SB1639ham001 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 5/16/2013

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AMENDMENT TO SENATE BILL 1639

AMENDMENT NO. ______. Amend Senate Bill 1639 on page 2, by replacing lines 13 through 17 with the following:

"(8) The following written statement: "A copy of the pet shop's our policy regarding warranties, refunds, or returns is available upon request. and an explanation of the remedy under subsections (f) through (m) of this Section in addition to any other remedies available at law."; and

on page 4, by replacing lines 8 through 11 with the following:

"veterinarian states in writing that at the time of sale (A) the dog or cat was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or obvious signs of severe parasitism that are extreme enough to influence the general health of the animal, excluding fleas or ticks, or"; and

on page 5, line 19, by deleting "2 times"; and

on page 8, immediately below line 20, by inserting the following:

"(m) Customers shall have the right to return a dog or cat for congenital or hereditary disorders in accordance with this subsection (m). The customer has 48 normal business hours, excluding weekends and holidays, in which to have the animal examined by a licensed veterinarian of the customer's choosing. If the veterinarian certifies that, at the time of sale, the dog or cat was unfit for purchase due to a congenital or hereditary disorder, the pet shop shall afford the customer the right to choose one of the following options:

(1) the right to return the animal and receive a refund of the purchase price, including sales tax, but excluding the veterinary costs related to the certification that the dog or cat is unfit; or

(2) the right to return the animal and receive an exchange dog or cat of the customer's choice of equivalent value, but not a refund of the veterinary costs related to the certification that the dog or cat is unfit.

(n) If a pet shop offers its own warranty on a pet, a customer may choose to waive the remedies provided under subsection (m) of this Section in favor of choosing the warranty provided by the pet shop. If a customer waives the rights provided by subsection (m), the only remedies available to the customer are those provided by the pet shop's warranty. For the statement to be an effective waiver of the customer's right to refund or exchange the animal under subsection (m), the pet shop must provide, in writing, a statement of the remedy under subsection (m) that the customer is waiving as well as a written copy of the pet shop's warranty. For the statement to be an effective waiver of the customer's right to refund or exchange the animal under subsection (m), it shall be substantially similar to the following language:

"I have agreed to accept the warranty provided by the pet shop in lieu of the remedies under subsection (m) of Section 3.15 of the Animal Welfare Act. I have received a copy of the pet shop's warranty and a statement of the remedies provided under subsection (m) of Section 3.15 of the Animal Welfare Act. This is a waiver pursuant to subsection (n) of Section 3.15 of the Animal Welfare Act whereby I, the customer, relinquish any and all right to return the animal for congenital and hereditary disorders provided by subsection (m) of Section 3.15 of the Animal Welfare Act. I agree that my exclusive remedy is the warranty provided by the pet shop at the time of sale.".".