Rep. Michael J. Zalewski

Filed: 5/16/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1639 on page 2, by
3replacing 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
10on 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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1on page 5, line 19, by deleting "2 times"; and
2on page 8, immediately below line 20, by inserting the
4    "(m) Customers shall have the right to return a dog or cat
5for congenital or hereditary disorders in accordance with this
6subsection (m). The customer has 48 normal business hours,
7excluding weekends and holidays, in which to have the animal
8examined by a licensed veterinarian of the customer's choosing.
9If the veterinarian certifies that, at the time of sale, the
10dog or cat was unfit for purchase due to a congenital or
11hereditary disorder, the pet shop shall afford the customer the
12right 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
22customer may choose to waive the remedies provided under
23subsection (m) of this Section in favor of choosing the
24warranty provided by the pet shop. If a customer waives the
25rights provided by subsection (m), the only remedies available



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1to the customer are those provided by the pet shop's warranty.
2For the statement to be an effective waiver of the customer's
3right to refund or exchange the animal under subsection (m),
4the pet shop must provide, in writing, a statement of the
5remedy under subsection (m) that the customer is waiving as
6well as a written copy of the pet shop's warranty. For the
7statement to be an effective waiver of the customer's right to
8refund or exchange the animal under subsection (m), it shall be
9substantially 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.".".