Fogyasztóvédők Magyarországi Egyesülete

About the guarantee for animals

The breeder's obligations

The trader should be aware of the extent of his guarantee commitments in connection with properties, errors, shortages of the animals wanted to be sold.
According to 1959. Act IV., the Civil Code (hereinafter referred to as the Civil Code.) 305th § (2) the seller is responsible for that the provided thing - in this case the animal -at delivery has the statutory and contractual characteristics.

Parties shall inform each other regarding all essential circumstances in relation to the proposed contract and it's perfpormance before the contract is concluded. The object of a contract, in this case, the animal's health and essential properties are considered as such an essential circumstance. A disease may significantly reduce the value of the animal , if it has died, essentially eliminating it, it causes considerable loss.
 

Contracts shall be performed as stipulated, in accordance with the quality specified therein. Services, at the time when supplied, shall be of a quality and performance that are normal in services of the same type and that the consumer can reasonably expect, given the nature of the services, and shall be for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time the contract was concluded and which the trader accepted.

This requirement may impose a wide range of commitments on the trader until the animal stays by him, for example he shall give in the mandatory vaccinations, in case of disease it should be treated adequatly. Indeed, if the consumer signs it in advance, that, for example, he wants a dog for exhibition, then this request puts extra requirements on to the seller.
 

The rights of costumers, the availability of remedy

The costumer shall be aware of what claims can be enforced against the sellers, what are the properties, errors and shortages the seller warrants for.
Civil Code prescribes in the case of contracts for the delivery of animals, the limitation period shall last for sixty days from the date of delivery. So this period of time is available for the consumer to enforce his/her guaranteed rights. The reason for the shorter guarantee period is the nature of living things, at performance existing defects, diseases and other faults come usually forward and become recognizable within a short time.
 

However, certain diseases, disorders aren't recognizable within 60 days from the performance or may not occur during this time.
If the consumer is unable to enforce his claim for an excusable reason, the consumer may enforce his guarantee rights over 60 days as well. Latent defect is such an excusable reason, in this case for instance the animal birth defects, latent disease, which wasn't recognizable within 60 days .
In the case of latent defect, if notification of the lack of conformity is made within 60 days of the time it is detected, it shall be deemed that notification was made in due time, but just then if 2 years from the performance didn't pass, the final date is 2 years from the date of purchase.