The Donaldson Family is excited to welcome you to our annual Bull Sale.
WELCOME
2024 has seen another up and down year in the weather which has correlated to the cattle market. Cattle that can survive and thrive, cattle that have marketability, predictability and constitution that are ready to take advantage of short sharp rises in the market is why we continue to choose Droughtmaster and Beefmaster.
Commercially orientated with seed stock sense sums up our herd. We strive to breed commercially focused bulls that exhibit constitution, correctness, efficiency and longevity whilst maintaining balance within growth and fertility.
The installation of our Vytelle Growsafe system at the start of this year was an exciting addition to our production program. This year we are proud to present feed efficiency data, that is, feed being consumed versus weight gained for an individual animal for say we can establish which individuals gain the most weight by eating the least amount of feed. We have identified this as being one of the major profit drivers going forward and look forward to our clients being able to utilise this data to help increase their herds profitability.
We are proud of this year’s lineup of two-year-old bulls. The consistency, correctness and preparation of the 2024 bulls has been up to Donaldson Family standards. We have received solid feedback from clients and attendees from the 2023 Donaldson Family sale and look forward to offering bulls of a similar standard in 2024.
Regards, The Donaldson Family
SALE INFORMATION
Inspections
We recommend and welcome inspections of all bulls at “Craigywarren” Capella any time prior to the sale by arrangement with Brenten Donaldson 0417 070 376 or Georgie Connor (GDL) 0428 347 550
And at “Medway” Bogantungan from Wednesday 25th September.
Selling Agents
GDL: Georgie Connor 0428 347 550 | Josh Heck 0409 732 676
Rebates
An outside agent rebate of 4% will be paid to outside agents (at the vendor’s discretion) who nominate approved buyers in writing 48 hours prior to the sale. Agents are expected to accompany them at the sale and settle on their behalf within 14 days.
Delivery and after sales
Delivery will be given at “Medway” following the sale. The vendor agrees to hold cattle free of charge for a period not exceeding 14days following the sale. All care taken but no responsibility held, vendor recommends insurance of their purchases. All lots will pretreated for ticks to allow immediate delivery. We will endeavor to make delivery of your bulls as easy as possible for you, with free delivery to Barcaldine, Emerald, Clermont and Springsure.
Health
While our bulls are vaccinated with 7 in 1, 3 Germ Blood and Botulism as of 28/10/2023 they will require annual boosters. It is imperative that you continue your own vaccination schedule annually to ensure the continued health of your bull.
All Lots are Pompes free and have been pretreated for ticks.
Scanning
Scanning for EMA, P8, Rib fat and IMF will be conducted by David Reid and will be available on our website and social media closer to the sale or by contacting the vendor or sale agent.
Semen and Fertility
Every care has been taken to ensure the health, fertility and longevity of all the bulls. Post weaning all bulls are made to graze unassisted for an extended period before going onto a low slow silage feed ration, meaning you won’t see any bulls presented ‘over done’. All bulls are semen, morphology and motility assessed by John Chapman, SEQ Genetics. Vendor guarantees all bulls fertile at the fall of the hammer.
Accommodation
Accommodation is available in Emerald, Sapphire, Springsure and Alpha.
Getting to “Medway”
Approximate Travel Times
Emerald – Medway 1hr 15mins
Alpha – Medway 1hr
Clermont – Medway 2hrs
Capella - Medway 1hr 45 mins
Springsure - Medway 1hr 45mins
85 km
Clermont 168 km
HOW TO REGISTER with
Follow these easy steps to start bidding:
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Select the bid icon beside the sale you wish to bid on.
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Existing users, follow steps 1 & 2, select login, enter your details followed by the request to bid icon beside the sale you wish to bid on and then accept the terms.
On Sale Day, follow steps 1 & 2, select enter auction to watch, listen and purchase when the sale is flashing LIVE.
Invoicing and delivery will be carried out as per your registration details by the respective Selling Agents.
REFERENCE SIRES
Medway Boston
Boston enters his 5th season at Medway and continues to impress. A moderate framed PP sire that has muscle and thickness maturing to 1100kg. Highly virile and a real dominate force in the paddock, he doesn’t miss! Small calves with rapid growth.
Sire of Lots 22, 40-42, 48, 50, 55, 63-65
Western Red Maxi
Purchased in 2020 at the Artesian Sale in Blackall, selected for his evenness, balance, sire line and extra length. Consistent producer of stylish, balanced offspring with impeccable temperament and extra length, about to enter his 5th season in some of our harsher country maturing to 950kg.
Sire of Lots 16, 39, 46, 49, 56
Rondel Toohey
A Rondel Preston son purchased in 2017 at Outback Invitational sale Longreach. A sire that has added skin, bone and extra growth to our operation. Two sons of Tooheys have been retained in Dalby (2020) and Gold Rush (2024) to enhance the predictability and performance of the Tooheys / Preston blood lines in the Donaldson Family Genetics. A stand out PP sire in our herd that matured to 980kg.
Sire of Lots 4, 36, 37, 45
Medway Eric Retained son of Boston
Medway Gold Rush Retained son of Rondel Toohey
REFERENCE SIRES
DB Agyle
The first retained son of the everconsistent WB Solutions. Argyle displayed ample bone, squareness and an impeccable temperament with a great clean coat type. This is his first drop of calves and they have exceeded all expectations showing genuine commercial relevance.
