Terms and Conditions

The Terms & Conditions apply to the Account and all use of the StockX Website from 01.09.2017.


Account Means the Account provided by StockX to record User business through the Website.
Address for Service a) For any User:
   i) Shall be the notified email address
   ii) (At the choice of StockX) either the postal address or registered address for service if a corporate body

b) For StockX either:
   i) 15 Havelock Road, Havelock North 4130
   ii) admin@stockx.co.nz
Application Means the applications made by the User to:
a) register; or
b) use the Website; or
c) operate the Account.
Bank Account Means the bank account provided by StockX, as nominee for a Sale and Purchase.
Buyer Means a User in a Transaction buying Livestock.
Default Event Means an event where:
a) the User fails or in the opinion of StockX is likely to fail to comply with the Terms & Conditions; or
b) the User commits an act of bankruptcy; or
c) the User enters into any composition or arrangement with creditors; or
d) anything occurs which in the StockX reasonable opinion adversely affects the User ability to pay any money owing; or
e) the User is a company and is placed into receivership or does anything that would make it liable to be put into liquidation; or
f) ownership or effective control of the User is transferred.
Delivery Means delivery of Livestock:
a) completed at the Location Address of the Seller on the earlier of the Livestock:
   i) crossing the tailgate of the Carrier;
   ii) droving across the Location Address gate.
b) as otherwise agreed in a Transaction for Livestock processing.
Delivery Date Means the date agreed between the Buyer and Seller for delivery of Livestock or if no date is specified shall be the Settlement Date.
Due Date Means the date the User has agreed to pay:
i) StocKX a Payment Request, Invoice, or Fee;
ii) the Seller in a Transaction for Livestock processing.
Fee Means the amount payable to StockX for:
i) advertising; and/or
ii) Services; and/or
iii) Transaction.
A Fee: 
i) may be detailed in the Schedule;
ii) does not purchase exclusive rights to a Website page.
Final Sale Value Means the Price less/plus any agreed adjustments for Livestock tally/weight/Processor adjustments.
Invoice Means the business record produced by StockX detailing:
i) the Fee; and/or
ii) the Final Sale Value of the Transaction.
Listing Page Means the:
i) Website pages containing information completed by the User describing Livestock for sale or purchase; and/or
ii) Website pages requiring details to be entered by the User.
Livestock Means animals kept for production of food, wool, and skin on agricultural land and includes their unborn young, the natural increase of such livestock, all horns, antlers, hair and wool (whether removed from the livestock or not), and all other produce and meat of such livestock.
Location Address Means a land location, identified by a given address and able to be accessed for uplift or delivery of Livestock.
Payment Request Means (following receipt of Transaction confirmation), the StockX notification to the Buyer requiring payment of the Price and Final Sale Value to the Bank Account by Due Date.
PIN Means the access identification required before a User can access the Account; Website.
PPSA Means the Personal Property Securities Act 1999.
Price Means the price agreed in the Transaction.
Processor Means a Buyer purchasing Livestock for processing.
Prohibited Information Means:
i) inaccurate, misleading or false information; or
ii) any User contact details on the Website except where the Website specifically provides for contact details to be included; or
iii) a link on a Listing Page to another online site; or
iv) use of the Website to promote Livestock or services as available outside the Website; or
v) any other information which cannot be used on a Listing Page or the Website.
Seller Means a User in a Transaction selling Livestock.
Services Means:
i) Website; or
ii) Bank Account; or
iii) all or any other services provided by StockX to enable a Transaction to be completed.
Settlement Date Means 5 working days after StockX notification that the Buyer payment of the Payment Request is cleared funds. 
StockX Means StockX Ltd, its related entity StockX Nominees Ltd, and their directors, managers and any duly authorised agent.
Sum Owing Means either the:
i) Price, Payment Request, Fee, or the Account closing balance, notified by StockX to the User Address for Service; or
ii) Price due from a Processor to a Seller in a Transaction for Livestock processing
Terms and Conditions Means these StockX “Terms & Conditions” as may be amended from time to time.  
Transaction Means a User contract for the sale and purchase of Livestock through the Website.
User Means:
i) the person/legal entity completing or described in the Application; or
ii) any person allowed to use the Account or Website by the User; or
iii) Processor.
Website Means the website and Services enabled by StockX for the User.

