Claims & Disputes
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      Dispute Case Studies

      Examples of dispute case studies on weight, temperament, progeny breed, lifetime traceability and force majeure.

      Weight

      With regards to our process regarding a weight dispute, if AuctionsPlus or the selling agent has been notified in writing within 48 hours of receival that there’s an issue with the weight; if the Lot were not weighed over a weighbridge, or this is an external factor contributing to weightloss, e.g. extreme heat and long transport journey; all stock must follow the Reweigh Procedure:

      1. Move stock into a holding paddock with acess to equivalent feed and water. Should there be a change in equivalent feed type, AuctionsPlus will be unable to support the claim.
      2. Stock are reweighed on the 7th day from delivery. This may be done on an equivalent curfew (allowing for gut-shrink) from the original assessment. It is a encouraged that there is a third party present at the re-weigh and the Assessor or Vendor must not be prevented from attending or sending a representative in their place. Whilst AuctionsPlus highly recommends an A1 accredited Assessor is present, the person may be anyone who the Purchaser nominates, including, the local agent, farm manager, Vendor, etc.
      3. Re-weighed weight is determined.

      Should the livestock be outside the tolerances:

      • Cattle: + or - 3%; and
      • Sheep and Goats: + or - 5%;
      • providing adherence to our process above, the matter is referred to a price adjustment process, as outlined in our User Agreement.

      Where the average live weight at delivery (after adjustment for gut shrink) varies
      from that in the Catalogue by more than the allowed tolerance the
      Buyer may claim a price adjustment, calculated as follows:
      Price adjustment = P x (WA-WD) 

      Where:
      P = price per kilogram of the entire Lot as per the sold price results on the
      AuctionsPlus platform.
      WA = combined weight of entire Lot as assessed in kilograms.
      WD = combined weight of entire Lot as delivered in kilograms (adjusted for gut
      shrink). 

      In the case of a dispute inside terms, AuctionsPlus would support the calculated price adjustment.

      Please note, that more 5% of the Lot needs to be over 10% outside the weight range for individual animals to be rejected. 

      Force Majeure

      In laymens terms, Force Majeure describes any event which is out of your control. This can apply to every party involved in the transaction. Some common examples include storm or flooding events, bushfire, crime etc.

      Key areas to be aware of:

      • If a vendor is impacted by a force majeure event, and cannot deliver a lot within the defined delivery dates – the buyer may cancel the sale or agree to a later delivery date. 
      • If a buyer is impacted by a force majeure event, and cannot take delivery within the defined delivery dates – the vendor may cancel the sale or agree to a later delivery date.
      • The vendor may charge reasonable agistment should the purchaser agree to delay delivery until it can occur.
      • Any alterations to the contract of sale, particularly with regards to the condition of the lot, must be agreed in writing by both parties at the time of the agreement to delay delivery.

      Further information surrounding Force Majeure is found in oiur AuctionsPlus User Agreement.

      Unborn Progeny

      Under the AuctionsPlus User Agreement, defined traits of unborn progeny (including breed) is a claim which may be reported outside 48 hours of delivery.

      The claim must be notified within the following timeframes:

      • If relating to wrong sex, then within 7 days from birth;
      • If relating to breed inaccuracies evidenced by coat colour (e.g. Dorpers or Black Baldies), then within 7 days from birth;
      • If relating to breed inaccuracies that cannot be identified at birth, then 3 months
        from end of calving/lambing.
      • If relating to Specific Sire Details or Bloodlines: The buyer must notify of the claim and provide evidence of genetic testing within 3 months from the end of calving or lambing. The Buyer can reject any animals that do not fit the assessment and the entire Lot if more than 15% of the Lot are affected.

      Claims must be supported by evidence, and in the case of a progeny breed dispute, photographs or videos of the offspring are required. This can assist with conversations with the selling agent and our standard process would involve the purchaser and the selling agent first attempting to negotiate an outcome, once calving/lambing has completed and the extent of the issue determined. 

      Should the defined traits be difficult to evaluate, we encourage a buyer to seek genetic testing to support their claim.

      A 5% tolerance applies, and if this is exceeded, the buyer may seek a resolution as outlined in our Terms.

