If the buyer discovers a defect in the purchased animal, he/she has the chanche to claim as follows:
- Rectification/Subsequent improvement
- Reduction of the price
- Repayment of the purchase price upon return of the animal
The subsequent improvement is basically difficult for the animal, because the buyer has the right to remedy the defect or to redeliver a “defect-free item”. The salesman can eliminate the lack by taking back the animal first of all and lets treat the pet by a veterinary surgeon. This may not be the case of a chronic disease.
If the return of the animal is justified, the buyer can at the same time demand reimbursement from the seller of the costs incurred since the purchase, e.g. feed, accommodation, veterinarian.
The warranty period is two years, the deadline is the handover date of the animal purchase.
We accompany you in the assertion and defence of claims for damages in the event of damage. We help you to find experts and to review expert opinions. Contact us. Attorney-at-law, Ms. Julia Ziegeler
Disclaimer of Warranty
If the buyer was aware of the defect or if it remained unknown to him as a result of negligence, he cannot make use of his warranty right.
With a sales contract between two commercial persons or between two private persons, the contracting parties can shorten or exclude the warranty rights by contract agreement. This is regulated by german law.
Ein Verbrauchsgüterkaufvertrag erlaubt Ausschluss oder Verkürzung der Gewährleistungsrechte nur bedingt. Die Vertragsparteien können folgende Gewährleistungsfristen bei einem Verbrauchsgüterkaufvertrag weder durch spezifische Vereinbarung noch durch Vereinbarung in den Allgemeinen Geschäftsbedingungen unterschreiten:
A contract for the sale of consumer goods only permits the exclusion or the shortening of warranty rights to a limited extent. The contracting parties may not undercut the following warranty periods for a consumer goods purchase contract either by specific agreement or by agreement in the General Terms and Conditions for:
- one year for used goods
- two years for new goods
An animal is considered “new” if it is sold after birth. >> Do you want to know more about an animal purchase agreement?
If you are facing the above-mentioned problems, you should seek advice from an impartial lawyer. Discuss the next steps with us.