Sum Owing
1. The User shall pay the Sum Owing:
1.1 by Due Date;
1.2 in full without deduction, set off, counterclaim or any other equitable legal claim.
User billing
2. The Terms & Conditions detail the payment method agreed by the User from the date of the Application. StockX shall provide (as applicable) a Fee Invoice for the User:
2.1  after confirmation of Final Sale Value for Livestock;
2.2 for any other agreed amounts or Services.
3. The User is responsible for written notification of any change to its Application information.
Invoice and Payment Request
4. StockX will provide the User a Payment Request or Invoice to view and print. This is the only form of record that StockX will provide.
5. It is the User responsibility to print or save a copy of each Transaction document and retain such copy for its records. ‚Äč
Fee changes
6. StockX may change a Fee at any time and will notify the User at the Address for Service at least 1 month before date of change. If the User does not agree to the Fee change, the User must close the Account and stop using the Website before the Fee     change takes effect.
User Payment
7. StockX continues to enable the Website and the Seller supplies Livestock on condition that:
7.1 all payments from the User are:
   7.1.1 made in the ordinary course of the User business;
   7.1.2 received in good faith and in the reasonably held belief as to the validity of those payments;

7.2 the understanding of StockX and the Buyer towards their business with the User shall apply until the User gives notice in writing to StockX or the Buyer of the User inability to pay due debts and that the User purpose in making further payment is to enable StockX or the Buyer to receive more towards satisfaction of the Sum Owing than they would otherwise have received or have been likely to have received in any liquidation/insolvency of the User;

7.3 StockX and the Buyer have, on accepting each User payment altered their position in reliance on the validity of each User payment by:
   7.3.1 access to the Website before and after the Due Date;
   7.3.2 supplying Livestock from the Location Address to complete the Transaction.
Late payment
8. If a Fee is not received by Due Date the User shall pay StockX:
8.1 interest at the rate of 1.5% per month (calculated daily) on the outstanding balance until payment;
8.2 all costs StockX may incur to collect money not paid by Due Date. These costs shall include all administration costs, lawyer fees incurred, and any other fees, disbursements, Court costs and collection commissions.
9. StockX may also suspend or cancel access to the Website. Suspension or cancellation of access to the Website for non-payment of a Fee could result in a loss of access to some or all of the User content stored on the Website.  User content that is deleted may be irretrievable.
Representation
10. The User obligation to pay the Fee is not contingent on any StockX representation about delivery of Services or any future Website functionality or feature.

Accept Terms & Conditions
11. The use of the Account and Website is the User acknowledgement:
11.1 of reading and accepting the Terms & Conditions;

11.2 that there is no right to assign or cancel any obligation under the Terms & Conditions;

11.3 that StockX may at any time, without notice and regardless of whether a Default Event has occurred:
   11.3.1 suspend or cancel any Account; or
   11.3.2 spend or cancel any Account; or
   11.3.3 remove a Listing Page; or
   11.3.4 delete a bid; or
   11.3.5 delete a bid; or
   11.3.6 take any other steps it considers appropriate to ensure the integrity of the Website for its Users.

11.4 that a Default Event occurs if a User:
   11.4.1 makes an offer to buy or sell Livestock or completes a Transaction without using the Website; or
   11.4.2 otherwise attempts to avoid paying a Fee to StockX.
Term
12. The Terms & Conditions commence when the User completes the Application, and continues until the date of termination.
Changing the Terms & Conditions
13. StockX is entitled to add, change or remove clauses in the Terms & Conditions by notifying the User at the Address for Service.  Use of the Website after the date the change becomes effective, will be User consent to the changed Terms & Conditions. If the User           does not agree to the changes, the User must close the Account and stop using the Website. 
14. StockX maintains a copy of the Terms & Conditions on the Website.
Access to User Account
15. The User is responsible for:
15.1 Keeping any Account, Website information, and PIN confidential;
15.2 All activity that occurs with the User Account.
16. StockX has no responsibility to the User for safeguarding Listing Page information or Website content.
Third party intervention
17. In some cases the User may (with the consent of StockX) allow a third party to have access rights to the Account and Website.  The User shall ensure that any third party is subject to the Terms & Conditions.