Sire of Lots 71, 76, 77, 78, 79, 81, 91
WB Solution (IMP USA)
Hand Picked from the Collier Farms sire ranks in 2018. Has tremendous bone, thickness and squareness. Has consistently been breeding extremely quiet, easy to hand females that have shown next level femineity, over 90% yearling preg rates for the last three years.
Sire of Lots 70, 73, 82, 83 and 84
Logan (IMP USA)
A larger framed, later maturing style bull that definitely has the runs on the board when it comes to breeding on. Look at any successful pedigree in the Beefmaster breed in the USA and ‘Logan’ will be there. Breeds lovely length and style into his females with beautiful correct udders.
Sire of Lots 74, 75 and 90
Bravado (IMP USA)
A masculine, big barrelled powerhouse who has stamped his consistency across Collier Farms and the industry alike. Super thick, super long and ranked in the top 2% for low birthweight.
Sire of Lots 72, 80, 85, 86, 87 and 88
FEED EFFICIENCY
Feed conversion efficiencies are a primary profit driver in any beef business the only other comparable effect is fertility and weaning rates.
Identification of efficiency seed stock bulls to use in your herd can have a major effect on your herds bottom line especially over an extended period.
How is feed conversion calculated...
8 high-tech bins are mounted on electronic weigh-cells that take 1000 readings every three seconds. They use RFID-ear tag readers to record when each individual animal is eating and the amount of feed each animal consumes. The in-pen weigh cells are installed near water troughs. The technology measures partial body weight, collecting up to 500 individual weights on each animal in a single day. An algorithm based on breed, sex and age then calculates a ‘live weight’ daily. Individual daily weights of feed and water intake verse actual weight gain is collected and correlated over a 50-day period. This data is then compared to others within the group. This figure is called a conversion ratio score and is expressed either under or over the group average. The group average is always expressed as 0.
RFI: residual feed intake, RFI, is a measure of feed efficiency calculated as the difference between the animal’s actual feed intake and its predicted feed intake, for a given level of production. When RFI is used as a genetic selection tool, the resulting progeny will consume less feed for the same level of production. RFI is independent of growth, body size and other performance traits (Koch et al., 1963), selection for animals with low RFI will lead to reduced feed intake and improved feed efficiency without compromising body size, carcass quality or growth. Lower RFI values are more favorable, cattle with low RFI values are more efficient than cattle with high RFI values.
Please be aware that a negative RFI ratio score is higher than a positive score. For example, the group average is expressed as 0, a bull with a -0.8 is better than a +0.8.
RADG: residual average daily gain, the difference between an animal’s actual weight gain and its predicted gain based on its dry matter intake, body weight maintenance and fat cover. Although the concept of RADG appears to be similar to RFI as they both contain the same or similar components, the two concepts work in very different ways. Residual average daily gain puts each animal’s feed intake on the same playing field and looks at differences in average daily gain while RFI puts each animal’s growth and body size on the same playing field and looks at differences in feed intake. When selecting for RADG, cattle with higher values are more desirable than those with lower values, meaning that they had greater ADG for the same amount of feed. This measure is not independent of body size so caution should be used if mature cow size is important to your herd.
