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im going to sue you until your pants drop knn !!!!

drifter

Alfrescian (InfP)
Generous Asset
about 3 weeks ago my cousin ask me for a christmas present . he wanted a 11months cat which cost me 10k . i really pamper this cousin of mine so i decided to send his parents the money to buy the cat ...but 2 weeks after he brought it something happen to the cat ...the cat keep on vomiting almost everyday so my sister send the cat to the vet ...but to her horror that cat kena feline leukemia virus ( FeLV ) . she send me a copy of the animal contact ...and ask me whether its possible to sue the pet shop . what do you guys think ? do i have a case ?

securedownloadghe.jpg
 

Windsor

Alfrescian (Inf)
Asset
Does the sales contract have a clause similar to this?

"Purchaser agrees to the following conditions of sale:

  • Under no circumstances will this kitten/cat be sold, leased, or given to any pet shop, research laboratory, animal shelter or similar facility.
  • Adequate indoor sanitary facilities will be provided and this cat will not be allowed to roam outdoors. Only an enclosed, covered run will be used for outings unless the cat is with owner in a carrier, on a leash or in the owners hands, only.
  • Breeder guarantees that the kitten/cat is in excellent health at the time of purchase, is free of parasites, and comes from a FeLV negative cattery. In order to qualify for this guarantee, the kitten must be examined by a licensed veterinarian within 48 hours after delivery (except Sundays and holidays). If the vet feels that the animal is ill and that the illness was present prior to sale, the Breeder should be contacted at once, before any major treatment is begun (except in an emergency situation). If the kitten/cat should die from a problem present prior to sale, the Breeder will replace the animal with one of equal quality. The total liability of the Breeder shall in no case exceed the total price listed on the first page of this contract. We guarantee this kitten/cat to be FeLV-negative at time of sale.
  • The seller guarantees that this cat/kitten is free of congenital or hereditary defects, which are life threatening. If this cat/kitten dies within the first year
    of life due to a hereditary or congenital defect, this cat/kitten will be replaced with another cat/kitten when one is available. An autopsy must be performed by a licensed veterinarian provided to the seller showing the cause of death to be due to a hereditary or congenital defect. Buyer will not hold the seller responsible for
    any veterinarian bills or expenses incurred.
  • If this cat is found to be neglected or in ill heath for an unreasonable length of time, Purchaser will surrender said cat to Breeder unconditionally. The Breeder's judgement of neglect or health will be final.
  • If purchased as a pet or show alter, Breeder agrees to provide pedigree at time of purchase, but will give Purchaser registration papers only upon presentation of a veterinarian's certificate of neutering or spaying.
  • The Purchaser agrees to inform the Breeder of any awards, placements, or titles earned by the kitten/cat in sanctioned competition. Purchaser agrees to the following conditions of sale:
  • Under no circumstances will this kitten/cat be sold, leased, or given to any pet shop, research laboratory, animal shelter or similar facility.
  • Adequate indoor sanitary facilities will be provided and this cat will not be allowed to roam outdoors. Only an enclosed, covered run will be used for outings unless the cat is with owner in a carrier, on a leash or in the owners hands, only.
  • Breeder guarantees that the kitten/cat is in excellent health at the time of purchase, is free of parasites, and comes from a FeLV negative cattery. In order to qualify for this guarantee, the kitten must be examined by a licensed veterinarian within 48 hours after delivery (except Sundays and holidays). If the vet feels that the animal is ill and that the illness was present prior to sale, the Breeder should be contacted at once, before any major treatment is begun (except in an emergency situation). If the kitten/cat should die from a problem present prior to sale, the Breeder will replace the animal with one of equal quality. The total liability of the Breeder shall in no case exceed the total price listed on the first page of this contract. We guarantee this kitten/cat to be FeLV-negative at time of sale.
  • The seller guarantees that this cat/kitten is free of congenital or hereditary defects, which are life threatening. If this cat/kitten dies within the first year
    of life due to a hereditary or congenital defect, this cat/kitten will be replaced with another cat/kitten when one is available. An autopsy must be performed by a licensed veterinarian provided to the seller showing the cause of death to be due to a hereditary or congenital defect. Buyer will not hold the seller responsible for
    any veterinarian bills or expenses incurred.
  • If this cat is found to be neglected or in ill heath for an unreasonable length of time, Purchaser will surrender said cat to Breeder unconditionally. The Breeder's judgement of neglect or health will be final.
  • If purchased as a pet or show alter, Breeder agrees to provide pedigree at time of purchase, but will give Purchaser registration papers only upon presentation of a veterinarian's certificate of neutering or spaying.
  • The Purchaser agrees to inform the Breeder of any awards, placements, or titles earned by the kitten/cat in sanctioned competition."
 

