§ 54-647 — Recourse to remedies; purchaser; duties; notice to seller; remedies

(1) In order to have recourse to the remedies available
to purchasers under this section, a purchaser shall have the pet animal examined
by a licensed veterinarian within seven business days after delivery of the
pet animal to the purchaser. The pet animal shall be declared unfit for sale
and the purchaser may obtain one of the remedies listed in subsection (2)
or (3) of this section if (a) during such examination, the veterinarian diagnoses
the pet animal with a serious health problem that the veterinarian believes
existed at the time of delivery of the pet animal to the purchaser or (b)
within fifteen months after the date of birth of the pet animal, a veterinarian
diagnoses the pet animal with a serious health problem or states in writing
that the pet animal has died from a serious health problem that the veterinarian
believes existed at the time of delivery of the pet animal to the purchaser.
(2) If a pet
animal is diagnosed with a serious health problem under subsection (1) of
this section, the purchaser shall notify the seller within two business days
after the diagnosis and provide the seller with the name and telephone number
of the veterinarian or a copy of the veterinarian's report. After such notification,
the purchaser may obtain one of the following remedies from the seller:
(a) A refund
of the full purchase price of the pet animal upon return of such pet animal
to the seller;
(b) An exchange for a pet animal of the purchaser's choice of equivalent
value, if such pet animal is available, upon return of the pet animal, if
alive, to the seller; or
(c) Reimbursement for reasonable veterinary fees, not to exceed
the full purchase price of the pet animal.
(3) If a pet animal dies from a serious
health problem as determined under subsection (1) of this section, the purchaser
shall notify the seller within two business days after receipt of the written
statement of the veterinarian by the purchaser and shall provide the seller
with a copy of such written statement. After receipt of the written statement
by the seller, the purchaser may obtain one of the following remedies from
the seller:
(a) A refund of the full purchase price of the pet animal; or
(b) A pet animal
of the purchaser's choice of equivalent value, if such pet animal is available,
and reimbursement for reasonable veterinary fees not to exceed one-half of
the full purchase price of the pet animal.
(4) For purposes of this section, veterinary
fees shall be deemed reasonable if the service is appropriate for the diagnosis
and treatment of the serious health problem and the cost of the service is
comparable to similar services provided by licensed veterinarians in close
proximity to the treating veterinarian.

Legislative History

Source: Laws 2009, LB241, § 14.