Effective
From: November 1 2003
TOORAWEENAH
PRIME LAMB MARKETING CO-OPERATIVE (TPLMC)
Operator
of the auction system known as e-lamb©
PART
1: GENERAL CONDITIONS
1.1
Operating Conditions bind all users
1.2 Variation of Operating Conditions
1.3 Use of AUSMEAT Language
PART
2: CONDITIONS OF REGISTRATION
2.1
Application for registration
2.2 Registration for e-lamb
2.3 Notice of change in particulars
2.4 Conditions for registration of purchasers
2.5 Connection to e-lamb System
2.6 Copyright in e-lamb System
2.7 Publication and confidentiality of data
2.8 Indemnities by registered users
2.9 Malfunction of e-lamb System
2.10 Variation of e-lamb System
2.11 Termination of registration
2.12 Consequences of termination
PART
3: CONDUCT OF AUCTION
3.1
Conduct of auction
3.2 Bidder as a principal
3.3 Making a bid
3.4 Withdrawal of bids
3.5 Disputes about bidding
3.6 Purchaser
3.7
Passed in loads
PART
4: ASSESSMENT OF LOTS FOR SALE
4.1
Assessment of lots
4.2
Identification of lots
PART
5: CONDITIONS OF SALE
5.1
Conditions of Sale apply to all sales
5.2 Maintenance of lot
5.3 Variation of composition of lot
5.4 Delivery of load
5.5 Costs of transport
5.6 Title and risk
5.7 Slaughter of load
5.8 Time for slaughter
5.9 Delay in slaughter beyond purchaser's control
5.10 Condemnation
5.11 Adjustments
PART
1: GENERAL CONDITIONS
1.1
Operating Conditions bind all users
All
users of the e-lamb System are bound by these Operating
Conditions.
1.2.
Variation of Operating Conditions
1.2.(i)
TPLMC may by notice on the e-lamb system setting out the
variations, vary these Operating Conditions.
1.2.(ii)
A variation has effect from the date specified in the
notification.
1.3
Use of AUSMEAT Language
All
livestock sold through the e-lamb System must be described,
and all assessments, carcase measurements and kill data
used in the e-lamb System must be based on the AUSMEAT
Language.
PART
2: CONDITIONS OF REGISTRATION
2.1
Application for registration
A
person who desires to use the e-lamb System shall become
a registered user and shall apply to TPLMC to become a
registered user by completing and submitting an application
in the designated format.
No
person, other than a Meat Processing Company or their
designated buyer will be able to register or bid on the
e-lamb site.
2.2
Registration for e-lamb
2.2.(i)
TPLMC may accept or reject an application as it sees fit,
and may accept an application subject to such conditions
as it sees fit to impose, and may from time to time revoke,
renew or vary the conditions as it sees fit.
2.2.(ii)
TPLMC may require further particulars (whether or not
required by the designated form of application) before
determining whether to accept or reject an application,
or in relation to the continuing registration of a registered
user.
2.2.(iii)
Where TPLMC rejects an application, it will not be required
to give reasons.
2.3
Notice of change in particulars
A
registered user shall give notice in writing to e-lamb
of any change in the particulars supplied in relation
to registration within seven (7) days of the change occurring.
2.4
Conditions for registration of purchasers
A
registered user operating as a purchaser who slaughters
livestock sold through the e-lamb System shall:
2.4.(i)
ensure the livestock are slaughtered in accordance with
the AUSMEAT Language by -
having the livestock slaughtered at an AUSMEAT accredited abattoir; or
having the slaughter of the livestock monitored by AUSMEAT for a fee,
payable by the purchaser, determined by AUSMEAT from time
to time;
2.4.(ii)
permit TPLMC members to attend and observe the slaughter
of the livestock;
2.4.(iii)
supply a copy of the recognised kill sheet incorporating
the carcase measurement (ie weight and fat scoring), kill
data and skin prices for each separate lot on the load
to TPLMC within 24 hours of slaughter. TPLMC reserves
the right to investigate and verify kill sheet information.
2.4.(iv)
pay invoiced amount within 12 days of kill date, by electronic
transfer to TPLMC. TPLMC to raise tax invoice based
on kill sheet information supplied by purchaser.
2.5
Connection to e-lamb System
2.5.(i)
TPLMC will give each registered user who communicates
with the e-lamb System by a terminal, a user identification
code and user-id, and the facility to establish a confidential
password.
2.5.(ii)
A registered user shall use his user identification code
and his password to communicate with the e-lamb System
and will be unable to gain access to the e-lamb System
if he fails to do so.
2.5.(iii)
A registered user shall keep his user identification code
and his password confidential and observe any security
instructions given by e-lamb, and for his own protection
should immediately give notice in writing to e-lamb of
any improper disclosure or use of his user identification
code or his password.