      Lifetime Traceable

      Lifetime traceable is a status assigned to electronically NLIS identified livestock where every property of residence in an animal's life has been registered on the NLIS database. A Vendor can only select that their Lot is Lifetime Traceable if:

      • All of the livestock in the consignment carry a white NLIS breeder device that was attached before they left their property of birth
      • No gap exists in the movement history of the livestock as recorded on the NLIS database - if livestock in the consignment are leaving a property that is not their property of birth, all transactions must have been registered on the NLIS database.

      AuctionsPlus has introduced a mandatory Lifetime Traceability question on all cattle assessments, which reads:

      100% of cattle in this lot are Lifetime Traceable?

      1. Yes
      2. No
      3. Unknown 
        • If NO is selected, providing details is mandatory. You have the opportunity to state why you have answered 'No' in a mandatory details field. (Examples include: LT status unknown; 3 cows have post-breeder tags.) These details will be displayed in the catalogue. 

      If the lot is declared 100% LT, a tolerance of 0% applies on tagged cattle that are not LT and AuctionsPlus would support rejection if they buyer requested. A tolerance of 1% applies on cattle that are LT (to account for tags lost on the truck)

      Temperament

      Our typical process when reviewing a temperament dispute is for the stock to be given access to a paddock with ample feed and water for a period of 7 days after delivery. This time frame is suggested to give the stock sufficient time to settle from the stress of transport and settle into their new surroundings. It is rare for an issue with temperament to not be resolved after the 7 days have passed, at which point they are returned to the yards and their temperament reviewed.

      In order to assess temperament, an accredited AuctionsPlus Assessor must come to inspect the Lot. We encourage a Level 1 Assessor, however, if not possible, a lower level is permittable.

      In the event that a valid temperament issue remains after this time, the claim is reviewed against the outlined tolerances in the AuctionsPlus User Agreement

      • Temperament is assessed on a sliding scale from most docile to most aggressive. 
      • If the lot is assessed as a single descriptor (for example, 100% stirry) - clauses 2.1-2.3 relating to Single Descriptor traits apply.
        • Whereby if any animal does not fit the assessment, they can be rejected and if more than 15% of the Lot do not, the entire Lot can be rejected
      • If the lot is assessed with multiple descriptors (for example, 80% slightly stirry, 20% quiet) - Tolerance Model 3 applies.
        • Whereby there is a tolerance of 10% either side of the Assessment. For the example above, 10% of the Lot can be stirry and 10% can be docile. If 11% of the Lot are stirry, the buyer can reject the 1%.
        • Any animal that is more than two descriptors away can be rejected. For the example above, if any animal is aggressive it can be rejected.
        • If more than 15% of the Lot are outside the tolerances, the entire Lot can be rejected

      Temperament Definitions:

      Docile: Settled and somewhat dull disposition. Gentle and easily handled, moves slowly when in a mob, needs encouragement to move away from handler. Cattle easily handled individually in yards and paddock, without eagerness to return to mob. Does not pull on headgate when in crush and exits calmly.

      Quiet: Displaying a quiet & calm disposition. Cattle easily handled individually and in mob. Handler in control at all times. May exhibit some stubbornness. Exits crush promptly, may try to back out of crush, pull on head gate and some flicking of tail.

      Slightly Stirry: Manageable but impatient and moves quickly. Handling individually increases nervous behaviour and exhibits clear signs of eagerness to return to mob. Handler in control when handled in a mob. Reluctant to stand quietly in crush, tail flicking, repeated pushing and pulling on headgate. Exits crush briskly.

      Stirry: Out of control and jumpy. Struggles and clearly uncomfortable when handled in a mob. Runs fenceline and may jump when penned individually. Continuous tail flicking and bellowing in crush. Large flight distance, exits crush wildly. Considered scared of human interaction rather than aggressive. Not recommended for inexperienced handlers.

      Aggressive: Aggressive behaviour, fearful, extreme agitation. Continuous movement when handled in a mob, disrupts handling of other cattle in mob. May exhibit attack behaviour when handled alone. May jump or continuously bellow while in crush. Exits crush frantically.