Please be aware that a positive RADG score is more favourable than a negative score. For example, the group average is expressed as 0, a bull with a +0.8 is better than a -0.8
Bulls cannot be compared across trial groups. There is a substantial difference between trial groups, for example: animal maturity levels, weather and differences in feed rations. It is important not to compare one trial group to another trial group.
LOT 2 - MEWAY GOOD BULL AI (PP)
LOT 5 - MEDWAY FRIZZLE (H)
LOT 4 - MEDWAY GOLD NUGGET (PP)
LOT 6 - MEDWAY GLUE SNIFFER (P)
LOT 1 - MEDWAY FULLER (H)
LOT 18 - MEDWAY 2026 (H)
LOT 13 - MEDWAY GREY AREA (P)
LOT 12 - MEDWAY 2206 (PP)
LOT 24 - MEDWAY 1340 (PP)
LOT 15 - MEDWAY GREY MATTER (PP)
SALE LOTS DROUGHTMASTER
YARALLA MINT (H) D5
SIRE: GLENAVON TARZAN (H) NR2162901M D5
GLENAVON 1454 (H) D4
MEDWAY VENTURESOME (P) D5
DAM: MEDWAY DANIQUE (P) D5
MEDWAY BELMIRA (P) D5
FAIRHAVEN HERCULES (S) D2
SIRE: GLENLANDS VINTAGE (P) U9C1614654M D3
GLENLANDS SERENE (P) D5
MEDWAY ULOGIE (P) D5
DAM: MEDWAY DEPENDENT (P) D5
MEDWAY UNOBSERVED (D) D5
MEDWAY TIREE (S) D5
SIRE: MEDWAY XCHEQUER (P) TMC16556M D5
MEDWAY VALORA (P) D4
DAM: PUREBRED DROUGHTMASTER COW
LOT 4 MEDWAY GOLD NUGGET (PP)
28/7/2022
RONDEL PRESTON (P) D4
SIRE: RONDEL TOOHEYS (P) ANA154756M D5
RONDEL 3425 (P) D5
MEDWAY RANFURLEY (S) D5
DAM: MEDWAY WONDA (P) D5
MEDWAY UNTITLED (D) D5
GLENLANDS SADDLER (P) D5
SIRE: MEDWAY AKIVA (P) TMC17683M D5
MEDWAY SARANANNA (D) D5
MEDWAY PAGEL (P) D5
DAM: MEDWAY ZEE (P) D5
MEDWAY 14147F (D) D5
1/10/2022
MEDWAY VETERAN (P) D5
SIRE: MEDWAY CHOOSE (HP) TMC19152M D5
MEDWAY XYA (D) D5
MEDWAY SHAKE HANDS (P) D5
DAM: MEDWAY DURGA (H) D5
MEDWAY 14331F (P) D5
Purchaser
Purchaser
12/3/2022
YARALLA OLAF (H) D5
SIRE: YARALLA TENNYSON (H) D5
YARALLA 94/1 (H) D5
MEDWAY QUEENSLANDER (P) D4
DAM: MEDWAY BOBBIE JOE (P) D5
MEDWAY ROZ (D) D5
16/9/2022
GLENLANDS RANDWICK (P) D5
SIRE: GLENLANDS UNOCCUPIED (P) U9C1514032M D5
GLENLANDS 10872 (P) D5
MEDWAY ADNAN (P) D5
DAM: MEDWAY DARILYN (P) D5
MEDWAY BENEVOLENCE (S) D5
16/9/2022
OASIS WINCHESTER
SIRE: NEEDMOR HYATT (HP) C7M19859M D5
NEEDMOR ELOISE
BILLABONG THEODORE (P) D5
DAM: MEDWAY VAL (P) D5
MEDWAY ROMY (D) D5
1701 (PH) HERD
30/9/2022
NCC SANTORO (IVF) (D)
SIRE: MEDWAY CCN (P)
YARALLA NELSON (P) D5
DAM: MEDWAY YETTY (P) D5
MEDWAY SECURITY BLANKET (P) D5
MEDWAY GOOD NEWS (PP)
20/10/2022
MEDWAY TERRICA (D) D5
SIRE: MEDWAY WALES (H) TMC15565M D5
MEDWAY TAMESHA (D) D4
MEDWAY TARTRUS (D) D5
DAM: MEDWAY WEST (P) D5
MEDWAY QUEENSHIP (D) D5
AGE: 22 Months HERD BULL DOB: 18/11/2022
NCC SANTORO (IVF) (D)
SIRE: MEDWAY SANTORO (P)
MEDWAY UP TO SPEED (S) D5
DAM: MEDWAY ALALA (P) D5
MEDWAY 14196F (D) D5
Purchaser
Purchaser
4/10/2022
MEDWAY XCHEQUER (P) D5
SIRE: MEDWAY DERBY (P) TMC20218M D5
MEDWAY AILEEN (P) D5
LOCARNO ICON (S) D5
DAM: MEDWAY DIAMANTEE (H) D5
MEDWAY QUEAZIER (D) D4
MEDWAY VINABELL (S) D5
SIRE: MEDWAY CABINET (HH) TMC19283M D5
CASHMERE MAVERICK (PP) D4
DAM: MEDWAY MINI 1ST (P) D2 APP
MEDWAY WERAH (D) D5 DROUGHTMASTER COW
14/10/2022
MEDWAY XCHEQUER (P) D5
SIRE: MEDWAY DERBY (P) TMC20218M D5
MEDWAY AILEEN (P) D5
GLENAVON NON-STOP (H) D5
DAM: MEDWAY DRIVES ME NUTS (H) D5
MEDWAY ALEXANE (H) D5
