Peter Dillon asked:

> ...Is it acceptable for the grower to expect that because the initial site
> has been well pollinated that he (she) may then move that hive to the
> new area - seeing as under normal conditions the hive would be at the
> disposal of the grower for the first site and consider that it may do
> the second site's pollination and here is the crux of the question! -
> and claim that this may be done for the amount agreed for a pollination.

I can offer my view, but I must admit to having been blessed with
fair and honest clients who would never think of touching a hive
without asking.

There are two aspects at issue here - "Money" and "Care of Bees".

In regard to "Money":

There is clearly a disagreement over interpretation of the agreement,
so the agreement must be unclear.  You need a better agreement.

I want to insure grower satisfaction, so we make a rough sketch
of each orchard and enlist the grower's participation in a game of
"X marks the spot" for hive deployments.  With a map (or at least
a description of WHICH field) attached to the contract, there is no
question about where the hives go, and where the hives stay.

In this case, I would have thought that the hives had been stolen.
I would have called the sheriff, and scramble up more hives from
the reserves (to fulfill the terms of the contract).  I would leave it
to the sheriff to decide what laws, if any, had been broken.
The legal term for such actions would be "theft", or if one is
being charitable, "conversion" under tort law.

I would have a more understanding view of a grower who
took it upon himself to move hives from one area to another
within the same farm.  I would have a whole different attitude
towards a grower who called and asked first.  Yes, I'd charge
a fee for a 50 km "move", but no, it would not be another full
pollination fee.

Since the deed is a fait accompli, the reasonable thing to do
is to respond with a bill for additional fees that are based upon
the extra travel and work required to collect the bees.

In regard to "Care of Bees":

While there are sure to be quite a few growers who know
as much (or more) about beekeeping than many beekeepers,
the scenario described makes me wonder about how the
hives were handled and moved.  I am forced to assume that
reasonable care was not taken in this case, since the first
step in "reasonable care" would be to inform the owner of the
hives that a move was being considered.

From a practical standpoint, It may be impossible to prove
any "damage" to colonies, unless one or more colonies are dead.

Overall:

50 km?  Without even a phone call?  He's gonna be lucky to
find anyone to ever rent him a single hive ever again.  There
are lots of growers, and life is too short to put up with morons.
So many blossoms, so little time.

Bottom Line:

Never work with a jerk.

        jim

        farmageddon