Thank you for choosing Block and Livestock to help on your property.

These Terms of Trade are subject to change without prior notice. 

Relax and Rely On Us: You the Client can rely on us to provide skilled, polite, trustworthy people with tools and machinery that are up to the task required for the Works. When arriving to do the Works we will make ourselves known to you by knocking on the door or leaving a business card in the mail box. You do not need to be at your property for us to do the Works required, access is required to do all works and codes for gates etc. will need to be given to us. Privacy of the Client and any codes will be kept confidential. All gates will be left as we found them unless otherwise requested. 

1.        Definitions

a.         “Contractor” means Block and Livestock Limited, its employees and contractors acting on behalf of and with the authority of Block and Livestock Limited. 

b.         “Client” means the person/s or authorised agent or legal entity described in the application, or stated on the invoice or quote, buying works from the Contractor. 

c.         “Works” means all Work done, Services provided, Materials provided and includes any recommendations and advice by the Contractor to the Client 

d.         “Price” means the amount of money expected, required, or given in payment for Works done 

e.         “Invoice” means a document given to the Client by the Contractor to collect payment for Works completed 

f.            “Site” means the address given to the Contractor by the Client for the work to be done 

g.         “Contract” means a written or spoken agreement that is between the Client and the Contractor for the Works 

h.         “Good and Materials” means any product or service provided by the Contractor to the Client 

i.             “Livestock” means the animals in the paddocks or pasture

2.        Insurance: The Contractor will carry a comprehensive Public Liability Insurance. 

3.        Safety: The Contractor has Memberships and is current with Health and Safety procedures. Best practise will be followed. In some situations the Client will be obstructed from the working area for their safety. 

4.        Boundaries and Services: The Client is responsible for locating and advising the Contractor of the correct boundary line and any underground Services. The Contractor shall be under no liability for any damage caused to the services under the contract. The client shall be solely liable for any such damage. When requested, Underground Service Location should be done before excavation. This will be up to the client unless agreed to prior in writing. 

5.        Reasonable Care: The Contractor will take all reasonable steps to do the Works safely. The Client is responsible for keeping the site free from any chattels that could be damaged in the process of our work. When heavy machinery is required to do the Works the Client understands that to carry out Works specified the Contractor will not be liable for damage caused. When pasture is saturated, damage from tractor or ATV wheels, mower blades and other machinery can happen. Obstructions like water pipes, troughs etc will be shown to the Contractor. If damaged, the Contractor will tell the Client immediately, the Contractor will take action to minimise the effects as best as they can where possible like shutting off a water pipe. All practicable steps to avoid such incidents will be taken by the Contractor but the Client accepts that the Contractor will not be liable for any reasonable damage to property that occurs and will not be liable for repair. 

6.        Damaged to Contractors Equipment: The Contractor will take practical steps like walking areas with long grass to obtain the locations of any obstructions to avoid machinery damage. The Contractor reserves the right to charge for any damage if caused by a concealed hazard known to the Client that was not shown to the Contractor. The Contractor reserves the right to suspend or stop any Works if equipment or machinery will be damaged by hazards or materials in the Works area. Includes but does not limit to Rocks, Stones, Steel, Stumps, and Concrete etc. Works completed to that point will be Invoiced for payment. 

7.        Access: Access is required to carry out all Works. Dates and times will be agreed upon prior to Works commencing. If access is not given, or the Contractor arrives at the agreed time and date and is unable to gain access, the Client may be Invoiced for “Time Wasted” 

8.        Ownership: Good and Materials to do the Works are owned by the Contractor until final payment is made. Ownership of goods and materials supplied by the Contractor shall fully remain their property until any such goods are paid for in full. We reserve the right of removal of goods for unpaid debts. The Client gives the Contractor full permission and or any person servant, to enter into the premises, by any means possible where any such goods are installed, or otherwise, for the purposes of recovery of the said goods and/or materials.

9.        Animal Health: The Contractor will take all practical and reasonable steps using Preventative Healthcare as well as Pasture and Disease Management to take care of the Clients Livestock. Management plans will be followed to help prevent illness and/or injury to Livestock. If illness or injury occurs the help of industry partners like Vets may be bought in to help. Animal Management Plans / Works/ Quotes or Prices do not include or allow for any additional costs of planned or emergency call outs, procedures, transport, materials or medication/s for any Livestock. Livestock health and wellbeing is very important and Veterinary Works will be done as needed and Invoiced out including any additional costs from any party required to help the animal/s. All care will be given to the Livestock but the Contractor nor any other related party will be Liable for any Illness or death of any livestock. 

10.  Quotes: A Quote is a fixed price that is agreed to by both the Client and the Contractor and is to be paid in full at the completion of the Works in the timeframe stated on the Invoice. Any Works that the Client wants completed that is outside the scope of the originally agreed upon quote, will be either Quoted and agreed to before starting, or; done at the Contractors current hourly rate plus travel at the same rate, (unless agreed otherwise in writing). Remember….If it’s not on the Quote, then it’s not included in the agreed Works. 

11.  Payment: Unless otherwise noted in the Quote, the Client agrees to pay their Invoice / account in full within the time stated on the invoice. Failure of full payment within the payment terms the Client will be liable to pay the Contractor:

a.         Default Interest: of 10% per month until payment is made

b.         Legal Expenses: Any expenses including any debt collection fees, disbursements and legal costs incurred by the Contractor in recovering unpaid invoices shall be paid by the Client. 

12.  Arbitration: Should any dispute arise regarding the Works or the Contract; firstly the Contractor will endeavour to resolve any dispute between the Client and itself without the need for Court proceedings. If any such attempt is not satisfactory to the Client or the Contractor, it shall be referred to arbitration in accordance with the Arbitration Act 1996 and its amendments. Any decision of the arbitrator shall be final and binding upon both parties.

13.  Privacy Act:

a.         The client permits the Contractor to collect, use and retain information concerning the client, for the purpose of assessing the client’s credit worthiness or to enforce any rights under this contract.

b.         The client permits the Contractor to disclose information obtained to any person for the purposes set out in (a).