LOT 16 MEDWAY GARLIC BREAD (PH)
5/10/2022
YARALLA LYNDON (H) D5
SIRE: WESTERN RED MAXI (S) WRD18267M D5
FAIRHAVEN 10/207 (P) D5
MEDWAY VINABEL (S) D5
DAM: MEDWAY DO IT MY WAY (P) D5
MEDWAY AGATHA (P) D4
OASIS WINCHESTER
SIRE: NEEDMOR HYATT (HP) C7M19859M D5
NEEDMOR ELOISE
BILLABONG THEODORE (P) D5
DAM: MEDWAY VAL (P) D5
MEDWAY ROMY (D) D5
30/8/2022
GLENAVON NON-STOP (H) D5
SIRE: MEDWAY 0/551
PUREBRED DROUGHTMASTER COW
GLENLANDS VINTAGE (P) D3
DAM: MEDWAY DISTINCTION (S) D4
MEDWAY VAL
10/8/2022
SIRE: MEDWAY SHIRT FRONT (S) TMC11242M D5
DAM: MEDWAY 20584 PUREBRED DROUGHTMASTER COW MT. OSCAR KENNY MEDWAY NOVELTY
MEDWAY TIREE (S) D5
SIRE: MEDWAY BART (P) TMC18532M D5
MEDWAY TABINA (P) D5
MEDWAY ADD (P) D5
DAM: MEDWAY ELAN (P) D5
MEDWAY YARAGE (P) D5
20/10/2022
MEDWAY TOUGH IT OUT (P) D5
SIRE: MEDWAY ADELONG (P) TMC17948M D5
MEDWAY UNPAID (P) D5
MEDWAY WAGSTAFF (P) D5
DAM: MEDWAY BECCA (P) D5
MEDWAY 14233F (P) D5
LOT 22
MEDWAY GOAT (PH) (IVF)
TMC23232081 DOB: 14/9/2022
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY QUINTAS (P) D4
GLEN FOSSLYN 05/238 (P) D3
DAM: MEDWAY SELF DENIAL (P) D4
MEDWAY MARIAN (D) D4 Purchaser
20/9/2022
GLENAVON MURDOCH
SIRE: MEDWAY COLLECTIVE (HH) TMC19271M D5
MEDWAY B.XYLEENA
MEDWAY WENZEL (P) D5
DAM: MEDWAY ELINA (P) D5
MEDWAY VERITABLE (D) D5
Purchaser
24
HERD BULL
1340 HERD BULL (PP)
DOB: 6/10/2022
MEDWAY QUEENSLANDER (P) D5
SIRE: MEDWAY VANROOK (P) TMC14365M D5
MEDWAY QUESTIONAIRE
CASHMERE MAVERICK (PP) D4
DAM: MEDWAY BREEZE (P) D5
MEDWAY 14207F (P) D5
Purchaser
AGE: 23 Months
DOB: 10/10/2022
MEDWAY TAYGLEN (P) D5
SIRE: MEDWAY ADIV (P) TMC17345M D5
MEDWAY UATCHIT (P) D5
DAM: PUREBRED DROUGHTMASTER COW
MEDWAY TIREE (S) D5
SIRE: MEDWAY BART (P) TMC18532M D5
MEDWAY TABINA (P) D5
CASHMERE MEMPHIS (P) D3
DAM: MEDWAY ALETHEA (P) D4
MEDWAY VARIABLE (P) D5
23/7/2022
MEDWAY TIREE (S) D5
SIRE: MEDWAY BART (P) TMC18532M D5
MEDWAY TABINA (P) D5
MEDWAY ULOGIE (P) D5
DAM: MEDWAY DEVOTED (P) D5
MEDWAY XANTHA (P) D5
21/4/2022
MEDWAY 05137M (P) D5
SIRE: MEDWAY VENTURESOME (P) TMC14237M D5
MEDWAY SEMIFINAL (D) D5
CASHMERE MEMPHIS (P) D3
DAM: MEDWAY 14413F (P) D4
MEDWAY ROMANA (P) D5
MEDWAY VINABELL (S) D5
SIRE: MEDWAY CABINET (HH) TMC19283M D5
MEDWAY WERAH (D) D5
TALGAI DEL (P) D5
DAM: MEDWAY ADAMINA (P) D5
MEDWAY THANKS A LOT (S) D5
5/10/2022
GLENLANDS RANDWICK (P) D5
SIRE: GLENLANDS UNOCCUPIED (P) U9C1514032M D5
GLENLANDS 10872 (P) D5
MEDWAY ULOGIE (P) D5
DAM: MEDWAY DEXTOROUS (P) D5
MEDWAY XERENA (P) D5
21/9/2022
SIRE: PUREBRED DROUGHTMASTER BULL
HAMADRA DEAKIN (H) D5
DAM: MEDWAY ADDY (H) D5
MEDWAY VANDITA (D) D5
MEDWAY QUEENSLANDER (P) D5
SIRE: MEDWAY VANROOK (P) TMC14365M D5
MEDWAY QUESTIONAIRE
DAM: PUREBRED FROUGHTMASTER COW
TMC231409M
15/10/2022
GLENLANDS RANDWICK (P) D5
SIRE: GLENLANDS UNOCCUPIED (P) U9C1514032M D5
GLENLANDS 10872 (P) D5
MEDWAY TOSHIBA (S) D5
DAM: MEDWAY DARRELLE (S) D5
MEDWAY BIBI (P) D5
Purchaser
LOT 34 MEDWAY GLUE GUN (H)
28/9/2022
MEDWAY VETERAN (P) D5
SIRE: MEDWAY CHOOSE (HP) TMC19152M D5
MEDWAY XYA (D) D5
MEDWAY WAITARA (P) D5
DAM: MEDWAY CATE19 (H) D5
MEDWAY YOUR SO BEAUTIFUL (D) D5
23/9/2022
MEDWAY XCHEQUER (P) D5
SIRE: MEDWAY DERBY (P) TMC20218M D5
MEDWAY AILEEN (P) D5
MEDWAY VENTURESOME (P) D5
DAM: MEDWAY DEVVIN (H) D5
MEDWAY BASANTI (P) D5
27/9/2022
RONDEL PRESTON (P) D4
SIRE: RONDEL TOOHEYS (P) ANA154756M D5
RONDEL 3425 (P) D5
MEDWAY 11105M (P) D5
DAM: MEDWAY AGELESS (H) D5
MEDWAY UNITA (D) D5
Purchaser
1/8/2022
RONDEL PRESTON (P) D4
SIRE: RONDEL TOOHEYS (P) ANA154756M D5
