semen tank went dry

[Diamond-B]

What would you do?
Back in July I went to breed some cows and found my tank had gone dry. Come to find out the guy that has been filling the tank for 4 or 5 years didn't come in June when the tank was due to be filled. The guy said it was his fault and the company that he works for only wants to replace their semen that they can replace and give credit on the semen they can't replace at what I paid for it. I need to point out I had planed on selling the semen at a profit. I also had a few embryo's in the tank and was also planing on selling them. The company dosen't want to pay for embryo's or other semen that did not come from them. I can't find the contract that I know I signed when I started with the company and they can't find their copy either.
I'm trying to settle with them without using a lawyer. If they make me a reasonable offer I will settle. But I thinking I should sue them for loss of income form the sale of the semen and embryo's and not being able to breed the cows that I was trying to breed when I found the tank dry. Now I have had to breed the cows for fall calves and I don't have good luck with fall calving.
So what would you do??

 

[Hill Creek Farm]

I would make darn sure that you got your money for the loss of semen and for the loss of embryos. I wouldn't let up on them till I got what I wanted. I would call that company that fills your tank every day and state what your plans are if you don't get what you want. They will make sure that it settles out of court, believe me.

 

[Diamond-B]

I'm waiting to hear from them this week. The Board of directors were making a decision this week on what to offer me. If I don't hear from them by next week I think I'm going to have my lawyer contact them. I'm sick of waiting and the one offer they did make was worth about 10% of my loss. My loss is in the five figures.

 

[certherfbeef]

Diamond-B,

I just spoke with the semen rep that fills my tank about your issue. He mentioned that if your tank went dry because the rep missed ONE filling, than your tank was not holding very well. But your rep should have records on how much nitrogen was being used between each fill.

He also mentioned that his company will be more than willing to replace any and all semen that was lost on bulls THEY carry. My rep stated that getting your company to pay for embryos and semen not carried by that company is going to be a long hard road.
Do not throw away anything that was in that tank. It needs to be left there for a proper inventory, not only for numbers but for value. The best you can get is market price for the semen lost.

Good luck to ya. I'm blessed with a good reliable semen rep. If the weather delays him, he calls me. Tells me to monitor the nitrogen levels and if I get uncomfortable, take it to the welding shop and have them put a little in it till he arrives. He also keeps immaculate records.

 

[Diamond-B]

certherfbeef
I had bred a few cows the week before I found the tank dry and the tank was fine.
When I found it dry was a month and a week passed the date it was to be filled. Also the guy that was supposed to fill had someone else filling tank the week my tank was due. The relief guy told the regular that he didn't make it here and the regular guy forgot to come and fill my tank.

 

[MikeC]

Have you looked at any of the semen through a microscope?

Are you sure it is all ruined?

 

[SEC]

Lots of people will squawk at the price of the tank being filled. Price isn't the issue when it's the service that counts. The cost of the LN2 is irrelevant when the cost of the semen/embryos is taken into acct.

 

[Diamond-B]

Have you looked at any of the semen through a microscope?

Are you sure it is all ruined?

yes I'm sure that it's all ruined. Tank was dry not low on ln2.

 

[Chris H]

What would you do?
... But I thinking I should sue them for loss of income form the sale of the semen and embryo's and not being able to breed the cows that I was trying to breed when I found the tank dry. Now I have had to breed the cows for fall calves and I don't have good luck with fall calving.
So what would you do??

I'm thinking you won't get a thing for loss of income due to delayed breeding. I don't think you showed due diligence to mitigate your damages by waiting to breed for fall calves. You may not be as fortunate as I, but if I found my tank empty I could get semen from the most popular bulls for the major breeds and club calves within 4 hours; you might miss a few cows on that breeding but you could have gotten most of them. And worse case scenario if you don't live close enough to get semen that quickly, you could have given a heat sync shot in 2 weeks and gotten all bred to the bull of your choice. The extra cost of processing the cattle for breeding in 2 weeks would probably have been recoverable, if their negligence was responsible for the tank failure.

Have you had your tank tested? I find it hard to believe it was empty in that time except for 2 reasons, a bad tank or theft of nitrogen. If your tank was good then you should consider the possibility of theft of the nitrogen.

 

[Dap]

I had bred a few cows the week before I found the tank dry and the tank was fine.

Maybe I'm just not understanding what you're trying to say. If the tank was ok when you bred a few cows, then a week later it is dry, either someone left the lid open or something happened to the tank. I noticed the level in my tank was low one time, and I figured out that they were 2 months overdue. There was still enough N in there that I didn't panic and everything was fine, but they did come out the next day. I have to agree with certherbeef. One month overdue won't dry up a tank.

 

[ENNOT]

I know for a fact, becasue I sell for Accelerated Genetics, that they will not pay you for the semen that was not from the company. And I would be suprised if they gave you any credit for the other semen and embryos.

They are going to say that it is also your responsibility to check and make sure your tank has a enough nitrogen left to make it too the next fill.

