weight at 400 days of age.
600 Day kg Genetic differences between animals in live weight at 600 days of age.
MCW kg Genetic differences between animals in live weight of cows at 5 years of age.
Milk kg Genetic differences between animals in live weight at 200 days of age due to the maternal contribution of its dam.
DtC days
Genetic differences between animals in the time from the start of the joining period (i.e. when the female is introduced to a bull) until subsequent calving.
SS cm Genetic differences between animals in scrotal circumference at 400 days of age.
CWT kg Genetic differences between animals in hot standard carcase weight at 750 days of age.
EMA cm2 Genetic differences between animals in eye muscle area at the 12/13th rib site in a 400 kg carcase.
Higher EBVs indicate fewer calving difficulties in 2 year old heifers.
Higher EBVs indicate fewer calving difficulties in 2 year old heifers.
Lower EBVs indicate shorter gestation length.
Lower EBVs indicate lighter birth weight.
Higher EBVs indicate heavier live weight.
Higher EBVs indicate heavier live weight.
Higher EBVs indicate heavier live weight.
Higher EBVs indicate heavier mature weight.
Higher EBVs indicate heavier live weight.
Lower EBVs indicate shorter time to calving.
Higher EBVs indicate larger scrotal circumference.
Higher EBVs indicate heavier carcase weight.
Higher EBVs indicate larger eye muscle area.
Rib Fat mm Genetic differences between animals in fat depth at the 12/13th rib site in a 400 kg carcase. Higher EBVs indicate more fat.
P8 Fat mm Genetic differences between animals in fat depth at the P8 rump site in a 400 kg carcase.
RBY % Genetic differences between animals in boned out saleable meat from a 400 kg carcase.
IMF % Genetic differences between animals in intramuscular fat (marbling) at the 12/13th rib site in a 400 kg carcase.
NFI-F kg/day
Genetic differences between animals in feed intake at a standard weight and rate of weight gain when animals are in a feedlot finishing phase.
Doc % Genetic differences between animals in temperament.
Claw Set score Genetic differences in claw set structure (shape and evenness of claws).
Foot Angle score Genetic differences in foot angle (strength of pastern, depth of heel).
Leg Angle score Genetic differences in rear leg structure when viewed from the side (angle at front of the hock).
$A $
$A-L $
Genetic differences between animals in net profitability per cow joined in a typical commercial self replacing herd using Angus bulls. This selection index is not specific to a particular market end-point, but identifies animals that will improve overall net profitability in the majority of commercial, self replacing, grass and grain finishing beef production systems.
Genetic differences between animals in net profitability per cow joined in a typical commercial self replacing herd using Angus bulls. This selection index is not specific to a particular market end-point, but identifies animals that will improve overall net profitability in the majority of commercial, self replacing, grass and grain finishing beef production systems.
The $A-L index is similar to the $A index but is modelled on a production system where feed is surplus to requirements for the majority of the year, or the cost of supplying additional feed when animal feed requirements increase is low.
While the $A aims to maintain mature cow weight, the $A-L does not aim to limit the increase in mature cow weight as there is minimal cost incurred if the feed maintenance requirements of the female breeding herd increase as a result of selection decisions.
Higher EBVs indicate more fat.
Higher EBVs indicate higher yield.
Higher EBVs indicate more intramuscular fat.
Lower EBVs indicate more feed efficiency.
Higher EBVs indicate better temperament.
Lower EBVs indicate a lower score.
Lower EBVs indicate a lower score.
Lower EBVs indicate a lower score.
Higher selection indexes indicate greater profitability.
Higher selection indexes indicate greater profitability.
$D $
UNDERSTANDING ESTIMATED BREEDING VALUES (EBVS)
Genetic differences between animals in net profitability per cow joined in a commercial self replacing herd targeting the domestic supermarket trade. Steers are either finished using pasture, pasture supplemented by grain, or grain (e.g. 50 -70 days) with steers assumed to be slaughtered at 510kg live weight (280kg carcase weight with 12mm P8 fat depth) at 16 months of age.
