In my case, we bought our female and a gelding from someone that was getting out of Alpacas. Part of the purchase agreement was that the female be bred to a male of hers but there was no cria from that. These were our first Alpacas and being new to all of this and the fact the seller was getting out of Alpacas, there isn't a clause in our contract about the what ifs (no cria). Not sure if we have any recourse or not at this point :( Lot of money spent on a female if she can't produce. The seller is aware that we haven't been able to get a cria from her as of yet (and not offered anything because of it)..
Marsha
--- On Sat, 11/28/09, Allison Moss-Fritch <aemoss17@comcast.net> wrote:
From: Allison Moss-Fritch <aemoss17@comcast.net>
Subject: RE: [AlpacaTalk] fertility questions
To: AlpacaTalk@yahoogroups.com
Date: Saturday, November 28, 2009, 11:55 AM
Hi Heather, Given the language of your contract, you plainly have the remedy of requesting a replacement animal. Given that no specific time period has been specified for the determination of what would be a reasonable time to prove either fertility or infertility, then a reasonable time is implied by law. In this case a reasonable time would be long enough to become pregnant and carry a cria to term. Reasonable proof of infertility would be a repro exam coupled with attempts to settle the animal with a proven male who has produced progeny. Since who bears costs has not been specified, you might suggest that they be split…or that you bear costs of breeding and they bear costs of repro exam before replacement clause kicks in. Additionally, although you have express warranties, all of the normal "implied" warranties would exist as well. Plus, you have the express warranties as stated and construed by law of your locality. Your girl has not settled, you have given her time. Have you notified the seller of your predicament? Also, have you given them a chance to have the girl's status reviewed by their vet at their expense? Both of those would be reasonable moves in this situation. As usual, I give the following caveat. I'm a retired attorney who was licensed in California. I'm not practicing law or giving legal advice, just general information which may be of use. You should consult with an attorney licensed in your area if you believe that legal action may be necessary. In these situations, I believe that early communication and dialog is really necessary….and the earlier the better! Best of luck with these frustrating events…hope your girl finally settles. Allison Allison E. Moss-Fritch New Moon Alpacas 350 Cloquallum Rd. Elma, WA 98541 360 861-8584 From: AlpacaTalk@yahoogro ups.com [mailto:AlpacaTalk@ yahoogroups. com] On Behalf Of Heather Zeleny
Sent: Saturday, November 28, 2009 8:38 AM
To: AlpacaTalk@yahoogro ups.com
Subject: Re: [AlpacaTalk] fertility questions My situation was a trade, and here are the relevant clauses. "7. Seller's Express Warranties. Barring any unforeseen events, Party 1 warrants "Female Alpaca" to be a healthy dam capable of reproduction. Party 1 is not aware of any current adverse medical condition in the animal." "9. Exclusive Remedies If The Parties Claim The Alpaca Is Infertile. In the event that one or both of the alpacas proves to be infertile each party will provide a suitable replacement or have the option to revoke the contract and send each alpaca to the original farm. If other remedies are presented they will be evaluated at the time." So when you buy or trade, make sure your contract provides recourse if the animal does not produce after you receive it! Holistic Farm and Elite Fleece On Nov 28, 2009, at 7:47 AM, Richard & Robin Vasquez wrote:
Check your contract to see what it says. I have a few that say " This alpaca is sold with a reporductive guarantee. If said alpaca has previously produced a healthy cria her guarantee is fulfulled. " Richard and Robin Vasquez
R & R Ranch LLC 325B Denio Avenue
Gilroy,CA 95020 Phone: 408-842-5233/ Cell 408-710-0676/ 710-7911
--- On Fri, 11/27/09, Heather Zeleny <alpacatalk@gmail. com> wrote:
From: Heather Zeleny <alpacatalk@gmail. com>
Subject: Re: [AlpacaTalk] fertility questions
To: AlpacaTalk@yahoogro ups.com
Date: Friday, November 27, 2009, 7:44 PM
I'll add that after my girl's last abortion, we did a dilute betadine uterine flush for a week, in case of a uterine infection. She was not bred after the last abortion because of the calendar date. I have yet to schedule the vet appt for the repro exam, but the bottom line is, I expected and am entitled to a female who can produce at least one cria, as per the terms of the contract. No matter whether the vet exam finds anything wrong or not, my dam has not produced a live cria for me. Holistic Farm and Elite Fleece On Nov 27, 2009, at 7:38 PM, Marsha wrote:
| Robin
Thank you for your input. We will certainly be looking into these and hopefully be able to get a cria.. She is our only female so needless to say, very discouraging that we've had her two years and no cria yet.
Marsha
--- On Fri, 11/27/09, Richard & Robin Vasquez <rv@lovethemalpacas. com> wrote:
From: Richard & Robin Vasquez <rv@lovethemalpacas. com>
Subject: Re: [AlpacaTalk] fertility questions
To: AlpacaTalk@yahoogro ups.com
Date: Friday, November 27, 2009, 10:28 PM
My first guess would be a low grade uterine infection. If they get pregnant (which it sounds like she is) and is unable to hold it that usually is a uterine infection. A uterine culture would let you know if that was the case. I heard that spit off 1st week = ovulation, 2nd week = conception, 3rd week = implantation. .
Good luck, I am messing with a few girls that are being difficult in the pregnancy dept also. Fortunately that is not the norm. Richard and Robin Vasquez
R & R Ranch LLC 325B Denio Avenue
Gilroy,CA 95020 Phone: 408-842-5233/ Cell 408-710-0676/ 710-7911
--- On Fri, 11/27/09, Heather Zeleny <alpacatalk@gmail. com> wrote:
From: Heather Zeleny <alpacatalk@gmail. com>
Subject: Re: [AlpacaTalk] fertility questions
To: AlpacaTalk@yahoogro ups.com
Date: Friday, November 27, 2009, 7:09 PM
First, you'll need to have a reproductive exam done by your vet. I need to have one done on one of my girls, who produced several live healthy crias before I got her, but since she's been at my farm has aborted twins in the first trimester 3 times in a row, in the last year and a half. After the vet exam, I think no matter what the results are, since you (and I) have not had a live cria from our female, look at the contract. Usually the recourse is return of the female and a replacement or refund. In my case, refund would be return of the animal I traded. Holistic Farm and Elite Fleece On Nov 27, 2009, at 7:01 PM, __A_YAHOO_USER_ _ wrote:
We have a female that has been bred several times and has yet to produce a cria. She has never had one prior to our purchasing her. She spits the boys off for the first 6 - 8 weeks even if they just come close to the fence line near her but after that will cush again.
Are there specific tests that is recommended to be done on her to see if she is capable of holding a pregnancy? Is there anything that can be done to help her hold the pregnancy? She's not been stressed at all during this time frame. Any and all info on this would be greatly appreciated.
Thanks, Marsha | | |
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