posted 12-19-2003 12:47 PM         

"Prior to your agreement in the puppy contract, you had a time period of 48 hours to have the puppy fully examined by a certified veterinarian to confirm its health. If there were any problems, you would have been fully refunded and exchanged with another puppy from a future litter, or one from another breeder. Neglect to follow this time period resulted in the contract being voided as it is stated in the agreement. Therefore, legally I’m not held responsible for anything that happens or happend to the puppy."

It states PRIOR to the agreement...didn't she have 48 hours after signing the agreement and receiving the pup to have it examined? So maybe if it stated ...According to the agreement you signed, you were to have the puppy examined within 48 hours of receipt...blah blah blah, because you did not do that or have not provided me proof of doing so...yadda yadda. Maybe add in there that "on the advice of my attorney"...

the word "infestation" should be changed to infection, Parvo is a virus...infestation implies something like lice or fleas...etc.

The letter is great, those were just my observations. One other thought, and it's totally just that...a thought. It may be better to leave out the research details on the parvo and the I'm sorry...maybe keep it simple and to the point, she broke the contract and considering that your offer is all she needs to know. Adding the other stuff may leave you open or vulnerable legally later on if she decided to pursue this. Just my experience tells me that when it comes to leagle battles, the less said the better.
Anyhow...good job and stick to your guns!

posted 12-19-2003 02:04 PM         

Thanks everyone, Yes I caught the "Sense" misspelling....guess word check didn't catch that one.

Thanks again. Any more suggestions are highly welcome.

I don't think she even stands a chance in court, if thats the rought she choses to take.

posted 12-19-2003 05:17 PM         

quote:

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Parvo virus is widely known across the United states, I told you I didn’t deny that it could have gotten it here in Texas, but I also didn’t deny that it couldn’t have been picked up on the plane or upon arrival at its new destination in California.

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posted 12-19-2003 07:56 PM         

One question - in the part about when she called and told you about the parvo, you say "I expressed my grievances..." Do you mean to say that you expressed your issues with her not adhering to the contract (which would indeed be grievances), or you expressed condolences for the illness of the puppy (which would be a form of grieving, but not a grievance)? I left it as a grievance for now.

Oh - and were there two copies of each bill, or one copy of each bill? I wrote it below to be one copy of each bill.

I did not change the content or intent of anything - I only made minor rewording changes. I also moved one paragraph to a different location - the one about not owing more than $200. Feel free to toss out anything (or put it back the way it was) that you don't agree with!

Dear MS.xxxxx,

We came to an agreement on 10/11/03 for the purchase of a female Australian Cattle Dog from my litter of puppies born on 9/13/03, out of Blue Smoke 001, and MS Charllotte Blue.

We agreed on the purchase price of $200.00 and to ship the puppy by air to California using Delta Airlines Pet First Program, at your expense, on the given date of 11/20/03. You also agreed to all the terms and conditions in the standard Puppy Agreement, signed by you.

All puppies were vaccinated with their first round of puppy shots on 10/15/03. This included the Parvovirus, Parainfluenza, Bordatella, Distemper, and Canine Hepatitis. They were also wormed using Early Worm, on the date of 10/18/03, and again on the date of 10/29/03. Because your puppy was the last puppy to arrive at its destination and new home, she was at the age of 10 weeks and required another round of the puppy vaccinations, given at my expense, on the date of 11/12/03. All vaccinations were purchased at the Stienhousers Feed and Western Store located in Brookshire, TX. All vaccinations were distributed and given by Granvel and I, and his mother Darlene witnessed all vaccinations and worming administrations.

As per your agreement in the puppy contract, you had a time period of 48 hours after receiving the puppy to have the puppy fully examined by a certified veterinarian to confirm its health. If there were any problems, your money would have been fully refunded and/or your puppy exchanged with another puppy from a future litter, or one from another breeder. Failure to adhere to this time period resulted in the contract being voided as it is stated in the agreement. Therefore, legally, I am not responsible for anything that happens or happened to the puppy.

I received a call on the evening of Friday 11/28/03. You stated that the puppy was admitted to Emergency care for Parvo treatment, and was moved on Friday morning of the 28th to your veterinarian for continued treatment. I expressed my grievances, and we discussed payment options for which I had to get back with you. The amount of $500.00 was brought up, and I told you I would need the veterinarian bills and reports of treatment and results of tests confirming that Parvovirus was the diagnosis. I’ve done extensive research from several credible sources, including veterinarian advice, as to the duration and incubation period of the Parvovirus. I’ve found that there are different strains of the virus, two of which can cause instant death and some within a three to four day period. Parvovirus is widely known across the United States. I told you I didn’t deny that it could have been contracted here in Texas, but it is also possible that it could have been contracted on the plane or upon arrival at its new destination in California. The puppy was in your care for seven full days; therefore, contamination could have come from anywhere.

