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Rep. Michael J. Zalewski
Filed: 5/16/2013
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1 | | AMENDMENT TO SENATE BILL 1639
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1639 on page 2, by |
3 | | replacing lines 13 through 17 with the following: |
4 | | "(8) The following written statement: " A copy of the |
5 | | pet shop's our policy regarding warranties, refunds, or |
6 | | returns is available upon request. and an explanation of |
7 | | the remedy under subsections (f) through (m) of this |
8 | | Section in addition to any other remedies available at |
9 | | law ."; and |
10 | | on page 4, by replacing lines 8 through 11 with the following: |
11 | | " veterinarian states in writing that at the time of sale |
12 | | (A) the dog or cat was unfit for purchase due to illness or |
13 | | disease, the presence of symptoms of a contagious or |
14 | | infectious disease, or obvious signs of severe parasitism |
15 | | that are extreme enough to influence the general health of |
16 | | the animal, excluding fleas or ticks, or "; and
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1 | | on page 5, line 19, by deleting " 2 times "; and |
2 | | on page 8, immediately below line 20, by inserting the |
3 | | following: |
4 | | " (m) Customers shall have the right to return a dog or cat |
5 | | for congenital or hereditary disorders in accordance with this |
6 | | subsection (m). The customer has 48 normal business hours, |
7 | | excluding weekends and holidays, in which to have the animal |
8 | | examined by a licensed veterinarian of the customer's choosing. |
9 | | If the veterinarian certifies that, at the time of sale, the |
10 | | dog or cat was unfit for purchase due to a congenital or |
11 | | hereditary disorder, the pet shop shall afford the customer the |
12 | | right to choose one of the following options: |
13 | | (1) the right to return the animal and receive a refund |
14 | | of the purchase price, including sales tax, but excluding |
15 | | the veterinary costs related to the certification that the |
16 | | dog or cat is unfit; or |
17 | | (2) the right to return the animal and receive an |
18 | | exchange dog or cat of the customer's choice of equivalent |
19 | | value, but not a refund of the veterinary costs related to |
20 | | the certification that the dog or cat is unfit. |
21 | | (n) If a pet shop offers its own warranty on a pet, a |
22 | | customer may choose to waive the remedies provided under |
23 | | subsection (m) of this Section in favor of choosing the |
24 | | warranty provided by the pet shop. If a customer waives the |
25 | | rights provided by subsection (m), the only remedies available |
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1 | | to the customer are those provided by the pet shop's warranty. |
2 | | For the statement to be an effective waiver of the customer's |
3 | | right to refund or exchange the animal under subsection (m), |
4 | | the pet shop must provide, in writing, a statement of the |
5 | | remedy under subsection (m) that the customer is waiving as |
6 | | well as a written copy of the pet shop's warranty. For the |
7 | | statement to be an effective waiver of the customer's right to |
8 | | refund or exchange the animal under subsection (m), it shall be |
9 | | substantially similar to the following language: |
10 | | "I have agreed to accept the warranty provided by the |
11 | | pet shop in lieu of the remedies under subsection (m) of |
12 | | Section 3.15 of the Animal Welfare Act. I have received a |
13 | | copy of the pet shop's warranty and a statement of the |
14 | | remedies provided under subsection (m) of Section 3.15 of |
15 | | the Animal Welfare Act. This is a waiver pursuant to |
16 | | subsection (n) of Section 3.15 of the Animal Welfare Act |
17 | | whereby I, the customer, relinquish any and all right to |
18 | | return the animal for congenital and hereditary disorders |
19 | | provided by subsection (m) of Section 3.15 of the Animal |
20 | | Welfare Act. I agree that my exclusive remedy is the |
21 | | warranty provided by the pet shop at the time of sale.". ".
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