MEDWAY ULOGIE (P) D5
DAM: MEDWAY BAN (S) D5
RONDEL 3425 (P) D5 MEDWAY UNKEPT (D) D5
MEDWAY ADIR (H) TMC17342M D5 DAM: PUREBRED FROUGHTMASTER COW GLENLANDS RHODES (S) D5 MEDWAY ULTRARED (S) D5
DAM: MEDWAY BREN (S) D5 YARALLA LYNDON (H) D5
SIRE: WESTERN RED MAXI (S) WRD18267M D5
CASHMERE MAVERICK (PP) D4 FAIRHAVEN 10/207 (P) D5 MEDWAY SLENDER (P) D5
Purchaser
22/10/2022
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY QUINTAS (P) D4
MEDWAY QUEENSLANDER (P) D4
DAM: MEDWAY BASHEERA (P) D5
MEDWAY UNLISTED (P) D5
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY QUINTAS (P) D4
GLENLANDS D ORFORD (P) D5
DAM: MEDWAY ZITI (P) D5
MEDWAY ROSEVEAR (S) D5
22/10/2022
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY QUINTAS (P) D4
MEDWAY ABBOTT (P) D5
DAM: MEDWAY ELEENA (S) D5
MEDWAY XERENA (P) D5
LOT 50 - MEDWAY GUN METAL (PP)
LOT 29 - MEDWAY GET UP (H)
LOT 37 - MEDWAY GOLD MINE (P)
LOT 52 - MEDWAY 1795 (H)
LOT 45 - MEDWAY GOLD DUST (P)
LOT 56 - MEDWAY GUILTY CONSCIENCE (PP)
LOT 53 - MEDWAY GRILLED CROC (P)
LOT 59 - MEDWAY GALLOP (P)
LOT 57 - MEDWAY 1329 (P)
LOT 55 - MEDWAY GUN SHOT (PP)
Purchaser
21/10/2022
GLENLANDS RANDWICK (P) D5
SIRE: GLENLANDS UNOCCUPIED (P) U9C1514032M D5
GLENLANDS 10872 (P) D5
MEDWAY UPROAR (D) D5
DAM: MEDWAY DESIRE (H) D5
MEDWAY ADUCHESS (P) D5
MEDWAY QUEENSLANDER (P) D5
SIRE: MEDWAY BARAKA (S) TMC18410M D5
MEDWAY XANDI (D) D5
MEDWAY ULOGIE (P) D5
DAM: MEDWAY DOUBLE DUTCH (P) D5
MEDWAY WAIMANI (D) D5
12/12/2022
RONDEL PRESTON (P) D4
SIRE: RONDEL TOOHEYS (P) ANA154756M D5
RONDEL 3425 (P) D5
MEDWAY TERRICA (D) D5
DAM: MEDWAY YANTANABIE (D) D5
MEDWAY RAMYA (P) D5
LOT
46 MEDWAY GUILTY (PP)
YARALLA LYNDON (H) D5
SIRE: WESTERN RED MAXI (S) WRD18267M D5
FAIRHAVEN 10/207 (P) D5
MEDWAY VENT (H) D5
DAM: MEDWAY CORENNE19 (H) D5
MEDWAY XERIC (P) D5
SIRE: PUREBRED DROUGHTMASTER BULL
MEDWAY WENZEL (P) D5
DAM: MEDWAY ESTEELE (P) D5
MEDWAY BELLA (P) D5
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY QUINTAS (P) D4
DAM: PUREBRED FROUGHTMASTER COW
SALE LOTS DROUGHTMASTER
TMC231943M DOB: 13/11/2022
YARALLA LYNDON (H) D5
SIRE: WESTERN RED MAXI (S) WRD18267M D5
FAIRHAVEN 10/207 (P) D5
GLENLANDS REDHILL (P) D5
DAM: MEDWAY YAAPEET (P) D5
MEDWAY SECURITY (P) D5
DOB: 3/12/2022
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY QUINTAS (P) D4
GLENLANDS LEGACY (P) D5
DAM: MEDWAY RAICHELLE (P) D5
MEDWAY NAILFILE (D) D4
DOB: 25/10/2022
MEDWAY TIREE (S) D5
SIRE: MEDWAY XCHEQUER (P) TMC16556M D5
MEDWAY VALORA (P) D4
MEDWAY YALLAROI (H) D5
DAM: MEDWAY DETERMINE (P) D5
MEDWAY YOURSELF (P) D5
Purchaser
21 Months HERD BULL
Purchaser
27/12/2022
SIRE: MEDWAY COLLECTIVE (HH) TMC19271M D5
DAM: PUREBRED FROUGHTMASTER COW
8/11/2022
YARALLA MINT (H) D5
SIRE: GLENAVON TARZAN (H) NR2162901M D6
GLENAVON 1454 (H) D4
MEDWAY RADLEY (D) D4
DAM: MEDWAY 14396F (P) D5
MEDWAY ROSETTA (S) D5
LOT 54 MEDWAY 1595 (PH) HERD BULL
HERD BULL
DOB: 14/11/2022
NCC SANTORO (IVF) (D)
SIRE: MEDWAY CCN (P)
MEDWAY XCHEQUER (P) D5
DAM: MEDWAY DEEANN (P) D5
MEDWAY VEITCH (D) D5
Purchaser
AGE: 22 Months
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY TERRICA (D) D5
DAM: MEDWAY CALI19 (P) D5
MEDWAY QUINTAS (P) D4 MEDWAY VINK (D) D5
FAIRHAVEN 10/207 (P) D5
WESTERN RED MAXI (S) WRD18267M D5 DAM: MEDWAY WAHALLA (P) D5 YARALLA LYNDON (H) D5
GLENLANDS D MARSHALL (P) D4
TENZIN (P) D5
SIRE: MEDWAY WENZEL (P) TMC15650M D5 DAM: PUREBRED FROUGHTMASTER COW MEDWAY PAGEL (P) D5
MEDWAY OUTSMART (D) D4
LOT 58 MEDWAY GO GO GADGET
30/10/2022
GLENAVON NON-STOP (H) D5