User representation
18. The User represents the:
18.1 information provided in the Application and Listing page is correct;
18.2 person completing the Application has the express authority of the User to contract with StockX;
18.3 Account is being used primarily for business purposes.
19. The User:
19.1 access to the Website and use of the Account and Services is the decision of the User alone;
19.2 accepts any advice, information or recommendation provided by StockX to the User relating to the Website is given in good faith and based on information provided by the User.
Disclaimer and Liability Limitation
20. StockX makes no:
20.1 warranties express or implied;
20.2 guarantees with respect to the Website;
20.3 representation about the Listing Page, Livestock, Services, the Website, or other advertising on the Website.
21. To the extent permitted by law, StockX:
21.1 excludes all recommendations, warranties, descriptions, representations and conditions in relation to the Website whether expressed or implied by law, trade, custom or otherwise and whether relating to fitness, merchantability, suitability for purpose, or otherwise and all specific conditions even though such conditions may be known to StockX;

21.2 shall not be responsible for any loss or liability where the Website:
   21.2.1 is unable to be used;
   21.2.2 contains links to other sites and resources provided by third parties;

21.3 is not in any circumstance liable to a User or any other person in contract, tort, (including negligence), equity or in otherwise, for any loss or damage of any kind arising from:
   21.3.1 the use of commentary and other materials posted on Website and the User indemnifies StockX against any such claim; or
   21.3.2 the use of or inability to use the Website, whether direct, indirect, special or consequential and the User indemnifies StockX against any such claim. 
 

Default Event
22. If a Default Event occurs; (without prejudice to other rights and remedies):
22.1 StockX may:
   22.1.1 suspend or terminate:
      22.1.1.1 the Account; or
      22.1.1.2 User access to the Website;
   22.1.2 delete User content from the Website (User content that is deleted may be irretrievable);
   22.1.3 require the User to pay for any Fee;

22.2 the Seller may:
   22.2.1 require immediate payment of the Sum Owing notwithstanding that the Due Date has not arrived;
   22.2.2 charge interest at the rate of 1.5% per month (or such other rate as StockX notifies from time to time) in respect of the Sum Owing. Such interest shall accrue on a daily basis from the Due Date until payment in full;
   22.2.3 require the Buyer to pay for and separately indemnify it for the Fee, legal costs (as between solicitor and client) and any collection commissions incurred as a consequence of a Default Event.

Information
23. StockX:
23.1 regards User privacy and confidentiality as important;
23.2 uses certain information that it collects from the User to operate and provide the Website;
23.3 may upload information about a User, Website content, use of the Website and Website performance as part of the Website;
23.4 takes all necessary steps to keep User content confidential to StockX.
24. The User warrants that all information entered on the Website is complete and accurate.
Privacy Policy
25. The User agrees:
25.1 the personal information provided, obtained and retained by StockX about the User (including personal information about directors or trustees) will be held and used for any or all of the following purposes including: determining eligibility for an account; Website content; use of the Website; Website performance; enforcing debt and legal obligations under the Terms & Conditions; required statutory compliance; supply of Livestock; the marketing of Livestock and Services; market research by StockX or any other StockX advertiser; any form of communication; otherwise in the carrying out of StockX business.

25.2 the Terms & Conditions is the User irrevocable authority to StockX to:
   25.2.1 use any personal information for the purposes in clause 25.1;
   25.2.2 provide any personal information (along with detail of any dealings between the User, Buyer and Seller and StockX to any third party (including a credit report where the personal information is able to be accessed for genuine credit related purposes by other credit enquirers);
   25.2.3 obtain any information concerning the User (including personal information about directors or trustees) from any other source for StockX business with the User.

25.3 to promptly notify StockX of any change in circumstance that may affect the accuracy of the information provided by the User to StockX.
26. The User as a natural person and the directors or trustees of the User, have rights of access to, and correction of any personal information held by StockX.

Assignment
27. StockX shall be entitled to assign to any other legal entity all or part of any Fee or Sum Owing and the assignee shall be entitled to claim all or part of the unpaid Fee or Sum Owing and shall have the same rights of recovery as StockX.
User cancellation
28. The User:
28.1 may cancel the Account at any time and for any reason by giving one months’ prior written notice (“cancellation notice”) to StockX at the Address for Service;
28.2 must pay the Sum Owing to StockX up to the expiry of the cancellation notice without any deduction;
28.3 access to the Website stops immediately from expiry of the cancellation notice;
28.4 acknowledges StockX may permanently delete User content from its servers and has no obligation to return any User content after 30 days from expiry of the cancellation notice. User content that is deleted may be irretrievable.

