Yes, Susan,
        That is what I am saying.  I don't guarantee against hereditary
defects.  I do allow a seven day period for a buyer to see a vet and
return a puppy for full money back. I will always take back any pup I've
sold; but I won't refund money because a hereditary defect occurs.  I
inform all of the pet people who inquire about the breed that any of
mine could get a disease that is hereditary and I give them a list of
what I know to be hereditary.  How CAN one guarantee against hereditary
diseases?

Suze



Susan Cochran wrote:
>
> I test all my dogs and then disclaim any guarantee for inheritible
> disease in my contract and also have a recitation as to WHY I disclaim
> it; I have discussed with the buyer that it exists in Cavaliers and that
> testing may help identify problems in a breeding program but it will not
> mean that any particular pup will not get ill.
> -----------------------------------
>
> Suze, so you don't guarantee against hereditary defects? Is that what you
> are saying here or have I misunderstood?
> All the best,
> Susan Cochran
>
> ----- Original Message -----
> From: "Susan A. Schlenger" <[EMAIL PROTECTED]>
> To: <[EMAIL PROTECTED]>
> Sent: Monday, October 01, 2001 8:44 AM
> Subject: Re: [CKCS-L] co-ownerships and Suze's legalese
>
> > Hello, again Peggy,
> >
> > Peggy Mickelson wrote:
> > >
> > > Suze went on at length about the Uniform Commercial Code, etc....
> >
> > I answered specific questions. The questions came before my own posts;
> > did you read the thread?  I also went on about TRUST.  Isn't this post
> > the polar opposite of what you just posted?  People are too
> > trusting.......they should wear "kick me" shirts?  So which is it?  They
> > should get contracts and be specific and the contracts CAN be written so
> > that they are equitable to all......or they should blindly trust?
> >
> >
> > >       This kind of approach to breeding dogs is terrifying.  The minute
> someone starts throwing around all this kind of talk I lose all interest in
> even speaking to them about buying or breeding or doing any kind of business
> with them at all.
> >
> > So, then you work on trust alone and have no contracts?  And those who
> > trust and get no contracts are NOT fools if they get burnt?   I've seen
> > folks turn around opinions over some days but not in minutes.
> >
> > So, tell us, is it the "kick me" or "get it in writing"?
> >
> >
> > >     To be sure, there are obviously people out there, more in our breed
> than I've ever heard of in any other breed, who are willing to take
> advantage of novice buyers.  However, this is not the kind of approach a dog
> fancier should have to have in mind.
> >
> > No, it is not.  That is not at all what was being discussed.  What was
> > being discussed was how to manage to satisfy breeder's "needs" along
> > with being FAIR and equitable to buyers.
> >
> >
> > >     The very fact that anyone believed it necessary to bring up any
> legal information should point out that we have gone, or someone has gone,
> beyond the pale.
> >
> > Here.....we agree.
> >
> > >     We are supposed to be doing this activity for enjoyment, not to get
> rich.  We are supposed to breed only to improve on what we have, not just to
> have a product to sell.
> > > It is nice to get back some money to put back into the never-ending
> outgo, but where dogs are concerned, it is my NSHO that if you are making a
> profit, you should be avoided, because you can't be doing it right!
> >
> > YES, again. I agree here.
> >
> >
> > >     In my 40+ years involvement in dog showing and breeding, I thought
> I'd seen and heard of everything....then I got a Cavalier.  Whole new
> ballgame--well, maybe the same ballgame, but all new rules.  I'm amazed at
> the goings-on.
> >
> > Don't be........I've heard of the same in other breeds on all breed
> > lists.  Dogs selling for tens of thousands of dollars, etc.
> >
> >
> > >      While I'm at it, I have to say also that I've never heard a
> knowledgeable and successful breeder of dogs EVER put health before type.
> EVER.  Not that they ignored health issues, far from it....but before type?
> No.  Again...except in Cavaliers.
> >
> > This part is very interesting to me as I observe the same thing.
> > Breeders in other breeds are conscientious about health but they don't
> > obsess about it over and over.  I think that there is a bit of
> > disingenuity in some people in Cavaliers who "test" and advertise that
> > they do (and by comparison suggest that others who don't obsess about
> > this don't test); a suggestion that the advertised "tested" breeding
> > program will assure that the buyer gets a health pup.  THAT is simply
> > not so.  Testing is wonderful for what it is.  It means that the dog is
> > healthy on the day it is tested. MVD and other inheritible diseases
> > exist in all lines.  A dog can test clear one day and have a murmur the
> > next.  I DO see people selling their dogs BASED on health and I don't
> > think that is fair or right either.
> >
> > I test all my dogs and then disclaim any guarantee for inheritible
> > disease in my contract and also have a recitation as to WHY I disclaim
> > it; I have discussed with the buyer that it exists in Cavaliers and that
> > testing may help identify problems in a breeding program but it will not
> > mean that any particular pup will not get ill.
> >
> > Suze (who trys not to throw about any legalese, but rather to be helpful
> > for FREE; take it or leave it)
> >
> > --
> > Suze at Llawen Cavaliers
> > "...I have seen that in any great undertaking it is not enough for a man
> > to depend simply upon himself."  -Isna Ia-wica
> > "Thought comes before speech" Luther Standing Bear
> >
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--
Suze at Llawen Cavaliers
"...I have seen that in any great undertaking it is not enough for a man
to depend simply upon himself."  -Isna Ia-wica
"Thought comes before speech" Luther Standing Bear

=========================================================
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