Froggy

Alfrescian (InfP) + Mod
Moderator
Generous Asset
Drifter, I think cannot sue because I think seller also don't know cat sick la I believe. But you must check contract details first.
 

Windsor

Alfrescian (Inf)
Asset
Drifter, I think cannot sue because I think seller also don't know cat sick la I believe. But you must check contract details first.

The Seller could have imported from an overseas Breeder and normally with expensive breeds there will be a Sales Contract. So it can be a back to back arrangement. End buyer sues local supplier who will counter-sue overseas supplier. So need to discuss with local supplier and last resort if not possible get a lawyer.
 

drifter

Alfrescian (InfP)
Generous Asset
Does the sales contract have a clause similar to this?

"Purchaser agrees to the following conditions of sale:

  • Under no circumstances will this kitten/cat be sold, leased, or given to any pet shop, research laboratory, animal shelter or similar facility.
  • Adequate indoor sanitary facilities will be provided and this cat will not be allowed to roam outdoors. Only an enclosed, covered run will be used for outings unless the cat is with owner in a carrier, on a leash or in the owners hands, only.
  • Breeder guarantees that the kitten/cat is in excellent health at the time of purchase, is free of parasites, and comes from a FeLV negative cattery. In order to qualify for this guarantee, the kitten must be examined by a licensed veterinarian within 48 hours after delivery (except Sundays and holidays). If the vet feels that the animal is ill and that the illness was present prior to sale, the Breeder should be contacted at once, before any major treatment is begun (except in an emergency situation). If the kitten/cat should die from a problem present prior to sale, the Breeder will replace the animal with one of equal quality. The total liability of the Breeder shall in no case exceed the total price listed on the first page of this contract. We guarantee this kitten/cat to be FeLV-negative at time of sale.
  • The seller guarantees that this cat/kitten is free of congenital or hereditary defects, which are life threatening. If this cat/kitten dies within the first year
    of life due to a hereditary or congenital defect, this cat/kitten will be replaced with another cat/kitten when one is available. An autopsy must be performed by a licensed veterinarian provided to the seller showing the cause of death to be due to a hereditary or congenital defect. Buyer will not hold the seller responsible for
    any veterinarian bills or expenses incurred.
  • If this cat is found to be neglected or in ill heath for an unreasonable length of time, Purchaser will surrender said cat to Breeder unconditionally. The Breeder's judgement of neglect or health will be final.
  • If purchased as a pet or show alter, Breeder agrees to provide pedigree at time of purchase, but will give Purchaser registration papers only upon presentation of a veterinarian's certificate of neutering or spaying.
  • The Purchaser agrees to inform the Breeder of any awards, placements, or titles earned by the kitten/cat in sanctioned competition. Purchaser agrees to the following conditions of sale:
  • Under no circumstances will this kitten/cat be sold, leased, or given to any pet shop, research laboratory, animal shelter or similar facility.
  • Adequate indoor sanitary facilities will be provided and this cat will not be allowed to roam outdoors. Only an enclosed, covered run will be used for outings unless the cat is with owner in a carrier, on a leash or in the owners hands, only.
  • Breeder guarantees that the kitten/cat is in excellent health at the time of purchase, is free of parasites, and comes from a FeLV negative cattery. In order to qualify for this guarantee, the kitten must be examined by a licensed veterinarian within 48 hours after delivery (except Sundays and holidays). If the vet feels that the animal is ill and that the illness was present prior to sale, the Breeder should be contacted at once, before any major treatment is begun (except in an emergency situation). If the kitten/cat should die from a problem present prior to sale, the Breeder will replace the animal with one of equal quality. The total liability of the Breeder shall in no case exceed the total price listed on the first page of this contract. We guarantee this kitten/cat to be FeLV-negative at time of sale.
  • The seller guarantees that this cat/kitten is free of congenital or hereditary defects, which are life threatening. If this cat/kitten dies within the first year
    of life due to a hereditary or congenital defect, this cat/kitten will be replaced with another cat/kitten when one is available. An autopsy must be performed by a licensed veterinarian provided to the seller showing the cause of death to be due to a hereditary or congenital defect. Buyer will not hold the seller responsible for
    any veterinarian bills or expenses incurred.
  • If this cat is found to be neglected or in ill heath for an unreasonable length of time, Purchaser will surrender said cat to Breeder unconditionally. The Breeder's judgement of neglect or health will be final.
  • If purchased as a pet or show alter, Breeder agrees to provide pedigree at time of purchase, but will give Purchaser registration papers only upon presentation of a veterinarian's certificate of neutering or spaying.
  • The Purchaser agrees to inform the Breeder of any awards, placements, or titles earned by the kitten/cat in sanctioned competition."