Genetic differences between animals in net profitability per cow joined in a commercial self replacing herd targeting the domestic supermarket trade. Steers are either finished using pasture, pasture supplemented by grain, or grain (e.g. 50 -70 days) with steers assumed to be slaughtered at 510kg live weight (280kg carcase weight with 12mm P8 fat depth) at 16 months of age.
Higher selection indexes indicate greater profitability.
$D-L $
$GN $
The $D-L index is similar to the $D index but is modelled on a production system where feed is surplus to requirements for the majority of the year, or the cost of supplying additional feed when animal feed requirements increase is low.
While the $D aims to maintain mature cow weight, the $D-L does not aim to limit the increase in mature cow weight as there is minimal cost incurred if the feed maintenance requirements of the female breeding herd increase as a result of selection decisions.
Genetic differences between animals in net profitability per cow joined in a commercial self replacing herd targeting pasture grown steers with a 250 day feedlot finishing period for the grain fed high quality, highly marbled markets. Steers are assumed to be slaughtered at 800 kg live weight (455 kg carcase weight with 30 mm P8 fat depth) at 24 months of age, with a significant premium for steers that exhibit superior marbling.
Genetic differences between animals in net profitability per cow joined in a commercial self replacing herd targeting pasture grown steers with a 250 day feedlot finishing period for the grain fed high quality, highly marbled markets. Steers are assumed to be slaughtered at 800 kg live weight (455 kg carcase weight with 30 mm P8 fat depth) at 24 months of age, with a significant premium for steers that exhibit superior marbling.
Higher selection indexes indicate greater profitability.
$GN-L $
The $GN-L index is similar to the $GN index but is modelled on a production system where feed is surplus to requirements for the majority of the year, or the cost of supplying additional feed when animal feed requirements increase is low.
While the $GN aims to maintain mature cow weight, the $GN-L does not aim to limit the increase in mature cow weight as there is minimal cost incurred if the feed maintenance requirements of the female breeding herd increase as a result of selection decisions.
Higher selection indexes indicate greater profitability.
Higher selection indexes indicate greater profitability.
$GS $
$GS-L $
Genetic differences between animals in net profitability per cow joined in a commercial self replacing herd targeting pasture finished steers. Steers are assumed to be slaughtered at 650 kg live weight (350 kg carcase weight with 12 mm P8 fat depth) at 22 months of age. Emphasis has been placed on eating quality and tenderness to favour animals that are suited to MSA requirements.
Genetic differences between animals in net profitability per cow joined in a commercial self replacing herd targeting pasture finished steers. Steers are assumed to be slaughtered at 650 kg live weight (350 kg carcase weight with 12 mm P8 fat depth) at 22 months of age. Emphasis has been placed on eating quality and tenderness to favour animals that are suited to MSA requirements.
The $GS-L index is similar to the $GS index but is modelled on a production system where feed is surplus to requirements for the majority of the year, or the cost of supplying additional feed when animal feed requirements increase is low.
While the $GS aims to maintain mature cow weight, the $GS-L does not aim to limit the increase in mature cow weight as there is minimal cost incurred if the feed maintenance requirements of the female breeding herd increase as a result of selection decisions.
Higher selection indexes indicate greater profitability.
$PRO $
$T $
Genetic differences between animals in net profitability per cow joined in a commercial self replacing herd based in New Zealand that targets the production of grass finished steers for the AngusPure programme. Steers are assumed marketed at approximately 530 kg live weight (290 kg carcase weight with 10 mm P8 fat depth) at 20 months of age, with a significant premium for steers that exhibit superior marbling.
Genetic difference between animals in net profitability per cow joined in a situation where Angus bulls are being used as a terminal sire over mature breeding females and all progeny, both male and female, are slaughtered. The Angus Terminal Sire Index focusses on increasing growth, carcase yield and eating quality. Daughters are not retained for breeding and therefore no emphasis is given to female fertility or maternal traits.
Higher selection indexes indicate greater profitability.
Higher selection indexes indicate greater profitability.
Higher selection indexes indicate greater profitability.
