[ SHOWGSD-L ] Re: heart murmur in puppy--HELP !!
- From: Ann Mariano <brittaleahnasa@xxxxxxxxx>
- To: showgsd-l <showgsd-l@xxxxxxxxxxxxx>
- Date: Wed, 31 Aug 2005 05:35:17 -0700 (PDT)
The problem you may run into is it may not be an innocent murmor. And legally
they could make you responsible for vet bills for this pup (I posted NY law on
the matter below). If it were me, I would take the pup backa nd grow the puppy
out and wait till it was gone before I sold it. Sometimes mumur are innocent,
sometimes they are not. I know of other breeders who had mumors that were
innocent, and other s which weren't. My one friend had a Grade 3, and the
bitch died of a heart attack at Age 3. Then of course there are the cases at 3
months, the mumur is gone. But to me it is not something you want a puppy
buyer to take a risk on. Take the pup back, offer them their money back or
another pup.
Under New York State law, consumers who purchase sick dogs or cats from
commercial pet stores or breeders are entitled to their choice of a refund,
exchange, or reimbursement of veterinary costs within 14 days of the sale or
receipt of the written consumer rights notice from the seller, whichever occurs
later.
Types of Illness
Your Refund Rights
Time Limits Prescribed By Law
Sellers Must Provide Printed "Consumer Rights" Notice
Types of Illness
Dogs or cats which are certified by a licensed veterinarian as "unfit for
purchase" due to illness, hereditary deformities which affect the animal's
health, or a contagious or infectious disease, are covered by this law.
However, intestinal parasites are not grounds for declaring the animal unfit
for sale unless it is clinically ill due to the condition. Also, an animal may
not be found unfit for sale because of an injury sustained or an illness
contracted after the consumer took possession of it.
Your Refund Rights
If the animal has been certified as "unfit for purchase," the dealer must offer
the consumer:
(a) the right to return the animal and receive a refund of the purchase price
including the sales tax and "reasonable" vet's costs for examining and issuing
the certificate that the animal is unfit for purchase for one of the specific
reasons prescribed by this law. Or:
(b) the right to return the animal and receive and exchange animal of the
owner's choice of equivalent value plus the "reasonable" vet's costs as
described in paragraph (a) above. Or:
(c) the right to retain the animal and receive reimbursement by the dealer for
the "reasonable" amount charged by a licensed vet of the consumer's choosing
for curing or attempting to cure the animal. Such reimbursement cannot exceed
the original sales price of the animal. It cannot include any fee not related
to the certification of the animal's unfitness for purchase.
Time Limits Prescribed By Law
The consumer must have secured a certification of unfitness for purchase
from the vet within 14 days following the sale or receipt of the printed
consumer rights notice which sellers are required to provide, whichever occurs
later.
The consumer must present the vet's certification of unfitness to the dealer
within 3 business days of receipt from the vet.
The business must make the required refund or reimbursement no more than 10
business days after receipt of the certification from the consumer.
A seller may contest the consumer's demand for a refund, exchange or
reimbursement by requiring the consumer to produce the animal for examination
by a licensed vet designated by the dealer. After this examination, if the
consumer and dealer cannot reach an agreement on one of the options in (a),
(b), or (c) above within 10 business days of the dealer's receipt of the animal
for examination, the consumer has the right to initiate a court action to
obtain a refund, exchange or reimbursement.
Sellers Must Provide Printed "Consumer Rights" Notice
The seller must provide a printed notice to the consumer at the time of sale.
This information includes, but is not limited to, a description, including
breed of the animal; the date of purchase; the name, address and telephone
number of the consumer; and the amount of purchase. The dealer must certify
this information by signing. This notice may be contained in a written
contract, animal history certificate, or a separate document.
NYBBB0794
Ann Marie
www.geocities.com/amarigermanshepherds/Puppies.html
Home of CH Fairway's Leah v Nadelwald TC OFA
and her daughter R/Best In Futurity CH Amari's Ava Gardner OFA
and in the wings Leah's new daughter Amari's Beware of Foxy Roxy
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