Page 27 - MWC 3-9-2023s
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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
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