Rebecca
O'Fallon,#2REBUTTAL Individual responds
Tue, July 14, 2009
Just wanted to let everyone know that Melissa Snider filed a lawsuit against me and my cattery and the judge has decided in my favor!!! Below is his decision. 07/13/2009 Docket Entry: Judgment Entered Text: THE LIMITED EVIDENCE BEFORE THE COURT REFLECTS DEFENDANT'S VETERINARIAN CERTIFIED THE CAT SOLD BY DEFENDANT TO PLAINTIFF TO BE HEALTHY AND SHOWING NO NYSTAGMUS. CONSEQUENTLY, THE COURT FINDS NO FRAUD ON THE PART OF DEFENDANT IN THE SALE OF THE CAT TO PLAINTIFF. REGARDING THE SALE CONTRACT ENTERED INTO BY THE PARTIES, THE REMEDY AVAILABLE TO PLAINTIFF IS A REPLACEMENT CAT, WHICH PLAINTIFF INDICATES AT TRIAL SHE DID NOT WANT. I hope Melissa enjoyed her trip to St. Louis.
Rebecca
O'Fallon,#3REBUTTAL Individual responds
Tue, May 26, 2009
I just thought I would post a paragraph of the binding contract that Ms. Snider signed. I find it very humerous that Ms. Snider is warning people against adopting a kitten from me and that "the flowers are wilted and dead" at Sweet Petunias only because I have refused to give her a refund and I have her signature on a document agreeing that no refunds will be given. I also never recommended that the kitten be put down. That is an absolute lie. Between her spreading lies and her boyfriend threatening me with physical harm I am now considering legal action against these individuals. 13. SELLER PROVIDES A ONE-YEAR HEALTH GUARANTEE AGAINST LIFE THREATENING CONGENITAL HEALTH DEFECTS. IF A CONGENITAL HEALTH DEFECT IS DETERMINED TO BE PRESENT AND LIFE THREATENING, THE SELLER WILL REPLACE THE KITTEN/CAT WITH ONE OF EQUAL QUALITY WHEN HE/SHE BECOMES AVAILABLE. THIS SELLER REQUIRES THAT THE PURCHASER'S VET AND THE SELLER'S VET CONSULT AND AGREE ABOUT THE NATURE OF THE LIFE THREATENING CONGENITAL DEFECT. THIS CLAUSE WILL BE NULL AND VOID IF THIS ACTION DOES NOT OCCUR. THE PURCHASER MUST PROVIDE DOCUMENTATION FROM THE VET ABOUT ANY LIFE THREATENING CONGENITAL DEFECT TO THE SELLER BEFORE REPLACEMENT OCCURS. A NECROPSY REPORT WITH AN EXPLANATION BY THE VET MUST BE PROVIDED TO THE SELLER PRIOR TO REPLACEMENT OF A CAT OR KITTEN. THIS BREEDER WILL NOT REFUND THE PURCHASE PRICE OR MEDICAL COSTS UNDER ANY CIRCUMSTANCE. THE PURCHASER MUST PAY FOR SHIPMENT COSTS FOR A REPLACEMENT CAT. 14. PLEASE NOTE - THIS HEALTH GUARANTEE DOES NOT COVER ANY ILLNESS OR CONDITION THAT IS NOT A LIFE THREATENING CONGENITAL DEFECT.
Rebecca
O'Fallon,#4REBUTTAL Individual responds
Mon, May 25, 2009
Hello my name is Rebecca Adaway of Sweet Petunias Cattery and as you know there are 2 sides two sides to every story. Well, here is mine. On April 6th I shipped my little Romeo to Melissa Snyder. Melissa paid $1045 for Romeo, not $1300 as she states. She is including shipping in the cost of the kitten. On April 21st Melissa Snider contacted me via email and asked me to call her. I made a phone call to her via my cell phone and she advised me that she had taken Romeo to the vet for his very first visit on April 21st. She said her vet diagnosed the kitten with nystagmus, a NON-life threatening condition. She advised me that she knew that she had voided the contract signed by her by not taking him to the vet in the 2 day period required after receiving him, but that she was busy moving. This very first vet visit as verified by Melissa Snider happened 15 days after receiving the kitten. This was verified by me on April 22nd. I made a phone call to Dr. Hagen's office, Melissa's veterinarian, and was told by Lydia and Dr. Hagens office assistant that this was in fact Romeo's first vet visit. On April 21st, even though Melissa admitted to breaking the contract, and this disease is not fatal, I offered Melissa a replacement kitten from my next litter. Melissa was not happy with this and stated in an email that she wanted a refund. I again told Melissa that I did not give refunds and this is stated in my contract that she had signed and agreed to. This is a standard in contracts from catteries. Not one cattery I know of will offer a cash refund. I did again offer Melissa a kitten out of my next litter, she stated that she did not want to wait that long to get a replacement cat and that she wanted a new kitten now and that she would only accept a refund. I then received a very irate and threatening phone call from Melissa's boyfriend, stating that if I did not refund her money, he was going to call the better business bureau and sue me. He also advised me that in fact they hadn't broken the contract, and this was in fact Romeo's second vet visit, and that the first visit occurred within the 2 day time period and that he has documentation to this effect. I advised him that Melissa had already admitted to me that she knowingly broke the contract because she was busy moving and told me that Romeo's first vet visit occurred on Tuesday, April 21st and that any documentation he had was obviously fraudulent. Melissa's boyfriend then threatened me with physical harm and then hung up the phone. The kitten had numerous vet visits before being shipped to the client and was verified as healthy by the veterinarian. During only 1 visit did my vet notice his eyes darting, but the next 3 visits he showed no signs. I also have documentation of 7 emails I sent Melissa stating that Romeo was very small, and not properly using the litter box. I offered Melissa a refund at that time and Melissa turned me down and told me she wanted Romeo even though he was tiny. Melissa Snyder is only raising such a stink because she is impatient and does not want to wait for a kitten from my next litter. I am not obligated to offer Ms. Snyder a kitten as she voided the contract by failing to take the kitten to the veterinarian in the specified amount of time. However, I do have a litter due in June and will be happy to replace the kitten. I have sold many kittens in the past and as you can see on my testimonials page on my website all of my past clients are extremely happy. This is my first experience with a pet buyer who is unhappy. The bottom line is that Melissa Snyder signed a contract with Sweet Petunias stating that she must take the kitten to the vet within 2 days of receipt in order for the health guarantee to become active, she did not do this and admitted to it. The contract also states that no refunds under any circumstances would be given, but that in the case of a fatal congenital defect a replacement kitten would be offered. Because Miss Snyder is inpatient and unwilling to wait for another kitten, she is doing all she can to tarnish my good name and my business. Her actions and the actions of her boyfriend are dispicable. I encourage any other breeders out there not to deal with these 2 shady individuals.