Replacements and guarantees - Page 1

Hello to everyone!! i need some input here!!  I want to be clear in legal and ethical  procedures. Some months ago a friend imported a dog for a client from europe from a very respected and honest person who we have known for over 10 years, all of our dogs of this breed have come from him with no problemas at all!! We really trust him and know this wasnt  done in purpose and under his knowledge. My friend  had a client who wanted a fully trained dog with good looks to protect his family and his property, our friend in europe is the president of a Club and found a beautiful dog well trained and titled from a member of the club, his client sent the money late for the dog and our friend in europe had to go for a trip and he gave instructions to place the dog in a boarding place while he came back and did all arragements for the shipping of the dog to us, so he reall didnt have a chance to really check the dog, then thedog arrived the USA and my friend had to send him to the client outside the USA. all of this was ahigh cost for the client, but he wanted a high caliber dog and i understand this!!
After two weeks the client who bought the dog checks the dog and finds out the dog is monorchid, takes him to a couple of Vets in his country (not USA) and he says..that the veterinarians sayd this is a genetical fault and that the dog cannot produce, fine i know in some instances this is a genetical fault, but i told him to do a sperm count anyway, he says the Vets there he cannot produce. My friend has no documents on all of these exams made to the dog by the Clients vets, meanwhile this client has also "bought"a female from my friend with a promise to pay in a written contract to be payd in certain month, the female had been sent along with the male , but the female wasnt payd for yet, it did had a written contract and signed by both parties!
The Client wants a replacement for the dog, so the exporter is contacted and given the whole information, he really is surprised with these news and very concerned for which he says he will definitely help in getting a replacement, so he offers the dog for sale with the aknowledge to the possible new customers this dog was monorchid, which for many people that want a strong working dog it is of no importance, the exporter from Europe finds a client and  the new client sends him the money so he can ship the dog to him and then give the replacement to my friends client, the exporter was to send also the shipping travel expenses money for the dog to be shipped to the new customer and pay also for the new repalcement to get to him, then the client who has the affected dog says changes his mind and says he wont send the affected dog until his new replacement is with him and also the moneys to send the affected dog back!!  The exporter feels unsteady about this and says he wont do this this way, for he learns that this client is not complying neither with the contract on the female he "bought"and wont pay the female until the new replacement comes in, meanwhile the female has gotten pregnant from the monorchid male and has puppies!! Now he wont either pay for the female, nor giv ethe puppies in accordance wth the contract and is accusing my friend as a Fraud..hahah!!!  he has teh affected dog which was to be replaced, has the female plus has the puppies!!!! 

What is really the guarantees Breeders or owners in Europe abide by and what is the correct procedures to accomplish them??? What is fair and correct whatt can be done?

First, ALL breeders require vet documents to offer a replacement.  The seller will need those before he does anything. If the dog was shipped he would have a vet certificate.  The vet here in Canada always checks for testes. Did  the buyer  purchase the male for breeding?  It is perfectly acceptable to sell a "Family Protection Dog" as a monorchid.  If he was sold as a breeding dog then his price would have been higher.  You do NOT send a replacement ,if that is what you are choosing to do until the dog is in your hands.  The purchaser should have paid in full for the bitch before she was shipped as well.  If the bitch was bred to the monorchid then this guy just plain ole needs to be sued for the cost of the bitch and no further business done with him.  This is a mess and the purchaser has been very very shady!  It is highly unlikely that the original seller did not know the dog was missing balls.  The first thing every male who has ever bought a dog from here does is check his package.  Sue the purchaser for breaking the contract.  He is a thief at this point.

The guy bred a cryptorchid dog and has a litter of pups out of him.  I see no reason he should get anything.  Apparently he feels the dog is good enough to breed so he's good enough to keep.  I find it odd that the seller didn't know the dog was cryptorchid though.  You know if a dog has both testicles down or not if he's old enough to be producing puppies.  Sold as a pet, that's not a big deal.  If the dog was meant to be a stud, it certainly is but you don't breed the dog then expect a replacement as well.  It certainly is reasonable though to ask that the dog be returned BEFORE a replacement is sent, especially when the buyer is being so unethical.  A cryptorchid dog should be fixed, not bred from.

The dog was purchased as a Protection dog, not for show not for breeding, this is a Belgian Malinois higly trained and titled! The buyer is in another country and is trying to accuse my friend as a Fraud, and he is the one whois a Fraud who wanted a replacement before he was to send teh affected dog and plus wanted to have the money on his hands from the supplier to ship the afected dog too!!! He wanted to have everithing in his possesion!! Now who is the Freud???