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Health guarantees on a kitten

Becki

Savannah Super Cat
@Brigitte Cowell recourse under a breached contract can be problematic. Starting with the cost of an attorney, though most could go it alone in small claims as the rules tend to be relaxed a bit. Even with an award, a reluctant defendant can make collection hard. Going after garnishments and liens is work, especially if the person doesn't hold a job from which pay could be garnished.
 

Brigitte Cowell

Moderator
Staff member
Exactly, Becki! One always assumes that if one is covered under the contract then that is it, but sadly sometimes it isn't. So best to be as sure of the person you are entering that agreement in, and hope that there is no need to test the contract....
 

Eddies

Eddies a ham!
I love that you all are discussing this I have learned so much from just watching these forums! It puts reality into the "day dreaming" but reminds us to be aware....tri cool:.
 

Lori Greer

Cahaba Cats
I think the one point buyer's don't really grasp is that a replacement can and often will take time. Consider:

I had someone wait nearly a year for the perfect replacement kitten and it was emotionally difficult and stressful for both of us at times. I totally understood her wanting a kitten, but I also can't wave a magic wand to make them appear as much as I wish I could. We've ended up friends through it all but it could have just as easily turned out badly with hard feelings.

Another example: One of our Hyendry customers in Canada was waiting on a replacement from a breeder here in the US for nearly 2 years. She was buying toys from us in preparation for the arrival of her loooong awaited F2 kitten.

There are no guarantees about pregnancies & litters. Folks need to be prepared to wait for that replacement kitten or ensure there is a time limit specified in their contract at which point a refund would be owed instead of a replacement. Just food for thought...
 
T

The Kasbah

Guest
My contract also says 72 hours for health/infectious type issues and recommends a visit to a vet within that period of time, but I have extended it for up to a week for certain situations. My contract covers genetic issues (HCM, etc.) for a year, but as Brigitte mentions, claims must be substantiated by tests and/or necropsy.

It's also important to know what that means - for instance, if you have a cat that is diagnosed with HCM the breeder will most likely offer a replacement with the caveat that you return the original kitten, unless it has died of course. Cash refunds do not occur too often, but these things should be specified in a contract and if they're not you need to ask about them.

In my experience, most people don't pay too much attention to the terms of the contract - I guess they just can't imagine anything bad happening to a kitten, even though I ask them to read it through and ask questions before signing... Fortunately I've not had to deal with this sort of problem, and with any luck none of my kitten owners will ever find themselves in such a situation where they have to pull out their contract and read it through again...


My contract is very similar, Patti. I also require my clients to read through their agreement and ask any questions prior to sending me one dime! It is important to me that they thoroughly understand what they are agreeing to, in advance and in spite of their excitement over the kitten they will likely be obtaining. My contract covers the 72-hour health guarantee upon arrival and also warranties against genetic defect for a period of one year. We also mandate that any irregularity must be documented by tests and/or necropsy prior to offering replacement. We also do not offer cash refunds and that too, is weil documented in our purchase agreement.

We produce F2B kittens exclusively, so would not be able to assist the person who is looking for a new baby, due to budget constraints, but do work with a network of Breeders throughout the US who we would be happy to refer her to, should she still be looking for that special baby.

All best,
 
T

The Kasbah

Guest
I think the one point buyer's don't really grasp is that a replacement can and often will take time. Consider:

I had someone wait nearly a year for the perfect replacement kitten and it was emotionally difficult and stressful for both of us at times. I totally understood her wanting a kitten, but I also can't wave a magic wand to make them appear as much as I wish I could. We've ended up friends through it all but it could have just as easily turned out badly with hard feelings.

Another example: One of our Hyendry customers in Canada was waiting on a replacement from a breeder here in the US for nearly 2 years. She was buying toys from us in preparation for the arrival of her loooong awaited F2 kitten.

There are no guarantees about pregnancies & litters. Folks need to be prepared to wait for that replacement kitten or ensure there is a time limit specified in their contract at which point a refund would be owed instead of a replacement. Just food for thought...

I am the Breeder who was assisting the Canadian client who was awaiting replacement for two years. I do agree with everything you have said about the replacement clause, but also wish to point out that she WAS offered over 17 different replacement babies during that 2 year wait, but SHE elected to pass them up because their arrival conflicted with her travel plans. It WAS a very stressful situation for us both, but in all fairness, she had a choice of several fabulous quality F2B baby boys within six months...and although she liked them, she was not ready to make a move...until some 2 years later! In HER defense, she at one point asked me why I couldn't just breed my cats when it suited her schedule, as she was under the impression that cats bred kind of "like bunnies" and truly had no comprehension of heat cycles, etc... Had she understood that a bit earlier in the game, I believe she would have accommodated her schedule to take delivery far sooner....
 

Patti

Admin
Staff member
I am the Breeder who was assisting the Canadian client who was awaiting replacement for two years. I do agree with everything you have said about the replacement clause, but also wish to point out that she WAS offered over 17 different replacement babies during that 2 year wait, but SHE elected to pass them up because their arrival conflicted with her travel plans. It WAS a very stressful situation for us both, but in all fairness, she had a choice of several fabulous quality F2B baby boys within six months...and although she liked them, she was not ready to make a move...until some 2 years later! In HER defense, she at one point asked me why I couldn't just breed my cats when it suited her schedule, as she was under the impression that cats bred kind of "like bunnies" and truly had no comprehension of heat cycles, etc... Had she understood that a bit earlier in the game, I believe she would have accommodated her schedule to take delivery far sooner....
It is eye-opening sometimes to realize how much Joe Public doesn't know about cat breeding, LOL!
 

Lori Greer

Cahaba Cats
Things definitely don't always go as planned and this section of many contracts, including my own, is either not fully understood or basically not considered seriously until something unfortunate happens.

Sent from my SM-G730V using Tapatalk
 
T

The Kasbah

Guest
It is eye-opening sometimes to realize how much Joe Public doesn't know about cat breeding, LOL!

Indeed. It has never occurred to me that one day she would write and simply say, "I am ready and would like a kitten born in September!" I nearly had a heart attack...for none of my girls were even due to be bred until the first of the year (resting period after delivery and nursing). She was equally stunned when I wrote back to explain things. WOW...it IS shocking to realize how both parties to our transaction assumed!
 
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