Inconsistency
29. If there is any inconsistency between the Terms & Conditions and other communication between StockX and the User, the Terms & Conditions shall prevail unless otherwise agreed in writing by the parties.

Not enforced
30. If at any time StockX does not enforce the Terms & Conditions, or grants the User time or other indulgence, StockX shall not be construed as having waived the Terms & Conditions or its right to later enforce the Terms & Conditions.

Void or unenforceable
31. Each term of the Terms & Conditions is separately binding. Where any clause is void, unenforceable or otherwise ineffective by operation of law, the enforceability or effectiveness of the remaining clauses shall not be affected.

Inconsistency
32. StockX will send any document, Invoice, newsletter , notice, or Payment Request to the Address for Service.

Access
33. StockX may at any time in its discretion and without giving notice; 
33.1 close any User Account;
33.2 withdraw User access to the Website

Ownership
34. StockX:
34.1 holds all rights to and ownership of the Website;
34.2 is the owner or the licensee of all copyright and intellectual property rights in the Website and the material published on the Website;
34.3 is granted by every User a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Website any suggestion, enhancement requests, recommendation, correction or other feedback provided by the User relating to the operation of the Website.

Website development
35. The Website:
35.1 is created, developed, enabled, enhanced, and modified by StockX;
35.2 may include source code, reports, results, outcomes, conclusions, products, Websites, inventions, know-how, experimental methodology, processes, data, database structures, notes, designs, drawings, records, memoranda and other writings, computer programs, application programming interface, graphics, and any other metadata content in whatever form or format.
Website changes and updates
36. StockX:
36.1 may make Website updates available from time to time which shall be accepted by the User subject to the Terms & Conditions;
36.2 is not obliged to make any Website updates available and does not warrant or guarantee that it will continue to enable and support the Website;
36.3 may stop providing portions of the Website, including (without limitation) that:
   36.3.1 it's no longer feasible for StockX to provide it; or
   36.3.2 the technology advances; or
   36.3.3 User feedback indicates a change is needed; or
   36.3.4 external issues arise that make it imprudent or impractical to continue;
36.4 shall remove the Website if it elects to cease trading.

Website operation
37. The User acknowledges:
37.1 computer and telecommunications websites are not fault-free and occasional periods of downtime occur;
37.2 StockX does not warrant or guarantee that use of the Website will be uninterrupted timely, secure, or error-free or that content loss will not occur;
37.3 StockX is not liable for any disruption or loss the User may suffer as a result of the Website failure;
37.4 StockX may in its sole discretion, and without consent from or payment to a User, display third-party advertisements   (including links and references to such advertisements) and listings from any other user, on any Website page.
37.5 StockX is not:
   37.5.1 an auctioneer (the Transaction is a contract between the Buyer and Seller using Website); or
   37.5.2 a User agent; or
   37.5.3 a party to any Listing Page content or Transaction; or
   37.5.4 responsible for or liable for the actions or omissions of a User.
Internet access services and charges
38. If the User accesses the Website through any wireless or other communication service, the User is responsible for paying any fee charged by its access provider.
Website access restrictions
39. The User shall not:
39.1 circumvent or bypass any technological protection measures in or relating to the Website or disassemble, decompile, mirror or reverse engineer any software or other aspect of the Website that is included in or accessible through the Website, separate components of the Website for use on different internet connect devices; publish, copy, rent, lease, or lend the Website; or transfer the Website, or any rights regarding the Website, except as expressly permitted by the Terms & Conditions;
39.2 circumvent or bypass any technological protection measures in or relating to the Website or disassemble, decompile, mirror or reverse engineer any software or other aspect of the Website that is included in or accessible through the Website, separate components of the Website for use on different internet connect devices; publish, copy, rent, lease, or lend the Website; or transfer the Website, or any rights regarding the Website, except as expressly permitted by the Terms & Conditions;
39.3 create a new account, buy, sell or advertise on other existing Website accounts to avoid restrictions or limits; manipulate prices through false bidding or multiple identities; register more than once for a single auction;
39.4 falsely report that a User has violated a StockX policy;
39.5 infringe on StockX intellectual property.

