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Wednesday, August 25, 2010

RE: [AlpacaTalk] Re: Fiber male sales contract

 

Rebecca,

            I am so glad to see this information pointed out so clearly regarding the Registration Certificate not conferring legal ownership.

 

            I had a situation with a newly purchased four year old male alpaca.  I paid cash for him and two others and had a sales contract to that effect.

            After two weeks of bringing them to our farm, he knocked me down.  I was so surprised and taken off guard. I notified the breeder and requested she take him back and she refused to take him back OR refund or exchange him for another. I was advised by several experienced breeders to take him back or put him down.  I checked with three different farms to see if anyone wanted him.  I was willing to give him away.  Nobody wanted him or the liability that came with him.

 

            In the two weeks that followed, he became more aggressive.  I wouldn’t go into the pasture with him, and my teens were told to steer clear of him. He would rush to the gate as we approached and it wasn’t the typical “do you have food for me ?” rush……his body language told me he was very unhappy.  My husband took care of him and he tried to jump on him, also.

 

            The final straw was when we went to remove two younger males from the pasture and he came barreling for my husband.  My husband had a pen panel in his hands and used it like a shield to protect himself and while jumping on him, the alpaca BIT him in the chest.  All of this was very scary.

 

            I contacted the breeder one more time and told her if she wanted him to please come get him, otherwise we were having him euthanized.  She never asked me to keep him until she could come get him, but said she couldn’t come get him.  All the while acted as if it was all my fault and I did something to make him this way.

 

            The vet came and had to use a blow dart to sedate him.  He came rushing the gate and was clearly loaded for bear.  After he was sedated, he was euthanized.  

 

            I never formed a loving bond with him, but it made me sad and I felt like such a failure.

 

            The breeder informed me that I killed him before he was registered in my name, therefore she could sue me.  I knew the Registration papers had nothing to do with proof of ownership, but I have to admit I was shocked that this woman, who claimed to have so much experience with alpacas and had been in the business for a good while, would think that those Registration papers would take precedence over a sales contract.

 

            Our first year of alpaca ownership was full of trials and tribulations, but we managed to get through it without and human injuries.  The other two males are still with us and doing well.  I will never buy an adult male, though.  I know there are many wonderful ones out there, but this was just too much for us.  I have since purchased and been gifted several young males.  They are sweethearts, but they are not pocket pets and unless I have food, they could care less about me being there.  They do not run up and give kisses, as she suggested hers did. Ugh!

 

            Sorry, got side tracked and verbose.  This subject still hits a nerve with me.

Laura

 

Laura Roberts

R Half Pint Farm

Spotsylvania, VA 

 


From: AlpacaTalk@yahoogroups.com [mailto:AlpacaTalk@yahoogroups.com] On Behalf Of Rebecca
Sent: Wednesday, August 25, 2010 5:57 PM
To: AlpacaTalk@yahoogroups.com
Subject: [AlpacaTalk] Re: Fiber male sales contract

…………………………………………………………………………..One thing I want to point out is that using these contracts that are based on the original AOBA contract templates (also in the files), is that any wording referring to "title" is misleading. Alpacas do not have ownership titles like cars. They have Registration Certificates which do not confer legal ownership, only genealogy. The sales contract is what confers legal ownership.


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[AlpacaTalk] Re: Fiber male sales contract

 

Thank you Morgan. Looking at your wording, I see that your language takes into consideration that the alpaca may not already be registered. I uploaded a Contract for Purchase of A Non-Breeding (pet/fiber) Alpaca in the Files section of this group that has wording that takes into account that the alpaca may be previously registered as well as your wording that handles the contingency that the alpaca is not currently registered. Your wording also assumes that the alpaca is a male. However there may be situations where the alpaca is a non-breeding female, so I have made edits that keep the alpaca gender neutral.

One thing I want to point out is that using these contracts that are based on the original AOBA contract templates (also in the files), is that any wording referring to "title" is misleading. Alpacas do not have ownership titles like cars. They have Registration Certificates which do not confer legal ownership, only genealogy. The sales contract is what confers legal ownership.