2.5.(iv)
A registered user is bound by any transaction using his
user identification code and his password unless he has
previously given e-lamb notice in writing requesting cancellation
of his user identification code or his password.
2.6
Copyright in e-lamb System
TPLMC
is the absolute beneficial owner of the e-lamb System
and of the copyright and all other rights in the nature
of copyright and all other intellectual property rights,
in the e-lamb System and in the designated forms and manuals.
2.7
Publication and confidentiality of data
Each
purchaser authorizes the inclusion of summaries of carcase
measurement and kill data and summaries of sales in market
reports or any other reports compiled by TPLMC.
2.8
Indemnities by registered users
Each
registered user shall keep TPLMC indemnified against all
claims made against TPLMC by any person in respect of
any transaction entered into by the registered user, whether
as a principal or an agent, through the e-lamb System
or by a negotiated sale.
2.9
Malfunction of e-lamb System
TPLMC
is not liable to any registered user for any malfunction
of or break down in the e-lamb System or for any non-receipt,
non-transmission or loss of data by the e-lamb System,
whether caused or contributed to by any negligent or other
act or omission of TPLMC or its employees, contractors
or agents or of any registered user.
2.10
Variation of e-lamb System
TPLMC
may vary any of the functions of the e-lamb System or
any hardware or software included in the e-lamb System,
but will not be liable to any registered user for any
change in functionality, performance or specifications
by reason of any such variation.
2.11
Termination of registration
TPLMC
may give notice terminating the registration of any registered
user who -
2.11.(i)
fails to comply with any provision of these Operating
Conditions;
2.11.(ii)
being a natural person, becomes insolvent or under administration;
2.11.(iii)
being a natural person, has been convicted of an offence
or has an offence proved against him whether for breach
of any Act or otherwise; or
2.11.(iv)
being a corporation, is wound up or has a provisional
liquidator appointed or has a receiver or receiver and
manager of any of its property appointed or has an official
manager appointed.
The
termination will take effect from the date specified.
2.12
Consequences of termination
Upon
termination of the registration, all rights of the registered
user under these Operating Conditions cease but he remains
liable for any unpaid fees (whether or not invoiced),
for any debt, liability or obligation incurred in relation
to any sale, and for any claim arising from failure to
comply with these Operating Conditions.
PART
3: CONDUCT OF AUCTIONS
3.1
Conduct of auction
TPLMC
shall control and be responsible for the conduct of the
auction on behalf of its members.
Purchaser
shall bid on entire load listed. Lots within a load are
not for sale separately.
3.2
Bidder as a principal
3.2.(i)
Subject to sub-clause 3.2.(ii), a bidder is deemed to
be bidding as a principal.
3.2.(ii)
Any person who seeks to bid as an agent shall disclose
such agency and the identity of his principal prior to
the sale.
3.2.(iii)
Should a purchaser fail to adhere to the provisions of
sub-clause 3.2.(ii), he shall be deemed to be the purchaser
and as such, responsible for payment of the load.
3.3
Making a bid
A
bid made through the e-lamb System is only made when it
is recorded in the e-lamb System and has been accepted
by the system.
3.4
Withdrawal of bids
A
bid made through the e-lamb System may not be withdrawn.
3.5
Disputes about bidding
If
there is any dispute about the bidding, TPLMC is the sole
arbitrator and the decision is final.
3.6
Purchaser
The
person who makes the highest bid that is equal to or above
the reserve price and that is accepted by TPLMC, will
be the purchaser.
3.7
Passed in Loads
3.7.(i)
A load will be passed in when, at the completion of
the auction for that load, the highest bid is less than
the reserve on that load.
3.7.(ii)
Where a load is passed in, the person who makes the
highest bid may negotiate with TPLMC at the close of auction
in a bid to obtain the load.
PART
4: ASSESSMENT OF LOTS FOR SALE
4.1
Assessment of lots
Where
a lot is submitted for sale by auction, the assessment
shall –
4.1.(i)
be made on the designated form
4.1.(ii)
be completed not more than 14 days before date of auction
for adult sheep and not more than 7 days before the auction
date in the case of lambs and hoggets.
4.1.(iii)
be made by an accreditated assessor of TPLMC. All assessments
are subjective and conducted in good faith in accordance
with AUSMEAT standards.
4.2
Identification of lots
4.2.(i)
For a lot assessed on an individual animal basis, all
sheep/lambs in the lot shall during the assessment, be
clearly identified by a tag or colour brand approved by
TPLMC or by any other suitable method described in the
assessment.
4.2.(ii)
All sheep/lambs included in a lot assessed on a group
basis shall at the time of delivery, be clearly identified
by a tag or colour brand approved by TPLMC or by any other
suitable method described in the assessment.