TransTasman Angus Cattle EvaluationSeptember 2024
PERCENTILE BANDS TABLE
TransTasman Angus Cattle Evaluation
BREED AVERAGE
BANDS TABLE
KO P550 PROSPECT T395PV
P550 PROSPECT T406PV
KO QUARTERBACK T415PV
KO R134 FIREBALL T177SV
KO R138 INERTIA T170PV
KO QUARTERBACK T85PV
KO R89 BEASTMODE T186PV
KO 672 FIREBALL T104PV
QUARTERBACK T108SV
KO PRIME MINISTER U316PV
KO PRIME MINISTER U305PV
KO PRIME MINISTER U249PV
KO PARATROOPER U247PV
KO VERSATILE U27SV
KO R163 REAL DEAL U68PV
KO VERSATILE U203PV
KO VERACIOUS U58PV
VERSATILE U3326PV
Lot 6 NZC22T398 KO P550 PROSPECT T398 PV
Lot 13 NZC22T104 KO 672 FIREBALL T104
Lot 23 NZC23U27 KO VERSATILE U27 SV
KO 904 PACIFIC U52PV
KO 904 PACIFIC U53PV
KO ALTERNATIVE U337PV
KO ALTERNATIVE U310PV
KO VERSATILE U237PV
VERACIOUS U335PV
KO Q96 QUIXOTE U250PV
S24 SPIT FIRE U89#
QLD Stud Stock Terms & Conditions Of Auction Sale
Livestock Auction Terms and Conditions of Sale
CHAPTER ONE - PRELIMINARY
1. (a) A vendor is bound by these terms and conditions by offering livestock for sale by auction.
(b) An agent (which includes an auctioneer) is bound by these terms and conditions by conducting an auction sale.
(c) A buyer is bound by these terms and conditions by bidding at auction.
2. (a) In these terms the expression auctioneer, agent, buyer and vendor respectively includes the servants, contractors, agents of each of them. The auctioneer, agent, buyer and vendor shall be wholly responsible for the acts and omissions of their respective servants, contractors and agents. The term “auctioneer” includes, so far as the law and context permits, the vendor’s agent.
(b) When used in these terms the expressions “companion animals” means all animals originating from a property on a particular day. Where lots are split and sent to multiple establishments, then all of these animals shall be regarded as companions.
3. The following applies in interpreting these terms and conditions:
(a) The following words have the following meanings: Fees means all levies, charges, fees, costs and other expenses incurred or relating to these terms and conditions and the sale and purchase of livestock including, without limitation, transaction levies, yard and weigh dues, cartage, advertising and rebates, and whether paid for, or incurred, by the agent; Livestock means animals auctioned pursuant to these terms and conditions; and Price means the amount at which the lot has been sold to the buyer referred to in clause 7 of these terms and conditions
(i) plus any Fees and other expenses incurred in relation to the purchase of livestock that are payable by the buyer; and (ii) plus any GST added in accordance with clause 12.
(b) These terms and conditions are subject to legislation or regulation in the State in which the auction is conducted and in the event of any conflict then the legislation or regulation will prevail. The provisions of these terms and conditions are in addition to, and do not derogate from, the duties and rights of vendors, agents and buyers set out in legislation and regulation in the State in which the auction is conducted.
CHAPTER TWO - STANDARD TERMS OF SALE
4. Subject to any reserve price, and to the right, prior to the fall of the hammer, of the vendor to withdraw any lot without declaring the reserve, the highest bidder shall be the buyer.
5. The auctioneer has the right to bid on behalf of the vendor provided that right is notified prior to the commencement of the sale and is subject to State law.
6. A bid cannot be made or accepted after the fall of the hammer unless, in accordance with clause 8, the auctioneer decides to put the lot up again.
7. The last price called by the auctioneer at the fall of the hammer shall be the amount at which the lot has been sold.
8. In the event of a disputed bid, the auctioneer is the sole arbitrator of the successful bidder or the auctioneer may decide to put the lot up again. The auctioneer’s decision is final.
9. The auctioneer may refuse to accept any bid which, in the auctioneer’s opinion, is not in the best interests of the vendor and need not give reasons for doing so.
10. A bidder shall be deemed to be a principal unless, prior to bidding, the bidder has given to the auctioneer a copy of written authority to bid for or on behalf of another person.
11 The successful bidder at a livestock auction sale must give to the auctioneer at the fall of the hammer: (a) the purchaser’s name; or (b) the bid card number which identifies the purchaser; or (c) the name of the person on whose behalf the successful bid was made; and (d) the Property Identification Code (known as the “PIC”) of destination.