--- In AlpacaTalk@yahoogroups.com, "dreamwoodalpacas" <faileflys@...> wrote:
>
> Rebecca,
>
> I can't send you the whole contract, but here are the provisions I used when I purchased a male at a non-breeding price with the right to upgrade to breeding status for a further payment:
>
> 3.Passage of Title and Possession. Upon payment in full, delivery to Buyers by Sellers of the Bill of Sale, properly executed to effectuate a transfer of ownership to Buyers in accordance with rules and regulations of the ARI, and the delivery of possession of the animal to Buyers, then title shall pass to Buyers.
>
> 4. Delivery of ARI Certificate. Upon Buyers' request and at Buyers' cost, Sellers will timely approve Buyers' registration of the alpaca with ARI as a non-breeding male. Should Buyers decide to use said alpaca for stud service then an additional payment of $______.00 dollars is due to Sellers, at which time Sellers will permit Buyers to upgrade the animal's registered status to breeding male.
>
> 9. No Other Warranties. No other warranties are made. Sellers makes no warranty that the alpaca is suitable for breeding, or that it has sired or produced offspring. Seller has sold this alpaca for a low price because it is not a breeding quality animal. The Buyer intends to use the animal as a pet and for the production and harvesting of its fleece, but not for breeding. All descriptions and representations about the animal are merged into this document. The Buyer has no right to rely upon any statement, description, or representation concerning the animal except as set forth in this document.
>
> Cheers,
> Morgen Bowers
> Dreamwood Farm
> Claverack, NY
> www.dreamwoodfarm.com
>
>
> --- In AlpacaTalk@yahoogroups.com, "Rebecca" <rebecca@> wrote:
> >
> > I have been looking for a sales contract that includes language dealing with selling a fiber alpaca without ARI registration transfer unless an additional price is paid for ARI transfer and breeding rights. If anyone has an example they can send me, please send it to rebecca <AT> alpaacadero.com Thank you.
> >
>

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[AlpacaTalk] New file uploaded to AlpacaTalk

 


Hello,

This email message is a notification to let you know that
a file has been uploaded to the Files area of the AlpacaTalk
group.

File : /Contract for nonbreeding alpaca.doc
Uploaded by : kali_dasa23 <rebecca@alpacadero.com>
Description : Contract for Purchase of A Non-Breeding (pet/fiber) Alpaca

You can access this file at the URL:
http://groups.yahoo.com/group/AlpacaTalk/files/Contract%20for%20nonbreeding%20alpaca.doc

To learn more about file sharing for your group, please visit:
http://help.yahoo.com/l/us/yahoo/groups/original/members/forms/general.htmlfiles

Regards,

kali_dasa23 <rebecca@alpacadero.com>


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[AlpacaTalk] Re: Fiber male sales contract

 

Rebecca,

I can't send you the whole contract, but here are the provisions I used when I purchased a male at a non-breeding price with the right to upgrade to breeding status for a further payment:

3.Passage of Title and Possession. Upon payment in full, delivery to Buyers by Sellers of the Bill of Sale, properly executed to effectuate a transfer of ownership to Buyers in accordance with rules and regulations of the ARI, and the delivery of possession of the animal to Buyers, then title shall pass to Buyers.

4. Delivery of ARI Certificate. Upon Buyers' request and at Buyers' cost, Sellers will timely approve Buyers' registration of the alpaca with ARI as a non-breeding male. Should Buyers decide to use said alpaca for stud service then an additional payment of $______.00 dollars is due to Sellers, at which time Sellers will permit Buyers to upgrade the animal's registered status to breeding male.

9. No Other Warranties. No other warranties are made. Sellers makes no warranty that the alpaca is suitable for breeding, or that it has sired or produced offspring. Seller has sold this alpaca for a low price because it is not a breeding quality animal. The Buyer intends to use the animal as a pet and for the production and harvesting of its fleece, but not for breeding. All descriptions and representations about the animal are merged into this document. The Buyer has no right to rely upon any statement, description, or representation concerning the animal except as set forth in this document.

Cheers,
Morgen Bowers
Dreamwood Farm
Claverack, NY
www.dreamwoodfarm.com

--- In AlpacaTalk@yahoogroups.com, "Rebecca" <rebecca@...> wrote:
>
> I have been looking for a sales contract that includes language dealing with selling a fiber alpaca without ARI registration transfer unless an additional price is paid for ARI transfer and breeding rights. If anyone has an example they can send me, please send it to rebecca <AT> alpaacadero.com Thank you.
>

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Re: [AlpacaTalk] Fiber male sales contract

 

I don't think I have one that specifies that, but I'll look them over. Maybe you can just add a clause to that effect, in an existing sales contract for an intact male.



