Karen Walsh: Check contract small print before you buy a new bull
Much to the dismay of his owner, Benji was more interested in weanling bulls than the cows around him.
The farmer was given veterinary advice that his pedigree animal had obvious gay tendencies, and was not up to carrying out the function for which he was purchased.
Benji and the obvious lack of the fruits of his loom may have been an interesting story that caught the attention of the world.
But if you are a farmer trying to run a farming business, and the bull you purchased proves less than adept at fulfilling the task nature had intended him to do, it can be a costly problem.
Keeping a defective bull is expensive. Complete infertility is rare in bulls. But approximately 20% of bulls are sub-fertile, they will get some animals pregnant, but it will take several attempts and therefore more time.
As most farmers calve their animals in the spring or autumn, the consequence of a sub-fertile bull is more empty females at the end of the breeding season.
A sub-fertile bull will also lead to a spread-out calving pattern. This inefficiency results in a significant reduction in farm profits.
Therefore, sub-fertile bulls are just as much of a nuisance as infertile bulls and should be identified.
Disputes in relation to infertile animals are common, especially when they affect the reproduction capability of your herd.
Each party’s respective rights and obligations can depend on the conditions of sale which are contained in the sales catalogue related to the sale.
If you are buying the bull at a pedigree sale, you should review a copy of the sales catalogue for the sale at which you purchase the bull.
In general, the sales catalogue provides that the pedigree history and description of each animal shall be guaranteed and warranted to be correct in all particulars, where the person whose name appears as seller.
The sales catalogue for breed society premier bull sales often provides a bull fertility guarantee and indemnity, in circumstances where fertility cannot be guaranteed at the time of sale.
They can provide that the seller guarantees that each bull is capable of getting stock in calf, by natural service, from 14 months of age, which shall be deemed to be fulfilled as soon as five females, or 50%, whichever is the lesser number of animals put to the bull, are in calf to the bull by natural service subsequent to the sale.
The terms of the guarantee need to be examined closely, for example, it provides that all bulls are guaranteed by the sellers to be capable of natural and effective service for 90 days from the date of sale.
However, any bull that is not capable arising from injury or illness after the sale, is not covered by the warranty.
Furthermore, any bull which has not been proven to be incapable of natural and effective service before it dies, is not covered by the warranty.
Procedure for notifying the problem is also set out in the sales catalogue.
Most private sales are agreed orally between the buyer and the seller, and it is one person’s word against the other in the event of a dispute.
If the seller induced you into buying a bull by stating that it was suitable for breeding, it may be regarded as a warranty given at the time of sale.
Therefore, the seller who provided this information could be held liable for loss and damage arising from the fact that the bull was not fit for breeding.
Unless the seller could prove that the bull was fertile on leaving his farm, it would be difficult for him to argue that he became infertile at a later point under your care.
However, it would be open to the seller to inspect the bull at your premises, to ensure that any incapacity was not caused or contributed to by injury or illness, which occurred while the bull was on your farm.
If there is still a dispute, this is an issue which the parties should try to sort out between themselves, as the legal costs in pursuing this matter would, in the majority of cases, outweigh the value of the bull.
So, while Benji didn’t need protection (if you know what I mean!), make sure you are protected with a well drafted contract before you hand over your hard-earned money.
Telephone: 021-4270200
Email: info@walshandpartners.ie
Web: www.walshandpartners.ie