Website content
40. Website content includes anything the User uploads to, stores on, transmits through, or uses on the Website. Except for the Website, StockX does not claim ownership of any content placed by the User on the Website.
User Website content
41. The User:
41.1 warrants for the duration of the Terms & Conditions the User has (and will have) all the rights necessary for content it uploads to, stores on, transmits through, or uses on the Website;
41.2 acknowledges that Prohibited Information also includes any content on the Website that is (in the sole opinion of StockX) inappropriate.
Website content used by StockX
42. When the User uploads content to the Website, the User agrees that it may be used, modified, adapted, saved, reproduced, distributed, and displayed to the extent necessary to protect the User and to provide, protect and improve the Website by StockX.
User content reviewed
43. StockX reserves the right to review User content for the purpose of enforcing the Terms & Conditions.
44. StockX may ask the User to remove content from the Website if it is in breach of the Terms & Conditions or applicable law. User failure to comply with this clause is a Default Event. 
45. If:
45.1 the User (directly or indirectly) uploads to, stores on, transmits through, or uses on the Website any content that does not comply with the Terms & Conditions; and
45.2 StockX incurs cost for any consequential restoration of the Website;
then the User is solely responsible to pay StockX for any cost incurred arising from restoration of the Website.  

Backup
46. The The User must maintain a regular and verified backup of any content that the User stores on the Website.

Website Transaction
47. A Transaction occurs between a Buyer and a Seller:
47.1 when a Seller elects to use the “Accept Bid” or “Accept” option on the Listing Page; or
47.2 when a Processor elects to use the “Confirm” option on the Listing Page,
48. The Buyer cannot cancel a Transaction accepted by the Seller and shall pay the Price.
Price
49. The Buyer shall pay the Price in full in cleared funds without deduction, set-off, counterclaim or any other legal or equitable claim by the Due Date to:
49.1 the Bank Account; or
49.2 in a Transaction for Livestock processing where the Processor is the Buyer, the Seller.
50. The Buyer and the Seller confirm StockX may apply any payment received for a Transaction:
50.1 in reduction of the Sum Owing;
50.2 as apportioned payments as StockX thinks fit to preserve any purchase money security interest in the Livestock;
50.3 to pay the Fee.
Risk and Security Interest
51. Risk in the Livestock passes to the Buyer on Delivery.
52. Ownership of the Livestock remains with the Seller and does not pass to the Buyer until StockX authorises payment of the Price (less the Fee) from the Bank Account.
53. The Buyer grants a security interest in the Livestock and all present and after acquired property of the Buyer to the Seller as security for payment of the Livestock, and for any other amounts that may be owing by the Buyer to the Seller, and for the performance by the Buyer of all other obligations owed to the Seller.
54. While ownership of the Livestock remains with the Seller and the Livestock secures the Buyer indebtedness and obligations, the Buyer:
54.1 holds the Livestock as bailee of the Seller; 54.2 must advise the Seller immediately:
   54.2.1 if a Default Event occurs;
   54.2.2 of any other action by third parties which could affect the Seller security interest in the Livestock; 54.3 grants the Seller an irrevocable license to take any action it considers necessary to protect the Livestock or its security interest in the Livestock (including entering the land and premises with the Livestock are stored, regardless of whether or not an occupier is present and removing them). The Seller shall not be responsible for any damage caused and the Buyer shall indemnify the Seller against any claim or costs arising from such action. 54.4 The Seller may resell any of the Livestock and apply the proceeds of sale in reduction of the Sum Owing.
55. If the Buyer resells or uses the Livestock before ownership has passed to the Buyer, the proceeds of such sale or use shall be received and held by the Buyer (in whatever form) in trust for the Seller. The interest of the Seller as beneficiary under that trust shall be equal to the Sum Owing. The balance proceeds (if any) shall be the Buyer beneficial interest under that trust.
56. The Seller may commence an action for the Sum Owing when ownership of the Livestock may not have passed to the Buyer. 
Contracting out of the PPSA
57. The Buyer waives the right to receive a copy of the verification statement confirming registration of a financing statement or financing charge statement relating to the security interest under the Terms & Conditions.
58. The Buyer:
58.1 shall not (without the prior written consent of the Seller) allow any security interest over the Livestock until payment of the Price;
58.2 waives, contracts out of and agrees that nothing in sections 114, 116, 117, 120, 121, 125, 127, 129, 131, 133 and 134 of PPSA shall apply to the Terms & Conditions;
58.3 shall pay all costs, expenses and other charges incurred by the Seller in relation to:
   58.3.1 the filing of a financing statement or financing change statement;
   58.3.2 any disputes or negotiations with third parties claiming an interest in the Livestock.
Transaction Payment Request
59. A Payment Request and Invoice from StockX shall be conclusive proof of a Transaction (unless StockX accepts that there has been a manifest error and given written acknowledgement of that error to the User).

