American Dairy Goat Association

2004 ADGA Guidebook, Recommended Trade Practices / Arbitration

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.
  • 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.
  • 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.
  • 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.
  • E. A doe sold as "bred" is not guaranteed to be pregnant, but only to have normally accepted service from the buck.
  • F. Complaints will not be processed by the Association unless the animal bore an individual identifying tattoo at the time of the transaction.
  • 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

  • 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.
  • B. The Committee shall not entertain any dispute unless the following conditions are met:
    • 1. The dispute shall be submitted in writing on the form prepared by the Committee.
    • 2. The issue or issues shall be clearly defined before the Committee assumes jurisdiction.
    • 3. The parties shall agree in writing to abide by the decisions and awards of the Committee.
    • 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.
    • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • H. After a case is closed, all papers shall be forwarded to the ADGA Secretary-Treasurer for the Association's files.


American Dairy Goat Association ®
209 West Main Street  -  P O Box 865
Spindale,  NC  28160
Ph. (828) 286-3801  -  Fax (828) 287-0476
E-mail: info@adga.org

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American Dairy Goat Association ®