bro , have this

inherent defects
9) due to no fault of the seller , the animal may have inherent defects including illnesses ( inherent defect ) which are not apparent and/or detactable at the date of delievery of the animal to the buyer .

10) if such inherent defects are brought to the attention of the seller within 24hours from the date of delivery of the animal to the buyer , the seller may upon verification of the inherent defects, offer satisfactory replacement of the animal to the buyer with another animal of the same type of the original animal within 30days or at the sole discretion decide to offer a full refund of the price to the buyer . the refund if given, shall be full and final settlement of all losses and claims arising out of or in relation to the inherent defects and the sales of the animal
 

drifter

Alfrescian (InfP)
Generous Asset
The Seller could have imported from an overseas Breeder and normally with expensive breeds there will be a Sales Contract. So it can be a back to back arrangement. End buyer sues local supplier who will counter-sue overseas supplier. So need to discuss with local supplier and last resort if not possible get a lawyer.

yes bro the cat was imported .
 

drifter

Alfrescian (InfP)
Generous Asset
[video=youtube;yc8yHE8d3zY]http://www.youtube.com/watch?v=yc8yHE8d3zY[/video]
 

drifter

Alfrescian (InfP)
Generous Asset
this is also included in the animal contract

animal health

11) the buyer purchases the animal of his own choice and at his own risk . the buyer agreed he has not relied on any presentations made by the seller or at all

12) it is a condition of the contract that the buyer shall be required to have the animal examined by a licensed and qualified veterarian practicing in singapore within 24hours of taking delivery of the animal . ( in computing the 24 hours public hoilday shall be excluded ) the seller will not be responsible for any other fees incurred by the buyer . failing compliance with this condition , the buyer is not entitled to raise any issues relating to the health and condition of the animal after the expiry of 24 hours of taking delivery of the animal
 

laksaboy

Alfrescian (Inf)
Asset
i really pamper this cousin of mine

Daft sucker.

There's a term for one-way pampering with expensive gifts: RIP OFF.

Now you're doing extra and bothering yourself with a potential lawsuit. Lemme guess... you're paying the legal fees too.?

YOU voluntarily gave a $10K present to the kid. What he does with it henceforth is quite frankly none of your concern.

If they do not want to take care of the pet and nurse it back to health (too stingy to pay for visits to the vet, eh?), then they can jolly well give the creature to the SPCA, which may or may not put it down.

Unlike you presumably, I have no qualms severing ties with parasitic or annoying relatives, which may include me not attending certain weddings or funerals. I have done it before.
 

Ramseth

Alfrescian (Inf)
Asset
Only silly people keep animals as pets and argue over it. Smart people cook and eat it, no need to argue. But frankly, I've never tasted cat meat before, it was unwanted cause they say too small, not enough meat, not worth the trouble.
 
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M

Mdm Tang

Guest
.

correction : 1st go see your lawyer ;

2nd go make a police report ;
 

Windsor

Alfrescian (Inf)
Asset
siao liao like that i wasted 10k ..knn .

No harm to see a lawyer and get advice. Must be done asap. The disease I believe is not contactable and is inherent and not easily detectable. A vet can also advice the best action to take. 10K is not a small sum.
 

drifter

Alfrescian (InfP)
Generous Asset
13) without prejudice to the aforesaid and subject to the terms set out hereunder . the seller guarantees that should the animal contract a viral or bacterial infection within 24hours from the date the buyer signs this contract or upon delivery of the animal to the buyer , whichever is earlier, the seller will refund the price of the animal to the buyer subject to the following condition preccedent
 
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