I would have thought the tank could make it a month or so after it was supposed to be filled. Unless, the guy filling was letting your tank get pretty low before he refilled it. I check my tanks once a month and measure the amount of nitrogen in them. And I record them. If you are in and out of your tank alot, you'll use up your nitrogen faster.

Sorry to hear about your lose, sounds like you had some money invested in it. From now on don't depend on the guy filling your tank. If it's getting low, get on the phone and have him or someone come fill it. Or if you have a welding supplie shop, Oxarc, try to make a deal with them to get it filled if your are low. I don't think Oxarc can fill the tank, legally for some reason, but I have had them do it a couple times since I know the store manager.

 

[Diamond-B]

I had bred a few cows the week before I found the tank dry and the tank was fine.

Maybe I'm just not understanding what you're trying to say. If the tank was ok when you bred a few cows, then a week later it is dry, either someone left the lid open or something happened to the tank. I noticed the level in my tank was low one time, and I figured out that they were 2 months overdue. There was still enough N in there that I didn't panic and everything was fine, but they did come out the next day. I have to agree with certherbeef. One month overdue won't dry up a tank.

I looked at the calender and it was almost two weeks after the I bred the cows. I said it was a month and a week after the tank was due too be filled. So altogether the tank lasted four months.
I don't know about you but do you check your tank every day or every week or every time you breed a cow for that matter?

 

[Diamond-B]

What would you do?
... But I thinking I should sue them for loss of income form the sale of the semen and embryo's and not being able to breed the cows that I was trying to breed when I found the tank dry. Now I have had to breed the cows for fall calves and I don't have good luck with fall calving.
So what would you do??

I'm thinking you won't get a thing for loss of income due to delayed breeding. I don't think you showed due diligence to mitigate your damages by waiting to breed for fall calves. You may not be as fortunate as I, but if I found my tank empty I could get semen from the most popular bulls for the major breeds and club calves within 4 hours; you might miss a few cows on that breeding but you could have gotten most of them. And worse case scenario if you don't live close enough to get semen that quickly, you could have given a heat sync shot in 2 weeks and gotten all bred to the bull of your choice. The extra cost of processing the cattle for breeding in 2 weeks would probably have been recoverable, if their negligence was responsible for the tank failure.

Have you had your tank tested? I find it hard to believe it was empty in that time except for 2 reasons, a bad tank or theft of nitrogen. If your tank was good then you should consider the possibility of theft of the nitrogen.[/quote

Like I said the tank is fine!! I do live close enough but they didn't have any semen that I would want to breed my cows too. I bred reg. cattle not cross bred comm. cattle. I'm not into club calves they don't pay in this area.

 

[Shorthornguy]

Your insurance should cover that loss. I would file a claim and let the insurance companies settle it. Another way is to send the semen company a bill for the loss and if they don't pay it file in claims court. Also your State Department of Commerce can sometimes get things done but it usually takes awhile.
Good Luck

 

[Frankie]

What would you do?
Back in July I went to breed some cows and found my tank had gone dry. Come to find out the guy that has been filling the tank for 4 or 5 years didn't come in June when the tank was due to be filled. The guy said it was his fault and the company that he works for only wants to replace their semen that they can replace and give credit on the semen they can't replace at what I paid for it. I need to point out I had planed on selling the semen at a profit. I also had a few embryo's in the tank and was also planing on selling them. The company dosen't want to pay for embryo's or other semen that did not come from them. I can't find the contract that I know I signed when I started with the company and they can't find their copy either.
I'm trying to settle with them without using a lawyer. If they make me a reasonable offer I will settle. But I thinking I should sue them for loss of income form the sale of the semen and embryo's and not being able to breed the cows that I was trying to breed when I found the tank dry. Now I have had to breed the cows for fall calves and I don't have good luck with fall calving.
So what would you do??

I'd dig out that contract and see what I signed up for. Our semen company will replace any semen we bought from them, but not other. Our tank gets checked around the first of every month. If we're breeding, it gets checked more often. We've had two tanks fail within the warranty so we're kinda gun shy. ABS replaced them quickly. Good luck.....

 

[certherfbeef]

My semen rep tells me that 2 inches is fine. I panic if it gets lower than that. Which has only happened once.

 

[Jeanne - Simme Valley]

First, when you check your level, there is really more in it than what shows on the stick. There is a "star" shaped device that holds the cannisters in place. When you put your dip stick in, it hits the "star", there is usually a few inches below that.
I had a tank go dry (offseason). The company had "merged" and my records were "lost" in the changeover (including change in delivery person). They came out & inventoried all straws. They offered "like" value (they had ME place a value on all) from their selection of bulls. I informed them that they did not carry but 1 bull I would be willing to put into my cows. They said they coop'ed with other semen companies, so they gave me the other companies inventory to pick from.
I never purchased semen from them - strickly had them fill my tank. They replaced full value on all.