- Report: #431681
Complaint Review: Barkworks Brea Mall - Brea California
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Barkworks Brea Mall
2001 Brea Mall # A Brea, 92821 California, U.S.A.
Phone:
714-256-4393
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Barkworks Brea Mall Give False Information - Won't Cover Hereditary/Congenital Vet Bill Like They Claim Brea California
I recently purchased a Pomeranian-Pekingese puppy from Barkworks, in Brea Mall California.
The Pet store said they would cover the cost of Vet bills if the puppy was ever found having a hereditary or congenital disease from 1 year of purchase.
Well, not even 1 month from the date of purchase, Chikoo, my pup, already has cherry eye, a hereditary weakness in the connective tissue surrounding the Hardarian gland. Its basically a gloopy meaty looking thing that looks like it is coming out of the corner of his eye.
I called the Petstore manager, she said it was NOT hereditary, it was a "breeder" issue. I was confused, and told her to clarify the difference.
She defined a breeder issue as - "The parents of the dog probably had the disease, and it was therefore passed down." Correct me if I am wrong, but isn't it the petstore's responsibility to NOT sell dogs with cherry eye or any disease for that matter? I have spoken to Veteranians and researched the disease, all to find the disease is HEREDITARY.
I want to file a claim against this Pet Dealer, as I would like full Vet Bill reimbursement.
According to California law..
California's Puppy Lemon Law
CALIFORNIA HEALTH AND SAFETY CODE
Section 122160.
(a) If a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of the dog after the sale by a pet dealer, the dog has become ill due to any illness that existed in the dog on or before delivery of the dog to the purchaser, or, if within one year after the purchaser has taken physical possession of the dog after the sale, a veterinarian licensed in this state states in writing that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale, and the pet dealer shall provide the purchaser with any of the following remedies that the purchaser elects:
(3) Retain the dog, and reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price of the dog, plus sales tax on the original purchase price of the dog.
Tm
Sacramento, California
U.S.A.
The Pet store said they would cover the cost of Vet bills if the puppy was ever found having a hereditary or congenital disease from 1 year of purchase.
Well, not even 1 month from the date of purchase, Chikoo, my pup, already has cherry eye, a hereditary weakness in the connective tissue surrounding the Hardarian gland. Its basically a gloopy meaty looking thing that looks like it is coming out of the corner of his eye.
I called the Petstore manager, she said it was NOT hereditary, it was a "breeder" issue. I was confused, and told her to clarify the difference.
She defined a breeder issue as - "The parents of the dog probably had the disease, and it was therefore passed down." Correct me if I am wrong, but isn't it the petstore's responsibility to NOT sell dogs with cherry eye or any disease for that matter? I have spoken to Veteranians and researched the disease, all to find the disease is HEREDITARY.
I want to file a claim against this Pet Dealer, as I would like full Vet Bill reimbursement.
According to California law..
California's Puppy Lemon Law
CALIFORNIA HEALTH AND SAFETY CODE
Section 122160.
(a) If a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of the dog after the sale by a pet dealer, the dog has become ill due to any illness that existed in the dog on or before delivery of the dog to the purchaser, or, if within one year after the purchaser has taken physical possession of the dog after the sale, a veterinarian licensed in this state states in writing that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale, and the pet dealer shall provide the purchaser with any of the following remedies that the purchaser elects:
(3) Retain the dog, and reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price of the dog, plus sales tax on the original purchase price of the dog.
Tm
Sacramento, California
U.S.A.
4 Updates & Rebuttals
Devilsadvocate4education*just My Opinions*
Las Vegas,Nevada,
U.S.A.
Is it mentioned in your purchase contract?
#2Consumer Comment
Sat, March 07, 2009
Cherry is very common to several breeds (like peke's) and does not usually fall under any warranties or under any of the lemon laws I know of. They usually cover things which are severe, debilitating, life threatening etc. all of which cherry is not generally considered to be. There are several breeds it is wiser to expect it with as it tends to occur often, or more often than not. Does your purchase contract have a list of specific exclusions? Cherry eye is usually mentioned in that category (even in California). It is also likely that they have run into the issue before considering how common it is and are aware of whether or not they are required to cover it, but who knows. Did you notify them within the 5 days? I would suggest researching and talking to vets who do the different types of corrections so that you may make what you believe to be the best decision for you and your pup. I also can't help but wonder why folks are purchasing these mix breeds as opposed to going to the shelter or a rescue or something? Good luck and please keep us posted.
Devilsadvocate4education*just My Opinions*
Las Vegas,Nevada,
U.S.A.
Is it mentioned in your purchase contract?
#3Consumer Comment
Sat, March 07, 2009
Cherry is very common to several breeds (like peke's) and does not usually fall under any warranties or under any of the lemon laws I know of. They usually cover things which are severe, debilitating, life threatening etc. all of which cherry is not generally considered to be. There are several breeds it is wiser to expect it with as it tends to occur often, or more often than not. Does your purchase contract have a list of specific exclusions? Cherry eye is usually mentioned in that category (even in California). It is also likely that they have run into the issue before considering how common it is and are aware of whether or not they are required to cover it, but who knows. Did you notify them within the 5 days? I would suggest researching and talking to vets who do the different types of corrections so that you may make what you believe to be the best decision for you and your pup. I also can't help but wonder why folks are purchasing these mix breeds as opposed to going to the shelter or a rescue or something? Good luck and please keep us posted.
Devilsadvocate4education*just My Opinions*
Las Vegas,Nevada,
U.S.A.
Is it mentioned in your purchase contract?
#4Consumer Comment
Sat, March 07, 2009
Cherry is very common to several breeds (like peke's) and does not usually fall under any warranties or under any of the lemon laws I know of. They usually cover things which are severe, debilitating, life threatening etc. all of which cherry is not generally considered to be. There are several breeds it is wiser to expect it with as it tends to occur often, or more often than not. Does your purchase contract have a list of specific exclusions? Cherry eye is usually mentioned in that category (even in California). It is also likely that they have run into the issue before considering how common it is and are aware of whether or not they are required to cover it, but who knows. Did you notify them within the 5 days? I would suggest researching and talking to vets who do the different types of corrections so that you may make what you believe to be the best decision for you and your pup. I also can't help but wonder why folks are purchasing these mix breeds as opposed to going to the shelter or a rescue or something? Good luck and please keep us posted.
Devilsadvocate4education*just My Opinions*
Las Vegas,Nevada,
U.S.A.
Is it mentioned in your purchase contract?
#5Consumer Comment
Sat, March 07, 2009
Cherry is very common to several breeds (like peke's) and does not usually fall under any warranties or under any of the lemon laws I know of. They usually cover things which are severe, debilitating, life threatening etc. all of which cherry is not generally considered to be. There are several breeds it is wiser to expect it with as it tends to occur often, or more often than not. Does your purchase contract have a list of specific exclusions? Cherry eye is usually mentioned in that category (even in California). It is also likely that they have run into the issue before considering how common it is and are aware of whether or not they are required to cover it, but who knows. Did you notify them within the 5 days? I would suggest researching and talking to vets who do the different types of corrections so that you may make what you believe to be the best decision for you and your pup. I also can't help but wonder why folks are purchasing these mix breeds as opposed to going to the shelter or a rescue or something? Good luck and please keep us posted.
