Full Text of SB1639 98th General Assembly
SB1639ham001 98TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 5/16/2013
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| 1 | | AMENDMENT TO SENATE BILL 1639
| 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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