Bull fertility warranty recommended
21/03/05

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.