I also stated that I’ve had an experience with Parvo and that it was a nasty sickness. This was irrelevant to the case, as the puppy I referred to was found and lived on a different piece of property, nowhere near where your puppy was born, and this occurred several years ago. I advised you as I was advised that any concerns with contamination on your premises could be taken care of by rinsing everything and spraying a mixture of bleach and water where the puppy was present.

Two weeks later, on the date of December 10th at 11:37am, I received a message from you stating that you haven’t received any payments for the puppy’s medical bills and you threatened legal action. (The message was recorded and saved in case of the need for further use.)

I returned your phone call the following day; I told you I was waiting on the puppy reports and the bills from your veterinarian, which you neglected to send. You stated the puppy was doing well and you would have to find one of the bills. We discussed the option of sending the puppy back to my care, which you refused and stated your children were attached to her and you didn’t want to take her away from them. I agreed to this. You stated your husband was upset, and I told you I could see why even though the agreement was between you and I.

I did not receive any veterinary statements or bills until the date of 12/17/03. There were copies of two bills, one from the Emergency care and one from the veterinarian who continued the treatment, Dr. xxxxx.

As stated above, legally you broke the contract - voiding any and all refunds, exchanges, and legal action that could be taken - when you failed to take the puppy to the veterinarian within the given 48 hour time period. Understanding most veterinarians are closed on Sundays, Monday would have been fine, yet you neglected to bring the puppy to the veternarian on either day.

You also had the opportunity to euthanize the puppy upon diagnosis, as puppies often do not survive Parvo and the treatment can be very expensive. Thankfully she did survive, yet there is an outstanding bill as the result of her treatment for which I am not responsible as per the conditions of our contract.

I will be attaching a copy of the contract, which everyone who bought a puppy from me signed, including yourself. You may review it and request any legal advice on it that you need. I am also enclosing a copy of some of the research on the Parvovirus that I was supplied with, along with the original package of the last puppy shot the puppy received before leaving my care.

You also stated that you had not received the puppy care kit that was sent out the day after the puppy’s shipment. I have since sent another, which you also deny receiving. A third has been posted and will be tracked to its destination and delivery.

All other owners of puppies from this litter have been contacted and all state their puppies are healthy and doing great. It is significant that yours is the only one that became sick. Further research and the advice of a veterinarian reveals that all vaccinations are not 100% protective. They are meant to help prevent the outbreak and infestation, but do not protect the animals 100%.

In the Puppy Contract that you signed it states, “In no circumstances is the breeder liable for anything over the purchase price of the puppy”. Therefore, the maximum amount I could owe you is $200.00 for the purchase price of the puppy. Even though the contract was broken, I am still offering to refund the purchase price of the puppy, in the amount of $200.00. This can be used to help offset the medical bills. My conscience will not allow me to do otherwise, as I know the stresses of vet bills.

I sent puppies to homes that I hope will be forever and happy homes. I hope that any grievances due to this situation between you and I will not be transferred to the well-being of the puppy. I will still and always welcome the puppy back to my home and care if the need arises. Again, I send all my condolences and pray for you and the puppy. I’m sorry this has happened, as I’ve done everything in my power to keep my dogs and the puppies as healthy as humanly possible. I was baffled by the situation, but after speaking to other breeders and dog owners, I have discovered this is not a rare occurrence. Others have experienced this as well.

I will have this letter signed by witnesses who have been with the puppies since their birth, and are familiar with the situation.

Again, I’m sorry.

Hope this helps,
Jamiya

posted 12-19-2003 08:03 PM         

Also, another thing you could do is to take out the parts that track the phone calls and make them a separate document. Then there would be one document stating the care of the puppies, the terms of the contract, how she voided those terms, and what you are willing to do to compensate her anyway. Then there would be another document that would record the calls and other correspondence with the dates and content of your communications. Plus the parvo research documents and vaccination packaging, etc.

The only reason I suggest this is in the interest of brevity - sometimes people give up when reading something long (although really that is her problem, not yours). Again, I think I could go either way.

I'm also not sure you need to put in the part about the other puppy who had parvo years ago. As you said, it is not relevant to this case so perhaps it should not be mentioned at all.

Jamiya

posted 12-22-2003 10:57 AM         

quote:

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I did not receive any veterinary statements or bills until the date of 12/17/03. There were two copies of the bills, one from the Emergency care, and the following veterinarian.

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