SIRE: MEDWAY AALTO (P) TMC172M D5
MEDWAY ROSHEEN (P) D5
MEDWAY ALCALA (P) D5
DAM: MEDWAY ERDA (P) D5
MEDWAY TAURIA (P) D5
RIDGGIE DIDGE BEERSONME (PP) D5
SIRE: REDSKIN MUDDLER (P) MR02039M D5
Redskin 16/5 (P) D5
MEDWAY UNIVERSAL (D) D5
DAM: MEDWAY CONVENIENT19 (H) D5
MEDWAY YIELD (P) D5
2/11/2022
MEDWAY SHAKEHANDS (P) D5
SIRE: MEDWAY WARATAH (S) TMC15313M D5
MEDWAY ROSHA (D) D5
MEDWAY VENT (H) D5
DAM: MEDWAY BELLAROSA (H) D5
MEDWAY QUEBEC (D) D5
Purchaser
(PH)
15/11/2022
RONDEL TOOHEYS (P) D5
SIRE: MEDWAY DALBY (P) TMC2076M D5
MEDWAY (S) 14398F D5
MEDWAY VENT (H) D5
DAM: MEDWAY BETA (P) D5
MEDWAY WHITLIAH (P) D5
TROTTER (PH)
RONDEL TOOHEYS (P) D5
SIRE: MEDWAY DALBY (P) TMC2076M D5
MEDWAY (S) 14398F D5
MEDWAY WAITARA (P) D5
DAM: MEDWAY ETNA (H) D5
MEDWAY URSULA (P) D5
29/11/2022
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY QUINTAS (P) D4
MEDWAY WAITARA (P) D5
DAM: MEDWAY CHAROLETTE19 (P) D5
MEDWAY YIP (D) D5
Purchaser
11/11/2022
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY QUINTAS (P) D4
GLENLANDS MASTER KEY (IVF) (P) D4 MEDWAY ROWENA (D) D5
DAM: MEDWAY WILLA (D) D5
MEDWAY TIREE (S) D5
SIRE: MEDWAY BOSTON (P) TMC18112M D5
MEDWAY QUINTAS (P) D4
GLENLANDS D ALLENBY (P) D5
DAM: MEDWAY EVIE21 (P) D5
MEDWAY YNA (S) D5
15/10/2022
MEDWAY UNIVERSAL (D) D5
SIRE: MEDWAY BUNDA (S) TMC18428M D5
MEDWAY TEMA (D) D5
YARALLA HECTOR (D) D5
DAM: MEDWAY WESLEA (P) D5
MEDWAY SAFE (P) D5
SALE LOTS DROUGHTMASTER
WALM-LEY FURIES (PP) D5
SIRE: WALM-LEY I-OLLIE (PP) WDS19131M D5 DAM: PUREBRED FROUGHTMASTER COW
WALM-LEY DOLLIE (P) D5
MEDWAY QUEENSLANDER (P) D5
MEDWAY BARAKA (S) TMC18410M D5 DAM: MEDWAY DIGNIFIED (P) D5
MEDWAY XANDI (D) D5
MEDWAY ULOGIE (P) D5
MEDWAY WHITNEE (D) D5
MEDWAY QUEENSLANDER (P) D5
MEDWAY VERRIN (P) D5
LOT 70 DB DRUMMOND RANGE AI
DB204723M
Purchaser
LOT 71
DB202323M
Purchaser
(PH) BM2
DOB: 9/8/2022
CF DREAM CATCHER 914
SIRE: WB SOLUTION 67/6 (IMP USA)
LOGANS BENGAL BABY
MEDWAY ARA
DAM: MEDWAY 20587
PUREBRED DROUGHMASTER COW
DB DUCK DYNASTY (PH) BM2
DOB: 18/9/2022
WB SOLUTION 67/6
SIRE: DB ARGYLE
MEDWAY YIP
PUREBRED DROUGHTMASTER BULL
DAM: MEDWAY 18292
PUREBRED DROUGHMASTER COW
Price
LOT 72 DB DRUNKEN SAILOR AI (PH) BM2
DB211923M
Purchaser
AGE: 25 Months
AGE: 24 Months
DOB: 26/9/2022
CF BROCK 450/3
SIRE: CF BRAVADO 376/5 (IMP USA)
PUREBRED DROUGHTMASTER BULL BETTYS LAST 45/1
DAM: MEDWAY 17366
PUREBRED DROUGHMASTER COW
Price
AGE: 24 Months
LOT 73 COOROOMAN DODGE AI (S)
COO17423M
Purchaser
LOT 74
Purchaser
LOT 75
DB213623M
Purchaser
DOB: 31/10/2022
CFDREAM CATCHER
SIRE: WB SOLUTION 67/6 (IMP USA)
LOGANS BENGAL BABY
STRATHFIELD COSMO (P) D5
DAM: SUGERLAND GLYADYS (P) D5
SUGERLAND CONCEPT (S) D5
DB DARK KNIGHT AI (PH) BM2
30/9/2022
QUASAR
SIRE: LOGAN 62M27 (IMP USA)
JEZABELLE
MEDWAY RANFURLEY (S) D5
DAM: MEDWAY 18887 (P)
PUREBRED DROUGHMASTER COW
DB DOUBLE DIP AI (H) BM2
DOB: 28/9/2022
SIRE: LOGAN 62M27 (IMP USA)
JEZABELLE
DAM: MEDWAY CELESTE19 (P) D5 QUASAR
MEDWAY VINABEL (S) D5
MEDWAY XENOSA (P) D5
22 Months
AGE: 23 Months
LOT 76
DB211123M
DB DWIGHT YOKAM (H) BM2
DOB: 23/10/2022
WB SOLUTION 67/6
SIRE: DB ARGYLE
MEDWAY YIP
PUREBRED DROUGHTMASTER BULL
DAM: MEDWAY 17104
PUREBRED DROUGHMASTER COW
Purchaser
LOT 77
DB213323M
DB DRILL BIT TAYLOR (H) BM2
DOB: 22/10/2022
WB SOLUTION 67/6
SIRE: DB ARGYLE
MEDWAY YIP
MEDWAY ULOGIE (P) D5
DAM: MEDWAY ANAKIE (H) D5
MEDWAY VARDY (P) D5
Purchaser Price
LOT 78
DB210923M
DB DIRTY DINASAUR (H) BM2
DOB: 19/10/2022
WB SOLUTION 67/6
SIRE: DB ARGYLE
MEDWAY YIP
GLENLANDS D ORR (D) D5
DAM: MEDWAY ALTER (H) D5
