Bull fertility warranty
Vendors who unwittingly sell bulls that prove infertile can protect
themselves from potentially heavy consequential loss claims triggered
by infertility if they buy a Private Breeding Warranty produced
by the National Beef Association.
It covers the terms and conditions of private, on-farm sales and
is especially useful now that suckled calf breeders are preparing
the ground for their spring 2006 calf crop and buying new bulls.
It's most valuable function is the protection it gives vendors
from claims resulting from indirect or consequential loss which
only recently included an award of £32,000 on an infertile
bull sold without warranty cover for only £2,000.
But it also sets out exactly what is required of the vendor, the
purchaser, and the animals themselves as well as outlining the
disputes procedure too.
"Infertility is a problem that can ambush anyone because
it is not noticed immediately and when it is discovered the damage
is difficult, if not impossible, to repair," explained the
NBA's policy advisor Kim-marie Haywood.
"We fully recommend that all bulls, whether purchased privately
or in the ring, are semen tested before they are accepted by the
vendor but many are not and in these instances a warranty is an
extremely useful tool."
"The NBA warranty covers all pedigree breeds and for just £10
a head can save not just as lot of headache but also some hefty
blows to the bank account because under its terms the purchaser
has no right to claim damages from the vendor for any indirect
or consequential loss or any other loss whatsoever."
"And if, in the event of an infertility problem, discussions
between the vendor, purchaser and the relevant breed society fail
to arrive at a mutually satisfactory solution additional action
can be taken through an independent arbitrator under the terms
of the Arbitration Act," Miss Haywood added.