[Alpacasite] Re: An actual alpaca question!

--- In Alpacasite@yahoogroups.com, "Susan Retzer" <schnzr@y...> wrote:
>
> I'm wondering what the industry practice is on this scenario. I buy
a
> maiden female, and she comes with a fertility (live birth)
guarantee.
> I then sell this female before she has been bred. If this female
then
> turns out to be infertile, I would be responsible for reimbursing
the
> person to whom I sold the alpaca. Question--what about the original
> fertility guarantee that I received when I purchased her from the
> original seller?
>
> Sounds kind of confusing even to me. I haven't encountered this
> situation, but when thinking of all the "re-selling" that goes on,
> just wondered what thoughts are out there on this.
>

This is an eventuality that you will want covered clearly in your
purchase contract.

It would be a mistake to assume that any guarantees extended to the
first buyer would transfer to the second, unless this is explicitly
stated.

Most contract contain language defining the conditions on which any
guarantees are based. It becomes infinitely more complicated if there
are a chain of purchasers between the original sale and the discovery
of any problems. Therefore, it makes sense that each seller in the
chain assumes the risk of any guarantees that are offered.

I am not an attorney, so take this with a grain of salt. I would
however probably retain an attorney if someone that I had not made a
sale to was trying to hold me to a guarantee that I had not made to
them.

John Merrell
Gateway Farm Alpacas
http://www.gateway-alpacas.com
Alpaca, a natural elegance...

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