MEDWAY ULAMA (P) D5
AGE: 23 Months
AGE: 23 Months
Purchaser
Price
AGE: 23 Months
LOT 79 DB DEWALT (H)
DB212123M
Purchaser
DOB: 22/10/2022
WB SOLUTION 67/6
SIRE: DB ARGYLE
MEDWAY YIP
PUREBRED DROUGHTMASTER BULL
DAM: MEDWAY 18805
PUREBRED DROUGHMASTER COW
LOT 80 DB DARRYL (H) AI BM3
DB211223M DOB: 22/9/2022
CF BROCK 450/3
SIRE: CF BRAVADO 376/5 (IMP USA)
BETTYS LAST 45/1
GLENLANDS MASTER KEY (IVF) (P)
DAM: MEDWAY 16959 (P)
COLORADO GRACE (P) D5
Purchaser
LOT 81
DB216823M
Purchaser
AGE: 23 Months
24 Months
Price
DB DAMAGE CONTROL (PH) BM2
DOB: 21/11/2022
WB SOLUTION 67/6
SIRE: DB ARGYLE
MEDWAY YIP
PUREBRED DROUGHTMASTER BULL
DAM: MEDWAY 14137(P)
PUREBRED DROUGHMASTER COW
Price
AGE: 22 Months
LOT 82
DB208023M
DB DAYBREAK IVF (PH) BM3
DOB: 18/9/2022
CFDREAM CATCHER
SIRE: WB SOLUTION 67/6 (IMP USA)
LOGANS BENGAL BABY
BILLABONG THEODORE (P) D5
DAM: MEDWAY VAL (P) D5
MEDWAY ROMY (D) D5
Purchaser
LOT 83
DB207423M
DB D-MAX IVF (H) BM3
DOB: 16/9/2022
CFDREAM CATCHER
SIRE: WB SOLUTION 67/6 (IMP USA)
LOGANS BENGAL BABY
BILLABONG THEODORE (P) D5
DAM: MEDWAY VAL (P) D5
MEDWAY ROMY (D) D5
Purchaser
LOT 84
DB207823M
DB DIAGO IVF (H) BM3
DOB: 14/9/2022
CFDREAM CATCHER
SIRE: WB SOLUTION 67/6 (IMP USA)
LOGANS BENGAL BABY
BILLABONG THEODORE (P) D5
DAM: MEDWAY VAL (P) D5
MEDWAY ROMY (D) D5
Purchaser Price
24 Months
24 Months
AGE: 24 Months
COO17123M
Purchaser
DB212823M
DOB: 28/10/2022
CF BROCK 450/3
SIRE: CF BRAVADO 376/5 (IMP USA)
BETTYS LAST 45/1
GLEN FOSSLYN GRANGE (H) D4
DAM: SUGERLAND INDIANA (P) D5
MISTY VALLEY KARINA175/0 (P) D5
(PH) (AI)
DOB: 1/10/2022
CF BROCK 450/3
SIRE: CF BRAVADO 376/5 (IMP USA)
BETTYS LAST 45/1
MEDWAY ULOGIE (P) D5
DAM: MEDWAY AALIYAH (P) D5
MEDWAY WANEATEA (P) D5
Purchaser Price
22 Months
23 Months
LOT 87 COOROOMAN DETRIOT AI (P) BM3
COO16723M
Purchaser
DOB: 26/9/2022
CF BROCK 450/3
SIRE: CF BRAVADO376/5 (IMP USA)
BETTYS LAST 45/1
GLENLANDS UNOCCUPIED (P) D5
DAM: SUGERLAND NORTH STAR (P) D5
SUGERLAND DAKOTA 661 (H) D5
Price
LOT 88 COOROOMAN DONALD AI (P) BM3
COO15723M
24 Months
Purchaser
DOB: 29/9/2022
CF BROCK 450/3
SIRE: CF BRAVADO376/5 (IMP USA)
BETTYS LAST 45/1
NEEDMOR ELTON (P) D5
DAM: SUGERLAND NAUGHTY BUT NICE (P) D3
SUGERLAND CASSANDRA (H) D2
Price
23 Months
LOT 89 CK LADYS MAN (H) BM2
CKO47623M
Purchaser
DOB: 11/11/2022
WB SOLUTION 67/6
SIRE: DB ARTHUR
MEDWAY AIR
YARALLA 33/5 (H)
DAM: SUGERLAND KRISTIE (P) D4
SUGERLAND JASMINA (P) D2
DB218423M DOB: 8/12/2022
QUASAR
SIRE: LOGAN 62M27 (IMP USA)
JEZABELLE
YARALLA HECTOR (H) D5
DAM: MEDWAY VANDERMOTT
MEDWAY OFCOURSE
Purchaser
DB217923M
(PH)
DOB: 28/11/2022
WB SOLUTION 67/6
SIRE: DB ARGYLE
MEDWAY YIP
GLENLANDS 7419
DAM: MEDWAY ADASHA
MEDWAY UNDERVALUED
Purchaser Price
AGE: 22 Months
21 Months
AGE: 20 Months
LOT 63 - MEDWAY GUN WIPPED (PP)
LOT 60 - MEDWAY GARDEN PATH P
LOT 70 - DB DRUMMOND RANGE AI (P)
LOT 68 - MEDWAY GET AROUND (P)
LOT 61 - MEDWAY GLOBAL (P)
LOT 73 - COOROOMAN DODGE AI (S)
LOT 76 - DB DWIGHT YOKAM (H)
LOT 71 - DB DUCK DYNASTY (P)
LOT 74 - DB DARK KNIGHT AI (P)
LOT 72 - DB DRUNKEN SAILOR AI (P)
ON FARM DIESEL STORAGE UNITS
• Specific Gravity of 1.6
• Fully self supporting roof (no internal poles or frames)
• Tanks can be daisy chained for extra storage
• Manufactured from proven Australian standard materials (tested in the field for over 25years)
• Manufactured in computerised ovens (not open flame)
• Thicker walls at base (supports pressure)
• Poly fused and welded fittings (stops fitting split)
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.
