RE: [AlpacaTalk] fertility questions
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
Sent: Saturday, November 28, 2009 8:38 AM
To: AlpacaTalk@yahoogro
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."
And then this:
"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!
Heather
Heather Zeleny
White Lotus Alpacas
Oregon
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. " Robin Richard and Robin Vasquez 325B Denio Avenue Phone: 408-842-5233/ Cell 408-710-0676/ A Ranch of Distinction LTA
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. Heather Heather Zeleny White Lotus Alpacas Oregon Holistic Farm and Elite Fleece On Nov 27, 2009, at 7:38 PM, Marsha wrote:
|
posted by Chaddo at 8:55 AM
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