Posted by:
southernboids
at Wed Apr 12 08:10:10 2006 [ Email Message ] [ Show All Posts by southernboids ]
Pic of one of the crosses we produced last year.. Hypo x Hogg Has nothing to do with the story.. but it is a Hypo!
Ok.. for my hypothetical story yesterday I have a few bits of info for some of the questions some asked or brought up.
I failed to mention that I found out about the demise of the animal OVER A MONTH AFTER it happened. I had called and emailed many times to find out what was going on and then I finally got an email stating my animal had been killed by the female about a MONTH before he decided to let me in on it.
This was a breeding loan - between business people who had talked in the past as well as had two other completed transactions that went well. This is why I say I had trust, and were friends. Friends because we have talked on the phone many times, emailed and met once in person and had no grudges between us.
Do not mistake this for someone I have known for ten years and hang out with on the weekend. Friends as in Business Associates.
I felt a contract was in order and it was agreed to and signed by both parties. Any problem should have been taken care of PRIOR to signing or he should not have signed at all. So no matter what, there IS a contract in place. I am glad some do not need or believe in contracts but I am sure there are as many breeders out there that Insist on contracts and I am not the first to have one in use
I DID get pics of the dead animal – I believe it is dead and I agree this was not intentional or due to the lack of care by the breeder. However this still does not dismiss the fact there is a contract in place outlining what would happen if something happens to the animals. At ANY time before signing he could have asked for an amendment stating if my animal kills yours we are even or any other concern he had. It then would have been up to me to either accept and sign or decline and pass. I did not take advantage of anyone- the person on the other side has more experience then me, a bigger name than me, known more than me, and I would suspect at any given time has more animals then me. If anything I am the one being taken advantage of here.
I also agree court may cost more and get less of a result - I am in NO hurry to go to this step but at the same time will not back away or be pushed around just because they do not like the contract at this point. No one forced anyone to sign. There are NO changes allowed just because you now decide you are not happy with the contract AFTER something on your end comes due.
I also agree it may cost me more in the long run and I still have no guarantee I will ever get paid even if I was to win a judgment. This is where I turn stubborn and say.. SO BE IT. I have to live by my contracts and I expect others to do the same. Again.. no one was forced to accept the deal, but at the same time IT IS A DEAL with a CONTRACT. Im sorry but I am very strict about this. At some point this no longer concerns money and it is principal. So yes.. I am prepared to PAY for their lesson in business ethics, contractual obligations and whatever else I can think of if that is what it takes with the understanding I may end up paying more and still not get my full amount owed. However - like I said.. it is principal now.
At some point people have to be held accountable for their actions. I am sorry if I am sounding like I dont care or wont give an inch. I have offered MANY alternatives to get this paid, even up to 50% off, pay plans, animal plans, combo plans, something ANYTHING on paper promising a dollar a month, you name it I have discussed it. The reply is always the same.. “I WILL pay but have no idea when or how. Oh yea.. there are also MANY others in line I owe before I get to you.” It is not my fault the other party is not keeping to their end of the deal, nor is it my responsibility to be the sucker for it.
I think this answers some of the questions that were brought up from my original post. I hope this clears a few things up… at the same time I am sure I have convinced many people to stay clear of any breeding loan with me no matter which side you are on. Truthfully.. this is a good thing as both you and I should know how each feel before the deal so we do not end up like this at the end. If you sign it.. and agree to it.. I would expect you to honor it, period.
If you agree you can re-negotiate contracts after they are in place than we are better to not work together anyway. With that said.. I hope you can feel confident that if I say I will do something, or have a deal worked out, it will go as planned because that is the way business works. IF it does not go as planned I would be fully responsible for my actions and would make sure it is taken care of so both parties are satisfied. Call me crazy or what you will.. but this is the way I have always been taught. I hope I have gained more positive press because of this than negative.. but that is up to you to decide.
----- Thanks Shawn Morelan www.Southernboids.com

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Hypo-thetical - Info and a nice pic - southernboids, Wed Apr 12 08:10:10 2006 
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