(d) Competition and Consumer Act (Cth) 2010
It is unlawful for parties that are, or otherwise would be, in competition with each other to make, or give effect to, a contract, arrangement or understanding that contains a provision relating to:
i. price-fixing; or
ii. restricting outputs in the production and supply chain; or iii. allocating customers, suppliers or territories; or iv. bid-rigging; or
v. collusive bidding.
Large fines and other sanctions may be imposed for unlawful conduct.
2. (a) In these terms the expression auctioneer, agent, buyer and vendor respectively includes the servants, contractors and 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 the same 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. Prior to the fall of the hammer the auctioneer shall announce the last bid and receive any further bids. 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 interest 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. The vendor warrants;
(a) That the vendor has (or will have) the right to sell the livestock at the time of delivery; and
(b) That the purchaser will obtain title on completion of the purchaser’s obligations under this contract including payment.
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 an 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 presale 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 postsale 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 subclause 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, for delivery to and from the scales, to the buyer’s delivery pen and onto 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 subclause 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 was pregnant on that date.
(d) For slaughter cattle, the agent undertakes to make every reasonable effort to ensure that any NLIS cattle device number is transferred from the saleyard PIC to the purchaser’s PIC on the NLIS database no later than midnight on the day of the sale.
(e) For other slaughter livestock the agent undertakes to make every reasonable effort to ensure that the NLIS information is transferred from the saleyard PIC to the purchaser’s PIC on the NLIS database no later than midnight on the day of the sale.
(f) Where livestock have a food safety or market eligibility status derived from the National Vendor Declaration (NVD) and/or the NLIS/ERP database, the agent will inform the buyers by presale catalogue 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. The purchaser agrees that:
(a) Clause 20 creates a registrable security interest under the Personal Property Securities Act (Cth) 2009 (PPSA);
(b) the Purchaser acknowledges the rights of the Seller (and/or the Agent if Clause 25 applies) to register a financing statement under the PPSA with respect to the security interest created by this clause;
(c) the Livestock are collateral for the purposes of the PPSA;
(d) to the extent permitted, the Purchaser waives any right the Purchaser has under the PPSA to receive notices; and
(e) the date upon which the security interest created by this clause comes into force is the first date on which livestock are delivered pursuant to this contract
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 23.5 the agent is subrogated to all rights of the vendor under these terms and conditions against the buyer.
23.4. 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.
23.5. 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).
23.6. 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.
23.7. 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.
23.8. 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.
23.9. 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
LIVESTOCK AUCTION TERMS AND CONDITIONS OF SALE
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 Animal Welfare Standards and Guidelines for the Land Transport of Livestock and further to consign, manage, receive, transport and handle livestock in accordance with any other or additional requirements of animal welfare legislation specific to the jurisdiction in which livestock are consigned, managed, received, transported and handled in the course of the auction process.
CHAPTER THREE – VENDOR 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 government and other regulatory authority requirements and inspections at the time of slaughter;.
(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 any document, the livestock will have those characteristics or will be fit for the particular purpose or market; and
(e) all information in any document 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 only; or
(b) the vendor has the option, at the vendor’s cost, of collecting the companion animals, if allowed by law; 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 NVD 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 announce prior to bidding, or disclose in the pre-sale catalogue, that the vendor has failed to provide a NVD 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 government. Owners risk applies if the condemnation is due to a condition in the animal which the buyer establishes, by the relevant government 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 government 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 or electronic communication in the form of data, text or imaging 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 a government 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 bruising, fever, partial condemnation or emaciation.
CHAPTER FIVE - NOTICES REQUIRED BY LEGISLATION
NSW 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.
Tasmania Legislation. An auctioneer conducting a public auction must not appear to acknowledge the making of a bid if no bid was made. 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.
WA 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 81 - DB DAMAGE CONTROL (P)
LOT 78 - DB DIRTY DINASAUR (H)
LOT 77 - DB DRILL BIT TAYLOR (H)
LOT 83 - DB D-MAX IVF (H)
LOT 80 - DB DARRYL (H)
LOT 84 - DB DIAGO IVF (H)
LOT 87 - COOROOMAN DETRIOT AI (P)
LOT 88 - COOROOMAN DONALD AI (P)
LOT 90 - DB DUNSTON AI (P)
LOT 86 - DB DIESEL AI (P)