Listing page
60. The User shall choose the category description most appropriate for description of Livestock.
Livestock
61. Livestock described on a Listing Page shall be:
61.1 cared and maintained in accordance with good farming practice until the Transaction is complete;
61.2 available for delivery by the Delivery Date.
62. A Seller:
62.1 warrants that Livestock on the Listing Page are not subject to any security interest under PPSA;
62.2 shall, at the request of the Buyer or StockX, provide written confirmation of the release of any recorded PPSA security interest.
63. The Listing Page allows the Seller to offer Livestock for sale through the Website: as “cents per kilo” (CPK); “fixed price per head”(FPPH); forward contract; with pregnancy warranty; pregnant.
64. Livestock for sale on the Listing Page as CPK shall:
64.1 list a weight based on estimated, actual or weight range;
64.2 in a Transaction be recorded on the Payment Request as an average price using the average weight on the Listing Page multiplied by CPK price;
64.3 be recorded for the Settlement Date in the Final Sale Value and Invoice using the agreed adjustments provided to StockX after Delivery;
65. Livestock for sale on the Listing Page as FPPH:
65.1 shall in a Transaction be recorded on the Payment Request by recording the number of animals on the Listing Page multiplied by the price per head;
65.2 may be reduced from the number specified on the Listing Page and in such case clause 32 (1) Sale of Livestock Act 1908 shall not apply;        
65.3 be recorded for the Settlement Date in the Final Sale Value and Invoice using the agreed adjustments provided to StockX after Delivery.          
66. Livestock for sale on the Listing Page as a “forward contract”:
66.1 shall require a separate Transaction for each delivery if the Buyer requires multiple delivery dates;
66.2 may have a clause allowing inspection by the Buyer to ensure the observance of good farming practices and standards;
66.3 will in a Transaction be recorded on the Payment Request as a deposit of 10% of the Price (unless otherwise agreed);
66.4 be recorded for the Settlement Date in the Final Sale Value and Invoice using the agreed adjustments provided to StockX after Delivery. 
67. StockX shall not pay the Seller interest on the deposit.
68. Livestock for sale on the Listing Page with a pregnancy warranty:
68.1 each animal must be “pregnant” when tested during the 28 day period following the earlier of Delivery or the Delivery Date;
68.2 the Buyer shall notify the Seller within the 28 day period about any animal in breach of the “pregnancy warranty” and elect to:
68.2.1 reject and promptly return the animal to the Seller;
68.2.2 receive a prompt refund for the animal from the Seller (that portion of the Final Sale Value plus the reasonable cost of return to the Seller);
68.2.3 keep the animal following renegotiation of that portion of the Final Sale Value.
69. Livestock for sale on the Listing Page as pregnant:
69.1 within the 5 day period prior to the Delivery Date will have a pregnancy test and/or scan at the cost of the Seller who will provide the Buyer with veterinary certificates of the results;
69.2 may be rejected by the Buyer if any animal aborts following the earlier of Delivery or the Delivery Date.
70. StockX shall provide a Final Sale Value, Invoice and credit/debit a User Account as required to complete the Transaction by the Settlement Date.
Livestock selection
71. If the Livestock to be listed in the Transaction are described on the Listing Page but not identified, the Buyer selection from the Listing Page shall be either:
71.1 the number specified in the Listing Page;
71.2 such lesser number as comply with the Transaction
72. The Buyer notice to the Seller of the animals selected shall form part of the Transaction.
Livestock transport
73. The Seller and Buyer are responsible between them for:
73.1 Livestock transport by Delivery Date;
73.2 compliance with all applicable standards imposed for transport and sale of Livestock;
73.3 agreement on the weighbridge location to finalise the weight of Livestock;
73.4 ensuring that a Carrier provides waybill and weighbridge documents that record accurate livestock tallies and weights;
73.5 immediately providing Carrier waybill and weighbridge documents to StockX for the Final Sale Value and Invoice.
74. Unless otherwise agreed between the parties the Buyer is responsible for the cost of a Carrier and weighbridge use.
Transaction confirmed (excluding when a Processor is a Buyer)
75. Following acceptance of the Buyer offer StockX shall:
75.1 send a Payment Request to the Address for Service of the Buyer;
75.2 notify the Seller and the Buyer:
   75.2.1 that the Buyer payment of the Price is cleared funds;
   75.2.2 the Settlement Date.
76. Immediately upon receiving the StockX notification that the Buyer payment of the Price is cleared funds the Seller shall:
76.1 provide the Buyer with completed declarations/notices that are required for transport and sale of Livestock prior to Delivery;
76.2 not allow Livestock that are sold CPK to be fed within 4 hours of Delivery.
77. At Delivery the Seller and Buyer shall immediately provide StockX with documentation to confirm the Livestock tally/weight.
78. A User:
78.1 may arrange to inspect the Livestock before placing a bid through the Website;
78.2 can only make an offer for Livestock on the Listing Page through the Website;
78.3 cannot withdraw an offer for Livestock after it has been accepted by the Seller;
78.4 upon receiving notification from StockX of the Transaction and the Payment Request must complete the Transaction by Due Date;
Livestock Rejection
79. The Buyer:
79.1 may reject Livestock that does not meet the description on the Listing Page;
79.2 shall give written notice that the Livestock is rejected to the Seller and StockX within 12 hours of delivery to the Location Address;
79.3 shall adequately care for the Livestock at the Location Address and maintain the Livestock in their condition of delivery in accordance with good farming practice.

