THIS IS THE NEW YORK STATE PUPPY and KITTEN LEMON LAW aka CHARLEMAGNES LAW. TELL YOUR FRIENDS. DO NOT LET PET DEALERS TELL YOU DIFFERENT. THIS IS THE LAW. IF THEY TRY TO LIE TO YOU REPORT THEM TO THE DEPT. OF AGRICULTURE AND MARKETS IN NYS. IF THEY ARE REPORTED ENOUGH THEY WILL LOSE THEIR LICENSES. 7:27am New Yorks Charlemagnes Law Under New York State law, Charlemagnes Law, consumers who purchase sick dogs or cats from commercial pet stores or breeders are entitled to their choice of a refund, exchange, or reimbursement of veterinary costs within 14 days of the sale or receipt of the written consumer rights notice from the seller, whichever occurs later. Types of Illness Dogs or cats which are certified by a licensed veterinarian as unfit for purchase due to illness, hereditary deformities which affect the animals health, or a contagious or infectious disease, are covered by this law. However, intestinal parasites are not grounds for declaring the animal unfit for sale unless it is clinically ill due to the condition. Also, an animal may not be found unfit for sale because of an injury sustained or an illness contracted after the consumer took possession of it. Your Refund RightsIf the animal has been certified as unfit for purchase, the dealer must offer the consumer: (a) the right to return the animal and receive a refund of the purchase price including the sales tax and reasonable vets costs for examining and issuing the certificate that the animal is unfit for purchase for one of the specific reasons prescribed by this law. Or: (b) the right to return the animal and receive and exchange animal of the owners choice of equivalent value plus the reasonable vets costs as described in paragraph (a) above. Or: (c) the right to retain the animal and receive reimbursement by the dealer for the reasonable amount charged by a licensed vet of the consumers choosing for curing or attempting to cure the animal. Such reimbursement cannot exceed the original sales price of the animal. It cannot include any fee not related to the certification of the animals unfitness for purchase. Time Limits Prescribed By Law1.The consumer must have secured a certification of unfitness for purchase from the vet within 14 days following the sale or receipt of the printed consumer rights notice which sellers are required to provide, whichever occurs later. 2.The consumer must present the vets certification of unfitness to the dealer within 3 business days of receipt from the vet. 3.The business must make the required refund or reimbursement no more than 10 business days after receipt of the certification from the consumer. 4.A seller may contest the consumers demand for a refund, exchange or reimbursement by requiring the consumer to produce the animal for examination by a licensed vet designated by the dealer. After this examination, if the consumer and dealer cannot reach an agreement on one of the options in (a), (b), or (c) above within 10 business days of the dealers receipt of the animal for examination, the consumer has the right to initiate a court action to obtain a refund, exchange or reimbursement. Sellers Must Provide Printed Consumer Rights NoticeThe seller must provide a printed notice to the consumer at the time of sale. This information includes, but is not limited to, a description, including breed of the animal; the date of purchase; the name, address and telephone number of the consumer; and the amount of purchase. The dealer must certify this information by signing. This notice may be contained in a written contract, animal history certificate, or a separate document. .
Posted on: Mon, 02 Dec 2013 16:55:57 +0000
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