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Thursday, June 25, 2009

Re: [AlpacaTalk] BEW



Heather, you wrote, "We later find out that
"this is the 3rd CA cria from this dam. So now what?"

You were shocked Heather, I am sure you were TICKED OFF in a big way. I would be, in fact I would be strongly considering a threat of legal action so that these folks never would buy a breeding for that female again. Ultimately, I wouldn't sue or involve attorneys, but I sure would try to give them a reason not to breed her, again.

That is a very sad situation, for a sire's reputation is now terribly tarnished. If it were I, I think I would have a very tough time using him, for if somewhere down the line one of his direct progeny, or one of his descendants threw a CA cria, it would all come crashing down and I would be one of the "no good rotten farms" that perpetuated the problem.

This is an absolutely terrible situation. A horrible loss for that farm that owns the stud, but you can never go wrong taking the highest road possible.

As for the contract disclosures, you are absolutely right that congenital does not mean genetic, but at least the issue is on the table for discussion so that everyone makes an informed decision about the breeding to take place.

So sorry about that stud....a truly lousy situation.

Laurel

The Shouvlins
Bluebird Hills Farm
Springfield, Ohio
937-206-3936
www.bluebirdhills.com
bluebirdhills@voyager.net






> I think that's an excellent idea. Laurel. That is a standard clause
> in breeding contracts, the dam owner certifies that she has never
> produced a cria with congenital defects, etc., etc. I agree, the sire
> owner should certify the same for their sire.
>
> However, congenital doesn't mean genetic.
>
> But, I just remembered another breeder who had a paid breeding from
> someone I know. They wrote to tell this person that the cria had
> bilateral CA. Sire owner and I were shocked. We later find out that
> this is the 3rd CA cria from this dam. So now what?
>
> Heather
>
>
> On Jun 24, 2009, at 1:41 AM, Bluebird Hills Farm wrote:
>
>>
>>
>> A thought on how one might protect themselves...
>>
>> I mentioned that in our stud service contract we ask the owner of
>> the dam to state that the dam is not related to, nor has any
>> progeny with defects.
>>
>> There is no reason why you, as a buyer of stud services, could not
>> ask the person selling the breeding to sign a statement that their
>> male has never sired a cria with defects, nor are they aware of any
>> progeny or ancestors having done so,
>>
>> Full disclosure on the part of both parties involved might be a
>> good thing for all??? If a cria is born with a defect and it turns
>> out that this is not a first for that male, then there could be
>> some serious legal ramifications if the dam owner wanted to go down
>> that path. Balking at signing such an agreement might be a red flag
>> to the stud service buyer. I would view this as an ounce of
>> prevention being better than a pound of cure and would at least
>> convey how serious you are about keeping defects out of your program/
>>
>> Laurel
>>
>> The Shouvlins
>> Bluebird Hills Farm
>> Springfield, Ohio
>> 937-206-3936
>> www.bluebirdhills.com
>> bluebirdhills@voyager.net

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