§ 4006 — Purchaser’s obligations

To obtain remedies under § 4005 of this title, the purchaser shall comply with all of the following requirements:

(1) Notify the seller as soon as practicable, but in no case more than 10 days after the diagnosis by a licensed veterinarian of a medical or health problem, including a congenital or hereditary condition, for which a remedy is requested. Such notice shall include the name and telephone number of the veterinarian providing the diagnosis.

(2) In the case of illness or disease, provide a written statement from a licensed veterinarian within 10 days of diagnosis stating that the animal is clinically ill, suffers from a congenital or hereditary condition, or has symptoms of a contagious infectious disease that existed on or before delivery to the purchaser and that adversely affects the health of the animal. At the request of the seller, the purchaser shall also take the animal for an examination by a licensed veterinarian of the seller’s choice. The cost of such examination shall be paid by the seller. In the case of death, the seller may have his or her veterinarian perform a necropsy, and all other provisions of this section shall apply.

(3) The veterinarian’s statement required under this section shall include all of the following:

a. The purchaser’s name and address.

b. The date or dates on which the animal was examined.

c. The breed and age of the animal, if known.

d. That the veterinarian examined the animal.

e. That the animal has or had an illness or condition subject to a remedy under § 4005 of this title.

f. The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.

Legislative History

72 Del. Laws, c. 293, § 1 ; 70 Del. Laws, c. 186, § 1