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XIX. RECOMMENDED TRADE PRACTICES
FOR MEMBERS -
A. In the absence of a written agreement between the buyer and
seller, it will be considered that any goat offered for sale is
registered or recorded or eligible for registration or recordation.
The registration or recordation papers will be furnished by the
seller and transferred to the buyer at the expense of the buyer
as soon as possible after the date of sale.
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B. The seller guarantees the fertility of the buck. A buck, after
reaching 1 year of age, should be able to serve and settle a doe.
The buyer is expected to provide reasonable care and feed.
Should the buck prove to be a non-breeder, the buyer shall
notify the seller within 60 days from the first time he was used
for service, provided the animal was over 1 year of age at the
time of service; and the buyer shall provide sufficient proof,
such as a statement from a veterinarian, that said buck is sterile.
The seller shall have the option of making a satisfactory
exchange or refunding the money. In no case shall the seller be
responsible for more than the selling price. The purchaser shall
pay any shipping charges involved in the exchange.
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C. When a doe is brought to a buck for breeding and has not
settled after the first breeding, the owner of the doe is entitled
to one rebreeding in the same breeding season at no additional
charge.
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D. If the animal sold is a doe, there is no guarantee of fertility
except where hermaphroditism becomes apparent when the
animal reaches breeding age.
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E. A doe sold as "bred" is not guaranteed to be pregnant, but only
to have normally accepted service from the buck.
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F. Complaints will not be processed by the Association unless the
animal bore an individual identifying tattoo at the time of the
transaction.
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G. Nothing in these trade practice rules shall be construed as
abridging the right of the buyer and seller to enter into a private
contract. In case of a complaint, if no written contract is
presented as evidence, these trade practice rules shall govern.
XX. RULES FOR ARBITRATION
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A. The Complaints Committee may also act as a voluntary
arbitration committee, to render decisions and awards in
disputes to which Members of the American Dairy Goat
Association are parties.
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B. The Committee shall not entertain any dispute unless the
following conditions are met:
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1. The dispute shall be submitted in writing on the form
prepared by the Committee.
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2. The issue or issues shall be clearly defined before the
Committee assumes jurisdiction.
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3. The parties shall agree in writing to abide by the
decisions and awards of the Committee.
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4. The parties shall agree that the Committee may retain
jurisdiction of the dispute until its decisions or awards
have been complied with and that the Committee may
make such supplemental or subsidiary awards as are
necessary to final disposition of the dispute.
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5. The parties shall agree that acceptance of the dispute by
the Committee is without prejudice to the power and duty
of the Board of Directors to take such disciplinary action
as the circumstance may require and the Board may deem
necessary and proper.
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C. The Committee shall accord all parties to a dispute reasonable
opportunity to appear and to produce witnesses or other
evidence bearing upon the issues. Where the parties so agree,
the Committee may act upon written submission without oral
testimony.
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D. All decisions and awards of the Committee shall be filed with
the Board of Directors and any decision or award may, in the
discretion of the Board, be published to the membership.
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E. No Member of the Committee shall act in any matter as to
which he/she has a personal or pecuniary interest. In any such
case, the interested Member shall disqualify himself. Should
the absence of a Member, for any reason, deprive the
Committee of a quorum, the Board of Directors (or the
President, if the Board be not in session prior to the hearing
before the Committee) may appoint a substitute for the
particular case. Three Members of the Committee shall
constitute a quorum.
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F. The Committee shall sit at such times and places as it shall
determine; and, if necessary, it may conduct an investigation
and render a decision by correspondence. A transcript of
testimony before the Committee shall not be required, but any
party to a dispute may, upon request duly made, have a reporter
present and a transcript made at his/her own expense. In such
case, the party so requesting shall furnish the Committee a copy
of the transcript without cost to the Committee and shall
likewise furnish a copy to the opposing party or parties at a
reasonable cost, if they so request in advance.
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G. Every decision or award of the Committee shall be in writing
and shall contain a brief summary of the issues, the findings of
fact, and the opinion, decision, or award of the Committee.
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H. After a case is closed, all papers shall be forwarded to the
ADGA Secretary-Treasurer for the Association's files.
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