Heather

Heather Zeleny
White Lotus Alpacas
Oregon

Holistic Farm and Elite Fleece

On Aug 25, 2010, at 6:39 AM, Rebecca wrote:

 

I have been looking for a sales contract that includes language dealing with selling a fiber alpaca without ARI registration transfer unless an additional price is paid for ARI transfer and breeding rights. If anyone has an example they can send me, please send it to rebecca <AT> alpaacadero.com Thank you.


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[AlpacaTalk] Invitation to connect on LinkedIn

 

LinkedIn

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Cinda,

I'd like to add you to my professional network on LinkedIn.

- Alpaca

 
Accept View invitation from Alpaca Nan

 

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Setting your profile as public means your LinkedIn profile will come up when people enter your name in leading search engines. Take control of your image!

 

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Re: [AlpacaTalk] Fiber male sales contract

 

hi Rebecca - i think they are many of us who would like to share that information - could we discus it on the listserve?
thanks
Wendy
DreamWeaver Alpacas
BC
----- Original Message -----
From: Rebecca
Sent: Wednesday, August 25, 2010 6:39 AM
Subject: [AlpacaTalk] Fiber male sales contract

 

I have been looking for a sales contract that includes language dealing with selling a fiber alpaca without ARI registration transfer unless an additional price is paid for ARI transfer and breeding rights. If anyone has an example they can send me, please send it to rebecca <AT> alpaacadero.com Thank you.

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Re: [AlpacaTalk] Alfalfa girls

 

I was also told alfalfa was good for weight gain and I have a girl who has always been lean according to her former owners. She produces nice crias and I wanted her on alfalfa anyway but sure didn't expect the resistance to the orchard grass. I have gathered a mid bale sample for testing which I will drop today to be sure the protein isn't through the roof. Thanks!!!! dee

On Tue, Aug 24, 2010 at 11:28 PM, Laura A. Roberts <laura0554@hughes.net> wrote:
 

Dee,

            I am by no means an expert, having only been in the business for two years, myself. 

            I was advised by a long time alpaca owner/breeder to feed alfalfa hay in the winter to the pregnant or lactating girls or any alpaca needing a bit "extra".

 

            Our pregnant and nursing girls get orchard grass-all you can eat buffet and four of them share a flake of alfalfa hay every evening.  My underweight girls get some, too, as do any weanlings for a bit………to get them over the hump of no more mama. 

 

           

Laura

 

Laura Roberts

R Half Pint Farm

Spotsylvania, VA 

 


From: AlpacaTalk@yahoogroups.com [mailto:AlpacaTalk@yahoogroups.com] On Behalf Of Dee Garrett
Sent: Tuesday, August 24, 2010 9:15 PM
To: AlpacaTalk@yahoogroups.com
Subject: [AlpacaTalk] Alfalfa girls

 

 

I am having an issue with my girls. Five are pregnant and all come from an area where they  were given Teff grass, which is not available here. They have refused to eat the hay that is pretty much the standard hay given alpacas here. I got it from the farm of the man who provided several alpaca farms and my girls sniffed and left the barn, prefering to try to find grass in an area that is pretty much eaten down.

They do, however, eat an alfalfa, orchard mix that I got for them. I am going to have it tested but since I had nearly run out of hay I had little chance to do that before feeding it to them. They are perfectly fine eating this combination but  I know that alfalfa can contain way too much protein for alpacas.

What advice would anyone offer for this situation? I can't exactly let them starve. They have crias due from  Sept to Nov. if that information adds anything to this mess.

There will be an orchard grass/alfalfa cutting in about two weeks with the 30 days after that curing before I can give it to them...right around the time the middle crias are due. Any and all advice is appreciated! This is my first year in this business and I don't want to mess up right off the bat.

--
Dee
FutureAlpacas
Goshen, Virginia




--
Dee
FutureAlpacas
Goshen, Virginia

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[AlpacaTalk] Fiber male sales contract

 

I have been looking for a sales contract that includes language dealing with selling a fiber alpaca without ARI registration transfer unless an additional price is paid for ARI transfer and breeding rights. If anyone has an example they can send me, please send it to rebecca <AT> alpaacadero.com Thank you.

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