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Saturday, November 28, 2009

Re: [AlpacaTalk] fertility questions

 

Hi Allison,

This girl arrived at our farm in January 2008. I waited until spring to breed her. This is her breeding schedule.
May 31, 2008 bred
June 23, 2008 bred
June 27, 2008 spit
July 2, 2008 spit
July 5, 2008, during spit testing another girl, she kushed, so we brought her intended back and they bred.
July 12, 2008 spit
July 26, 2008 spit
August 12, 2008 spit
October 9, 2008 aborted twins 96 days gestation

October 26, 2008 bred to a different sire
no spit testing.
January 15, 2009, aborted twins 82 days gestation

May 30, 2009 bred to my grey boy
June 1, 2009 spit
June 8, 2009 spit
June 11, 2009 spit
June 27, 2009 spit
July 2, 2009 spit
July 31, 2009 bred after resorption some time after July 2, 2009
August 12, 2009 spit
October 2, 2009 spit
October 8, spit
October 19, 2009 aborted twins 80 days gestation


After the first abortion, I chalked it up to the fact that twins often abort in the first trimester. After the second time, I did inform the previous owner, and I did mention it to our vet, who thought those were strange odds but didn't offer any medical explanation. Now, after the third time, I will have a reproductive exam done, but the past month has been very busy so I haven't scheduled it yet.. I hope our local vet will be able to do it rather than having to take her to OSU.

And, I did inform the previous owner of the third time, at which point he asked if I had had an exam done, which I have not, at this point. 

However, whether they find anything wrong or not, she has not produced a live cria for me, and I selected her for her bloodlines and color. 


Heather

Heather Zeleny
White Lotus Alpacas
Oregon

Holistic Farm and Elite Fleece

On Nov 28, 2009, at 8:55 AM, Allison Moss-Fritch wrote:


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

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posted by Chaddo at 9:16 AM

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