12. The auction shall be conducted on the basis that the bid price shall be exclusive of Goods and Services Tax (GST). GST shall be added after the fall of the hammer for those sales subject to GST.
13. As soon as practicable after the fall of the hammer, the buyer shall if requested by the agent, sign the agreement for sale.
14. If a buyer does not comply with any of these terms and conditions, which includes the requirements of State law, any livestock knocked down to that buyer may be re-sold by public auction or private contract in whatever lots and manner the auctioneer decides. The re-sale may be with or without notice and shall be at the buyer’s risk. The buyer is responsible for all loss and expense arising out of a re-sale and is not entitled to any resulting profit.
15. The buyer of livestock must pay the agent the full amount of the purchase price in immediate funds on receipt of a tax invoice. Payment is required prior to delivery unless some other time for payment is specified in a written agreement between the buyer and the auctioneer that was made before the fall of the hammer. If, before delivery, payment has not been made then clauses 20 to 23 apply.
16. No person may bid unless, prior to the commencement of the sale, that person has made arrangements satisfactory to the auctioneer for payment for livestock purchased. If bids in breach of this condition are inadvertently accepted, delivery shall not be given until the purchase money is paid and any law, rule or practice to the contrary is accordingly negatived as far as possible.
17. (a) Cattle sold on a liveweight basis that are weighed pre-sale are at the risk and expense of the buyer upon the fall of the hammer.
(b) Cattle sold on a liveweight basis that are weighed post-sale are at the risk and expense of the buyer immediately after weighing.
(c) All livestock other than cattle sold on a liveweight basis are at the risk and expense of the buyer upon the fall of the hammer.
18. (a) Subject to this clause the sale is complete on the fall of the hammer.
(b) The time for rejection is the time commencing at the fall of the hammer and ending at the first of:
(i) delivery is taken by a representative of the buyer; (ii) departure of the animal from the purchaser’s delivery pen; or (iii) one hour after the last animal is: a. in the case of pre-sale weighing, sold; or b. in the case of post-sale weighing, weighed.
(c) During the time for rejection the buyer may reject any animal which is lame, blind or diseased where that condition existed prior to the fall of the hammer but could not be reasonably observed when the animal was in the selling pen.
(d) If the purchaser rejects an animal during the time for rejection then the sale of that animal is cancelled and the animal is returned to the vendor or sold on such terms as any buyer and the agent may agree, after the agent has disclosed the reason for rejection to that buyer.
(e) This sub-clause applies only to cattle which are sold in Queensland at auction for slaughter. The agent has responsibility for the prevention of loss or escape (but not death, sickness or injury) of those cattle from the time of the fall of the hammer, through delivery to and from the scales, to the buyer’s delivery pen and on to the buyer’s nominated transport. This responsibility ends at the earlier of those cattle boarding the buyer’s nominated transport or sunset on the day after the sale. This sub-clause does not apply if the agent makes an announcement to that effect prior to sale.
19. (a) Subject to the right of rejection in Clause 18, all conditions and warranties expressed or implied by law are hereby excluded from the sale to the extent that the law allows. All lots are open for inspection prior to the commencement of the sale and are sold with all faults, if any. No compensation shall be given for any faults, imperfections, errors of description, number in or of any lots sold or otherwise.
(b) Any claim or objection arising out of an error or misdescription in the provision of relevant information in terms of legislation or regulation concerning the National Livestock Identification Scheme (NLIS) must be made by 5:00pm on the seventh day after the fall of the hammer. No objection, requisition or claim against the vendor or agent in respect of such error or misdescription can be made after that time.
(c) Any statements made by the vendor or the auctioneer whether in writing or orally to the effect that any female has been pregnancy tested or scanned positive shall mean and require only that a certificate in writing shall be supplied to the buyer signed by a qualified veterinary surgeon or certified scanner certifying that the said female has been tested or scanned on the date specified in the certificate and that in the opinion of the surgeon or scanner the female was pregnant on that date.
(d) For cattle, the agent undertakes to make every reasonable effort to ensure that any NLIS cattle device number is transferred from the saleyard account to the purchaser’s account on the NLIS database no later than midnight on the day of the sale.