PART
5 : CONDITIONS OF SALE
5.1
Conditions of Sale apply to all sales
All
sales of sheep/lambs made through the e-lamb System shall
be subject to these Conditions of Sale.
5.2
Maintenance of lot
TPLMC
shall ensure maintainenance of the lot from the time of
assessment until the time of delivery.
5.3
Variation of composition of lot
TPLMC
may deliver between 95% and 105% of the number of head
listed for sale.
5.4
Delivery of load
5.4.(i)
Delivery of load to be arranged by TPLMC for one day prior
to kill date
5.4.(ii)
At the place of delivery and on the date of delivery TPLMC
shall deliver and the purchaser shall take delivery of
the load.
5.4.(iii)
If TPLMC for reasons beyond its control and after taking
all reasonable steps to deliver the lot by other available
means is unable to deliver the lot on the date of delivery
or any later date that the purchaser is prepared to agree
to, TPLMC may rescind the contract. Where the contract
is rescinded the purchaser will not have any claim against
TPLMC in respect of the rescission.
5.5
Costs of transport
5.5.(i)
TPLMC shall bear all costs of transporting the load to
the place of delivery, within 600 kilometres of first
pickup point, after that the purchaser will bear the balance
of the transporting costs.
5.5.(ii)
The purchaser shall bear all costs of transporting the
load from the place of delivery (including the cost of
transport to incorrect destinations).
5.6
Title and Risk
5.6.(i)
As the sale is on a carcase basis, the carcase will be
at the purchaser's risk at the place and time when the
carcase is weighed over the abattoir scales.
5.6.(ii)
Title to and property in the load will not pass to the
purchaser until the full purchase price for the load has
been paid and if, prior to payment of the full purchase
price, the purchaser or his agent takes possession of
the load, the purchaser or his agent must not dispose
of or deal with it in any manner inconsistent with TPLMC’s
title.
5.7
Slaughter of load
The
purchaser shall -
5.7.(i)
pay and bear the costs of slaughter; and
5.7.(ii)
issue and sign or ensure that the abattoir issues and
signs a stock delivery note in the designated form as
evidence of receipt of the load at the abattoir and disclosing
any discrepancy in the number of animals and any other
matter that might reasonably be expected to result in
a claim.
5.8
Time for slaughter
The
purchaser shall take all reasonable steps to ensure that
the load is slaughtered within 24 hours after receipt
of the load at the abattoir
5.9
Delay in slaughter beyond purchaser's control
If
for reasons that the purchaser proves were or are beyond
his control, the load is not slaughtered or will not be
slaughtered within the period required under clause 5.9,
the purchaser shall immediately notify TPLMC, and TPLMC
and the purchaser may agree on one of the following courses
of action -
5.9.(i)
complete slaughter of the load within 24 hours of the
end of the period required under clause 5.9; or if that
is not possible
5.9.(ii)
the load will be kept at the abattoir and maintained until
slaughter and the costs of maintaining the load will be
borne by the purchaser and the load will be paid on original
assessment unless any other course of action is agreed
to by TPLMC and the purchaser.
5.10
Condemnation
Where
a carcase is partially condemned -
5.10.(i)
TPLMC will receive no return for the condemned part except
as provided for in paragraph (iii) of this sub-clause;
and
5.10.(ii)
the part not condemned will be priced at the average of
the remainder of the lot; and
5.10.(iii)
where the carcase is partially condemned as a result of
any act or omission occurring in or in connection with
the slaughter process, the purchaser shall pay for that
part of the carcase partially condemned at the price paid
for the remainder of the carcase.
Where
a carcase is totally condemned -
5.10.(iv)
the purchaser shall pay and bear the costs of slaughter
and shall provide TPLMC with a copy of the certificate
of condemnation; and
5.10.(v)
where the carcase is totally condemned as a result of
any act or omission occurring in or in connection with
the slaughter process, the purchaser shall pay for the
condemned carcase at the average of the remainder of the
lot.
5.10.(vi)where
the animal is condemned post mortem, TPLMC shall be reimbursed
for the skin value of the condemned animal at the same
rate as the remainder of the lot
5.11
Adjustments
5.11.(i)
The purchaser may seek price adjustment for seed damage
to the carcases.
Claims
to negotiate a price adjustment for seed damage to the
affected carcases shall be submitted to TPLMC within 24
hours of the slaughter of the lot. TPLMC is able to inspect
carcases prior to price negotiation for seed damage.
Puchaser may claim up to a maximum of 15% of the bid price
per kg for affected carcases on the following basis:
Light seed - 5%
Medium seed - 10%
Excessive seed- 15%
5.11.(ii)
The purchaser may seek a price adjustment of up to 40%
of the value of the meat where dentition is incorrectly
assessed in a lot listed as lamb.