Dispute
80. The User agrees not to join StockX as a party to any claim or dispute involving another User and expressly agrees that any breach of this clause is a Default Event.
81. StockX shall not be responsible for:
81.1 any dispute with a User;
81.2 any credit due to a User until written confirmation of such credit is received.
82. StockX may at its sole discretion provide a dispute service for a Transaction having regard to good farming practices and standards.
83. The Seller and the Buyer who request use of the StockX dispute service agree their discussion will be based on good will, and mutual respect.
84. The Buyer will:
84.1 raise the claim or dispute for a Transaction within 12 hours of Livestock arrival at the Location Address;
84.2 provide written detail of the claim or dispute to StockX and the Seller no later than 24 hours after Livestock arrival at the Location Address;
84.4 adequately care for the Livestock at the Location Address and maintain the Livestock in their condition of delivery in accordance with good farming practice.
85. Stock X will:
85.1 contact the Seller and Buyer to arrange to inspect the Livestock; 85.2 after Livestock inspection again contact the parties to reach agreement that:
   85.2.1 if the Livestock meet description, the parties can complete the Transaction;
   85.2.2 if the Livestock do not meet description:
      (a)  the Transaction is at an end and the Seller shall arrange to uplift the Livestock from the Location Address;
      (b) the Buyer and Seller renegotiate the Transaction;
      (c)  StockX will endeavour to introduce another Buyer.
Mediation
86. If the Buyer has raised a claim or dispute about a Transaction and provided written detail of the claim or dispute to the Seller the parties may, by written notice to the other at the Address for Service, refer the claim or dispute for mediation to an agreed mediator.
87. The User shall:
87.1 in good faith cooperate and participate in the mediation process making genuine attempts to find a solution acceptable to both parties;
87.2 pay the costs of mediation as determined by the mediator and in making such cost assessment the mediator shall take into account the merits of the parties respective positions and their compliance or otherwise with the spirit of this clause; 87.3 not issue any proceedings in respect of the matter alleged to be in dispute until the mediation process has been completed in full provided that this shall not prevent a:
   87.3.1 User from applying for urgent interim relief by way of injunction if necessary;
   87.3.2 Seller from registering a financing statement under PPSA.
Intellectual property
88. The User:
88.1 may print off copies and download extracts of any material from the Website for personal reference;
88.2 is not entitled to modify the paper or digital copies of any such materials and cannot use any illustrations, photographs, digital content or graphics separately from any accompanying text;
88.3 must get written permission from StockX before using any Website material for commercial purposes.

1. A Fee is recorded in NZ dollars, exclusive of GST.
2. Other costs may be required for a Transaction; for example Carrier and weighbridge certificate. 
3. Website advertising:
Prepaid to the Bank Account by credit card or direct debit;
Charged per month (excluding the day of listing) for each advertisement: $48.50 excl GST
4. Livestock:
2.5% of the Final Sale Value
5. Other service fee:
as agreed between StockX and a User.