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CONTRACTS If your mother was anything like
mine, she constantly told you little things over and over meant to shape you
into a good person as you grew up. Every time I was leaving the house to go to a
friend’s home, I was reminded to be sure to say please and thank-you, then
quizzed when I got home to be sure I had remembered to say it!
I also remember sayings like, “Pretty is as pretty does” and
“Sticks and stones may break my bones but words will never hurt me”. But
probably the most common one I was told was “Do unto others as you would have
others do unto you.” This one is known as “The Golden Rule”. And yes, I
preached these same things to my own boys and still attempt to live by them. This brings me to the topic of
contracts. I hear stories about issues arising that are not covered in contracts
because quite frankly, some odd things happen that are really not the fault of
the breeder or the buyer so no one would even think of adding these things to a
contract. Afterall, you can’t cover every conceivable issue. I really believe
that some things should not be in a contract but are best dealt with based on
the issues that arise. This is where the Golden Rule kicks in and what separates
the wheat from the chaff. I think this is where both breeders and buyers need to
try to put themselves in the position of the other and try to think how they
would like to be treated. All of us who supply contracts with
our dogs have differing approaches of what we warranty or not and some of us
cover more than others. Some breeders offer the same prices and/or warranty for
pet pups as pups sold as show potential while others have two or more contracts
for pet and show. Many breeders have varying contracts depending on the strings
attached, often concerning puppies back. But the bottom line is that when there
are contracts, both parties should have carefully reviewed the contract and
agreed on the details and terms before they sign them. This should be the easy part of
things. If you warranty that a dog clears hips, eyes, heart, and elbows and the
dog fails one of these things per your contract, you will honor what the
contract says will be the details of the warranty. This is often, but not
always, something like a replacement puppy or a full or partial refund. This
also usually requires that the animal is altered and sometimes returned to the
breeder. But it is safe to say that if you agreed to terms of a contract, you
should abide by those terms should the problem arise. But even this warranty may
not be black and white! What if a pup is hit by a car and breaks a hip so does
not clear his hips? This is the buyer’s fault and I don’t feel contractually
the breeder should have to refund because of failed hips in this instance even
though hips are covered. Another part that isn’t easy is
when something not covered comes up. For instance, what if a dog has been sold
as a show puppy and ends up with several missing teeth (not covered in the
contract signed), carried his tail straight up (also not covered in the
warranty) plus is under the breed standard but within the one inch allowance?
Technically, this particular breeder is not obligated to refund or replace this
puppy because the contract doesn’t warranty anything but clearances or
disqualifying faults. I believe we’ve all known dogs with gay tails, missing
teeth, or in the one inch allowance on height that have finished, but what are
the odds that a dog with all three will finish? Is it probably not very good! As
a breeder, it would be a good faith gesture to give a refund, even if not a full
refund per the contract, because the breeder realizes that this pup is really
not show potential. The breeder and buyer both feel better about the situation
as a result. And the breeder also has treated the buyer the way they would have
appreciated a breeder treating them, it would seem. The breeder has gone above
and beyond his warranty. Here is another scenario. What about
the buyer who gets a pup with the typical warranty on clearances and
disqualifying faults but the pup dies of cancer before it is a year old? The
buyer has spent thousands of dollars on veterinary bills for diagnostics and
treatment. But this is not covered in the contract. Would you feel that the
breeder should refund the purchase price to this buyer? Technically, by the
terms of the contract the breeder doesn’t have to do this. But how could a
breeder in good conscience feel this is the ethical thing to do? This is
obviously a no-win situation for everyone involved and deeply disturbing all the
way around. It is apparent that no one is to blame in a situation like this but
as a breeder and knowing the financial and emotional toll this has put on
someone who came to me for a puppy that they had great hopes for, I would feel
that refunding the purchase price was the least I could do.
Contractually, this isn’t covered. But the decision to refund the money
would be an easy one for me. This would apply to a puppy sold as a pet as well. As with any aspect of breeding, there are many aspects that are not spelled out nor black and white. This is when those sayings like the Golden Rule come up in my head and I hear my mother’s voice teaching me the things that have hopefully shaped me into a caring and fair person in life. We can’t spell out every conceivable aspect in our contracts. Obviously if a 9 year old dog succumbs to cancer, no one would expect the breeder to refund the owners the purchase price. Sure we feel badly for the owners and we wish the dog had lived into his teens. But one is not expected to warranty this type thing, either. Other situations are not so easily viewed and I want to stress that the best way to handle these things is to try to go above and beyond your contract when the unforeseeable occurs. In the end, I think your reputation will reflect the decisions you make when push comes to shove. If you choose not to pay now when ethically you should but contractually you don’t have to, I think you will end up paying with the damage you sustain to your reputation or perhaps your own conscience. As always, I encourage anyone with ideas on issues I’ve discussed, or issues they would like to see addressed, to please share their thoughts with me. I can be reached at shilogr@yahoo.com Thanks so much! |
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