Eros, reclaiming your garentee - Page 1

You have no garentee on a testical. you purchased a pet quality puppy and that is what you got, you should be fixing him anyway, so your concern about health issues will be taken care of with fixing the dog. You only have a garentee if your dog is dysplastic. Heather

Here is the thred just incase others can't find it.... I bought a male puppy and they gave me a guarentee for one year, but the puppy hasn't dropped his testicles and he is now 8 months old. I want to know if If he could switch him for another one. This is what the contract says " If this dog develops crippling hip dysplasia at anytime from purchase to one year of age ( confirmed by X-rays from a competent licensed Veterinarian) the dog should be returned to us at the expense of the buyer. We will replace the dog (due to crippling dysplasia) as soon as possible with a replacement of equal value to the dog at the time of original purchase.Should the buyer prefer to retain the said dog, the buyer thereby forfeits any replacement, unles other arranggements are mutually agreed upon the health and temperament of this dog is excellent to the best of our knowledge and belief at the time of sale.The requiered vaccinations and wormings are as indicated on the health recor below, attached,or send with the dog.We advised the buyer,however,to have the dog examined by licensed veterinarian finds the dog to be in poor health,the dog must be immediately returned to us at the expense of buyer for a replacement of equal value, unless other arrangements are mutually agreed upon.Failure to see a veterinarian within 48 hours will void all guarantees.No further guarantee is made . Buyer represents that he/she is buying this dog primarily as a personal or family companion even though the dog may have show quality structure.Buyer understands dog is not guaranteed for show or breeding and buyer has no obligation to seller for showing or breeding this dog (nor for sharing stud fees or puppies resulting thereof). I understand the contract, but that doesn't mean that the puppy will not have testicles because I bought a male puppy. I'm not sure if he will have a disease in the future. Thanks for any information.

I would also suggest that you get his hips and elbows done to see if those are good, that is the only way that you can replace your dog. I hope this helps Heather

Eros and Heather, Interesting query – bottom line: Was pup fit for its intended purpose? Contract states: ‘Buyer represents dog primarily personal or family companion’ and ‘understands dog is not guaranteed for show or breeding’. Clever wording! Does lack of dropped testicle prevent use as ‘companion’?

I thank your information Olddog, I will talk to my lawyer if the lack of dropped testicles prevent use as companion. What I need to know is that what characteristics does a companion dog have? If anyone can help me thank you.

and for show need testicles to for that purpose?

I protest vigourously against the vision, and I quote: "the bottom line is: Was pup fit for its intended purpose?" This is of course, totally INCORRECT. "The purpose" is NOT the bottom line. The bottom line in any court worldwide will be: and let me spell it out: "Dog is a product. Breeder/producer sells the product. If the product is not ok, buyer gets refund or other dog. Period." Any other outcome is a cheat. Germany, homeland of GSD, changed laws in that respect only three years ago. Other countries, of course, will follow soon. Das neue Schuldrecht: Auszugsweise: Grundsätzlich gilt seit 1. Januar 2002: Ob Tier oder Sache – die Gewährleistungsfrist für, so heißt es im Gesetz, „neue“ Tiere wurde von sechs Monaten auf zwei Jahre verlängert. Für jedwede Beeinträchtigung, ob Milben, Würmer oder HD, ob geringfügig oder nicht, hat der Verkäufer einzustehen, wenn aufgrund der Inkubationszeit oder bei erblich bedingten Erkrankungen davon ausgegangen werden muss, dass der „Mangel“ bereits bei Vertragsabschluss vorhanden war. (Please feel free to translate.)

so clear for my

Eros, Contract specifically states dog is not guaranteed for breeding or showing - I assume you can read! Jantie: Protest all you like - anyone would be able to return a product for any of a million reasons if you were correct! Rubbish! Don't waste so many words!

"Olddog" needs to read "new law"! Any contract waving/denying full responsability/liability for the product is illegal. I quote: "Noch immer kürzen viele Züchter oder Händler in ihren Kaufverträgen die Gewährleistungsfristen oder schließen Schadenersatzansprüche aus. Doch solche Ausschlüsse sind Makulatur. Egal was im Kaufvertrag steht: Unternehmer müssen die gesetzlichen Gewährleistungsfristen einhalten." I would welcome it when one of our bilingual gsd-friends on the board would translate the following sentence for "olddog": "Für jedwede Beeinträchtigung, ob Milben, Würmer oder HD, ob geringfügig oder nicht, hat der Verkäufer einzustehen." If your new car doesn't run? Producer has full responsabilty. Return it! Your washing-machine doesn't wash? Speak up! It must work. If your roof leaks? Yes indeed. Your dog's got one testicle only? Poor sob. He wants two, and he is entitled to both. You've got my message.