(e) Where livestock have a food safety or market eligibility status derived from the NVD and/or the NLIS/ERP database, the agent will inform the buyers by presale catalogue in conjunction with vendor branding and/or announce the status prior to the offering of those lots.
20. If delivery is made to, or possession obtained by, the buyer or its representative before full payment of the Price, then until full payment is received, the buyer:
(a) does not acquire title to the livestock;
(b) holds the livestock as bailee only for the vendor;
(c) must act in a fiduciary capacity in its relationship with the vendor;
(d) must store the stock separately or so that they are readily distinguishable from other livestock owned by the buyer;
(e) is responsible for the safety and well being of the livestock;
(f) may make a bona fide sale for market value of any or all of the livestock. As between the buyer and the subsequent buyer, the sale shall be made by the buyer in its own name and not as agent for the vendor, however as between the vendor and buyer, the sale shall be made as bailee and agent for the vendor; and
(g) must keep and account for the proceeds of any subsequent sale separately from its other money and hold those proceeds, together with the benefits of any rights against subsequent buyers, on trust for the vendor.
21. In addition to clause 20, if payment is not made according to clause 15, but delivery has been made to, or possession obtained by, the buyer or its representative: (a) The vendor or its agent may repossess and resell the livestock and enter property owned or occupied by the buyer or its representative if necessary to do so; and
(b) Interest may be charged at the rate usually charged by the agent for overdue accounts on any amounts which remain owing at any time.
22. The buyer may not make any claim against the vendor for actions by the vendor or its agent under clauses 20 or 21 and indemnifies the vendor and its agent against any loss, damage, costs, expenses, penalties, fines or claims suffered by the vendor, the agent or any person or entity arising from the vendor exercising its rights under clauses 20 or 21.
23.1. Clause 23 applies whenever the agent pays the vendor before being paid by the buyer, which the agent is not bound to do. The agent is then the del credere agent of the vendor at law.
23.2. The vendor hereby gives notice to the buyer of the assignments referred to in clause 23.3.
23.3. When this clause applies, in addition to any rights of the agent that arise by operation of the law, the parties agree that, subject to clause 23.6 the agent is subrogated to all rights of the vendor under these terms and conditions against the buyer.
23.4. Title to the livestock does not pass to the agent or a nominee of the agent unless the agent, by written notice to the vendor, notifies the vendor that it is to be transferred to the agent or a nominee of the agent.
23.5. The vendor acknowledges that the agent may take enforcement, repossession or other action to recover any livestock for which the buyer has not paid in full, or the Price of such livestock, owing by the buyer under these terms and conditions: (a) when this clause does not apply, as agent of the vendor (including by reselling the livestock); and (b) when this clause applies, on the agent’s own behalf exercising the rights of the vendor by subrogation or assignment under these terms and conditions (whether in the vendor’s name or not) and, where title to the livestock has not passed to the agent, by selling the livestock as agent of the vendor without the agent having to account to the vendor for the proceeds of sale.
23.6. The agent may at any time, assign, transfer, securitise or otherwise dispose of all or any of its rights under these terms and conditions and any debts created pursuant to it (including, without limitation, the rights assigned to it under clause 23.3).
23.7. The vendor hereby irrevocably appoints the agent as the vendor’s attorney to: (a) do at any time and in any manner as the agent thinks fit all acts necessary or desirable to perfect or improve the rights and interests afforded, or intended to be afforded, to the agent under these terms and conditions; and (b) appoint one or more sub-attorneys to do anything that the agent may do as the vendor’s attorney.
23.8. These terms and conditions do not render the agent liable to the buyer as vendor nor entitle the buyer to set off against the agent any right the buyer may have against the vendor or otherwise.
23.9. The buyer acknowledges that the provisions of this clause 23 are intended solely for the benefit of the agent (and its assigns) and the vendor. The liabilities and obligations of the buyer will not be in any way affected: (a) by this clause 23, other than as it expressly provides; or (b) by the failure of the agent or the vendor or either of them to comply with the terms of this clause 23.
