Puppy Contracts, 50% discount for replacement? - Page 10

With a spare twenty minutes, just a few quick remarks on your contract’s first few words, Daryl. “The above mentioned will pay the sum of $ ……. US dollars.” What does it represent? Full price, or consideration, for which pup is sold, balance payable after deposit, or that with other items (freight/crate etc) factored in as well? I’ll pass by nonsense relating to registered name etc, but: “Failure to register makes contract null and void”! (You’re certainly enthused with this ‘null and void’ business, seeing it’s so freely used throughout! Also, little need for buyer to initial everything in sight!) I presume you’re actually only intimating some sort of ‘breach’. Only fair to ignore also how “puppies WILL be graded” – “puppies WILL be sold” (selling more than one?) – “Breeder WILL agree null and void” (be damned if I would!) – “funds WILL be applied” etc. Your “NOTE” intrigues no end: “Puppies must be paid in full by Six (6) weeks of age. If for any reason a puppy remains at our facility after (8) weeks of age because the buyer cannot accommodate a reasonable shipping date/delivery set forth by the seller, monies received will be applied as boarding fees at a rate of $ 20.00 per day unless arrangements are made in advance and agreed to by the seller. If arrangements for shipping are not satisfied upon the agreed dates, the puppy will be considered abandoned. Seller reserves the right to then resell the puppy, and any remaining balance/funds received will be applied or transferred to a different litter, or forfeited as liquidated damages. The Buyer understands and agrees that no CASH REFUNDS will be given under any circumstances other than that as already stated in this agreement. The contract will be null and void if the puppy has been bred before the age of two.” No, I’ll leave it alone. All that and I’ve barely made a start proper, but just to close and in reference to five-year guarantee, I ‘d note common law duty of care and how goods sold must automatically be fit for intended purpose. No, Susan - merely wondering how folk generally felt about replacement puppies - apology for bothering you.

I hope you don't intend to bill me for your service, although it is beginning to give me a different perspective on things.  But really, it seems like you're beating a dead horse now, and for what purpose?

Back to the topic:  If you are unhappy with your dog for whatever reason, and decide to seek a replacement from the same breeder, do you feel it's fair to ask for one at no additional cost, while keeping the original dog? 

Hi Daryl, I will say...yes, it's fair if the conditions meet the terms of the breeder's contract for full replacement.  Why take a dog from it's loving home?  What would the breeder do with a dog that requires a full replacement because of some genetic issue, when his family is willing to care for him? 

Hey Speaknow, if you are giving out free advice, can I send you a copy of my contract? :-)  I am curious if I have closed all of the most obvious loopholes.

Veronica

Daryl, I traversed your Site and truly impressed by effort taken, including how you gathered all kinds of genetic and historical information, whereas Blitzen noted quality of animals. By contrast, your contract document just isn’t up to the same standard (don’t take offence but in parts, in my opinion, it’s plain silly). One could whip it into proper shape in a fraction of the time I’d need to explain its shortcomings. Think of it as a tip to the wise. Where replacements are concerned, I don’t offer any. A pup isn’t like a tube of toothpaste. I initially meet buyers and where a flaw did crop up, easily settled on appropriate financial adjustment. Treat your buyers fair despite unforeseen hiccups and they’ll come back, if not tell their friends. But only one transaction at a time, thank you! Only idiots end up in expensive litigation!

You flatter me too much, Veronica, I'm merely a humble GSD lover.

I "reserve the right" (so to speak) to replace any puppy I ever produced upon request and after my own review and/or consult/opinions from respected sources'... of any issue whatsoever that a buyer might bring to the table, whether the issue is mentioned in my written guarentee or not.  Just because a seller doesn't issue a 10 page "bumper-to-bumper" guarentee does NOT mean they do not/will not stand behind their dogs and choose to conduct business ethically and honestly on a case-by-case basis! Trouble is, you never hear/read much from satisfied buyers unless the seller posts (read: brags) about issues resolved in favor of their owners... and how many of us want to post stuff like that, no matter how rare the occasion?

I for one am just happy to be able to sleep at night with a clear conscience and the continued friendship & respect of my valued friends, associates, fellow competitors and former buyers.

No. I am not going to elaborate further.

SS

Sympathizing and giving unhappy buyers every opportunity to act reasonably goes a long way in itself, Shelley. I keep my legalities to the absolute bare minimum if only because it gives more scope to maneuver if things later do go haywire. And ‘10 page guarantees’ are relatively redundant anyway since the dog must legally be fit for intended purpose anyway. (Corporations buy million-dollar pieces of equipment with simple order forms/invoices/statements the only basic documentation.) Once purpose is defined the rest tends to follow by default. And if buyer has valid beef, well, no need to blab here (if not counter productive) – we’ve got a whole network of mediation bodies and small claims tribunals – no lawyers allowed thank you! Buyers also get attached to their pups and by the time some fault is realized usually very loath to part with it (well, that’s how I find it). I invoke a bit of a double standard here as I’ve always adamantly insisted on returning pups not up to scratch for total refund (makes one real popular!) I figure that as long as some Breeder follows a ‘replacement policy’ might as well take it that one step further! (After physically returning one pup, did end up in one lengthy hilarious paperwork saga with one legal firm ‘biggie’ – with buyer futilely ending up not only paying full refund but at least thrice in legal fees what pup was worth!)