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for a certain genetic marker, mediately if a medical issue The Midwest Cattleman · March 9, 2023 · P27
then the bull owner should ensues. Do the parties have alty if the bull is injured,
make sure that the lease a list of approved veterinar- either with or without the evaluation as proof that the
acknowledges that genetic ians? If there is an emergen- fault of the breeder, so as to bull is a satisfactory potential
DNA tests are not 100% ac- cy, can the breeder use any make the bull unserviceable breeder. On the other hand,
curate and the bull owner is available veterinarian? Who to other females, including the breeder may guarantee
not taking responsibility for will pay for reasonable and but not limited to him being that the cows are healthy.
any error by the tester. On necessary veterinary expens- crippled, unsound, or injured Warranties on health and
the flip side, the breeder may es? sheath, penis or scrotum? fertility are common if the
represent the health of his or •Care of the bull: Parties As noted above, how should payment terms are directly
her cowherd, the breed or age to a bull lease should consid- risk of loss, injury or illness related to confirmed preg-
of the cows, certain nutrition er adding language concern- be addressed while the bull nancies. Conversely, the bull
programs, and that the ani- ing the care of the bull. Is the is being transported between owner may want to specifi-
mal handling practices used breeder required to use cer- farms and ranches? cally state that he does not
on the cattle operation are in tain management techniques •Warranty/guarantee: warrant that the semen is
compliance with federal and or nutrition programs? Is Is either party making a fit for a particular purpose
state animal welfare laws. there a penalty if the bull warranty or guarantee? Per- or that the bull’s semen will
•Record-keeping: Are is delivered back to the bull haps the bull owner wants result in the production of a
there any record-keeping re- owner malnourished at the to give a warranty that the calf or that the progeny will
quirements under the lease? end of the lease term or has bull is of a certain breed and result in congenital birth de-
For example, is the breeder experienced a significant loss free of genetic birth defects. fects.
required to keep any feeding of weight? Unless otherwise Most breed associations have •Termination: Under
or breeding records? Does the agreed, there should be a posted online the genetic what circumstances can ei-
breeder have to supply the clause restricting the breed- testing status of registered ther party terminate the bull
bull owner with any data on er from taking the bull to a bulls, which can be included lease? For example, many
the progeny, such as weaning bull stud or otherwise collect- as an addendum to the lease, bull leases allow for the ter-
weight, yearling weigh or ge- ing his semen. illustrating that the bull is mination of the lease if either
netic DNA markers? Legal considerations pedigree-free, tested-free or party materially breaches the
contract. Furthermore, there
•Veterinary care: The •Risk of loss, injury assumed-free of genetic birth
issue of veterinary care or illness: Who is bearing defects. could be a clause saying that
either party could terminate
should be addressed in the the risk of loss, death, inju- If a warranty to the bull’s
bull lease. It is recommended ry or illness to: (a) the bull; fertility is made, then the the lease, giving the other
party X days written notice.
that the breeder be required (b) other animals caused by bull owner should supply a
to call the bull owner im- the bull or; (c) people caused veterinarian-approved and
by the bull. Is there a pen- signed breeding soundness continued on page 42