23.10.The buyer must pay all amounts payable to the vendor or the agent under these terms and conditions without any deduction, withholding, set off or counterclaim whatsoever, whether the benefit of a deduction, withholding, set off or counterclaim is alleged to exist in favour of the buyer as against the vendor or the agent in any capacity whatsoever or any other person including any assignor of the vendor’s or the buyer’s interests under these terms and conditions.
24. (a) The agent agrees that he is liable to pay to the vendor the Price, less such commission as is agreed between the vendor and the agent, and in the absence of any agreement such amount as is reasonable, and less the Fees that are payable by the vendor that were incurred by the agent on behalf of the vendor in relation to the sale of the livestock.
(b) In the event that the buyer pays the Price or part of it direct to the vendor then the agent has no liability to the vendor for the amount of such payment. Further, if the agent pays the vendor any amount which the buyer also pays direct to the vendor in respect of the same livestock, then the vendor must repay the agent that amount and the agent may debit that amount to an account held in the name of the vendor by the agent.
(c) Regardless of whether or not a sale has occurred the agent may, but is not under obligation so to do, instead of deducting payments owed to it by the vendor, debit the amount of the commission and fees to an account held in the name of the vendor by the agent.
25. (a) The auctioneer has been retained by the vendor as auctioneer for the purpose of selling the livestock comprised in the lots. The terms of engagement between the auctioneer and the vendor do not extend to the provision of advice by the auctioneer to the vendor in relation to the safety or otherwise of the sale ring, the saleyards and the surrounding environments.
(b) The vendor, the agent and the buyer agree to comply with their several duties under the Australian Welfare Standards and Guidelines for the Land Transport of Livestock and further to consign, manage, receive, transport and treat livestock in accordance with any other or additional requirements of animal welfare legislation specific to the State or States in which livestock are consigned, managed, received, transported and treated in the course of the auction process.
CHAPTER THREEVENDOR WARRANTY FOR CORRECT PRESENTATION AND DECLARATION
26. This chapter applies only in the case of livestock and their companion animals sold at auction for slaughter when the buyer is the slaughterer and
the livestock are transported direct from the sale yard to the meatworks at which they are slaughtered. This chapter does not apply if the buyer is a trader who subsequently resells the livestock to a slaughterer. A slaughterer is any person who pays the AMPC Processor levy.
27. The warranty of a vendor is that livestock and their companion animals offered for sale at auction:
(a) pass DAFF and other regulatory authority requirements and inspections at the time of slaughter; (DAFF refers to Federal Government Department of Agriculture, Fisheries and Forestry); (b) are of merchantable quality;
(c) carry an NLIS device in accordance with State law; (d) in the case where a representation has been made in the pre-sale catalogue that the livestock have particular characteristics or are fit for a particular purpose or market, and such representations are based on information in the National Vendor Declaration, the livestock will have those characteristics or will be fit for the particular purpose or market; and (e) all information in any National Vendor Declaration provided by the vendor is true, complete and correct in all material respects.
28. In the event of a breach by the vendor of the vendor’s warranty and provided such breach is notified by the buyer to the agent by 5:00pm on the 7th day after the fall of the hammer then the buyer is not liable to pay the portion of the Price of such of the vendor’s livestock to which the breach applies.
29. However if the breach by the vendor is such that the livestock are not rejected outright but are instead downgraded then the buyer will pay the value of the livestock at their next highest and best use.
30. In the case of a breach by the vendor of the vendor’s warranty then the vendor will also be liable to the buyer for any further losses which the buyer might establish but the buyer will take all reasonable steps in co-operation with the agent and vendor to mitigate both the effect of the breach and the amount of any loss.
31. Where a sentinel animal of a lot tests positive for chemical residue, or foreign material contamination and provided such test is certified and notified as required by these vendor warranty terms, then:
(a) the buyer will be entitled to delay payment for the price of all livestock in that lot; or
(b) the vendor has the option, at the vendor’s cost, of collecting the companion animals and returning them to the vendor’s property; or of having the livestock slaughtered in which event the risk of further condemnations will be that of the vendor. Where product integrity is potentially jeopardised, the Processor has the right to refuse slaughter and send the livestock back to the consigning property at the vendor’s cost.
