Re: [Alpacasite] Re: An actual alpaca question!

What? We have alpacas here?

OK, this is a great question. It seems to me that first of all, a fertility guarantee is not the same as a live birth guarantee. However, if I buy a maiden alpaca who comes with a fertility guarantee, and then resell that animal before she is bred, I have the right to rely on the fertility guarantee in transferring the animal to my buyer. If it turns out that she is not fertile (or, as most contracts read, have the "equipment" to become pregnant and deliver a live cria), my buyer has the right to come back to me for reparation, and I have the right to go back to the farm who sold her to me to cover that reparation (assuming the respective reparations are comparable in nature and value). In law, this is considered a "third party action." I had the right to rely on the seller's warranty, and in so doing, would naturally express to any prospective buyer that the female in question was "guaranteed" to be fertile. I am responsible to my buyer, but my seller is responsible to me.

The major difference between livestock warranties and warranties of other products is that the conditions in which livestock are held may compromise the warranty. If my buyer can prove to a court that the animal was appropriately housed, fed and maintained, and that her health was not compromised by any action or environmental condition, and I can prove the same for the animal's tenure at my farm, then it seems to me that the warranty should be held valid.

Judith Korff
LadySong Farm
2473 Bunker Hill Rd.
P.O. Box 33
Steamburg, NY 14783
(716) 354-6355
A Holistic Management Farm
Conducting a Symphony of Quality, Value and Customer Care

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