32. The auctioneer is liable to the buyer in respect of any breach of the vendor’s warranty arising out of:
(a) any error, by the auctioneer, of transcription of information from the National Vendor Declaration completed by the vendor to the pre-sale catalogue or the buyers post-sale summary;
(b) any failure by the auctioneer to notify the buyer, prior to bidding, of any breach by the vendor of the warranty of the vendor if the buyer establishes that the agent knew of such breach prior to the sale; and
(c) any failure by the auctioneer to disclose prior to bidding, and in the presale catalogue, that the vendor has failed to provide a National Vendor Declaration that is complete in all material aspects.
CHAPTER FOUR - OWNERS RISK FOR CONDITION OF CATTLE
33. This chapter applies only in the case of cattle and their companion animals sold at auction for slaughter when the buyer is the slaughterer and the cattle are transported direct from the sale yard to the meatworks at which they are slaughtered. This chapter does not apply if the buyer is a trader who subsequently resells cattle to a slaughterer. A slaughterer is any person who pays the AMPC Processor levy.
34. Owners risk reflects the producer’s responsibility to provide slaughter cattle for sale that are fit for human consumption. Cattle are fit for human consumption if they are not condemned as unfit by AQIS. Owners risk applies if the condemnation is due to a condition in the animal which the buyer establishes, by the AQIS certificate, existed prior to the fall of the hammer.
35. A buyer with the benefit of owners risk protection is not liable to pay the Price of that animal to the vendor. The buyer remains nevertheless liable for all costs incurred after the fall of the hammer in transport, slaughter, testing and disposal of the animal.
36. Owners risk protection is available to the buyer of cattle to which this chapter applies if all of the following are satisfied:
(a) a certificate is issued by AQIS which states the relevant NLIS RFID tag number and PIC, the date of the certificate, the reason for condemnation and that the reason for condemnation existed prior to the fall of the hammer;
(b) the certificate is received by the selling agent either in its original form or by fax by 5:00pm on the 7th day after the fall of the hammer; and (c) if the condemnation is due to chemical residue the certificate follows testing in an AQIS approved laboratory which establishes maximum residue limits in excess of the Australian limit.
37. Owners risk does not apply, and the buyer must pay for the cattle, if the reason for condemnation is any of the following:
(a) bruising, (b) fever, (c) partial condemnation, or (d) emaciation.
CHAPTER FIVE - NOTICES REQUIRED BY STATE LEGISLATION
NSW Legislation
Property, Stock and Business Agents Act 2002 Warnings
Penalties for collusive practices. It is an offence against the Property, Stock and Business Agents Act 2002 for a person to do any of the following as a result of a collusive practice, or to induce or attempt to induce another person by a collusive practice to do any of the following:
(i) to abstain from bidding; or
(ii) to bid to a limited extent only; or
(iii) to do any other act that might prevent free and open competition.
Severe penalties may be imposed on persons convicted of collusive practices.
The auctioneer has the right to make one bid on behalf of the vendor if the auctioneer clearly and precisely announces that fact prior to the sale.
Tasmanian Legislation
The auctioneer must not appear to acknowledge a dummy bid. A buyer must not give, agree to give or offer a gift or other consideration to a person for abstaining from bidding and a person must not accept any gift or consideration for abstaining from bidding.
A person must not participate in collusive practices by way of making or receiving an unlawful promise to abstain from bidding, not to bid except to a limited extent or do any other thing which may prevent free and open competition.
Western Australian Legislation - Auction Sales Act 1973 s31 NOTICE
It is an offence to:
(i) induce or attempt to induce another person to abstain from bidding by means of a promise, expressed or implied, that the other person will have the right to elect to take over as buyer or to toss or draw lots to establish who is to become the owner;
(ii) abstain or agree to abstain from bidding as a result of such a promise;
(iii) knowingly enter or permit or cause to be entered in the auctioneer’s record any name other than that of the actual successful bidder;
(iv) enter in the auctioneer’s record the name of the buyer other than that of the actual successful bidder; or
(v) in the case of successful bidder supply wrong information as to the name of the buyer to the auctioneer or to any person, firm or corporation on whose behalf the sale is conducted.
The vendor, or any person on behalf of the vendor, or the auctioneer have the right to make no more than three bids.
Lot
