Pet Bird died

[Anno]

Hope someone can help?

 

A friend of mine bought a breeding pair of Love Birds from a pet store at a cost of £300. Unfortunately 6 weeks later one of the pair has died.

 

My friend went back to the store to either have a replacement bird or his money back, but the shop owner stated that 6 weeks was an acceptable lifespan for the bird.

 

As it happens, we know that the average love bird can live to around 10-20 years given the right environment. Also, the birds turned out to be 10 weeks old and were advertised as "a breeding pair". Love birds can't breed until they're around a year old.

 

Consumer Direct were contacted and they said that this broke the 'Sale of Goods Act' and that a letter should be written to complain to the store owner.

 

He doesn't know where to start with this. Can anyone give me an example, or has anyone heard of a similar case?

 

Any help would be appreciated, thanks!

[raydetinu]

Put your coplaint in writting with all the facts and demand your money back, he has misrepresented the birds. Not sure if SOGA apllies to livestock though.

Anyway you acn certainly take him to court over this.

[saintly_1]

I'm sure I read somewhere on the forum that SOGA does cover livestock

Will have a look see what I can find

[gyzmo]

Livestock are goods. There is caselaw on a racing horse (this was to do with divided share in property). It was bought under SoGA.

 

Its a shame, I think, were animals are lumped together with ipods and kettles.

Edited July 23, 2008 by gyzmo
trying to make a sentence actually look like one. And failed.

[ReasonableRon]

I am so resisting the urge to quote from the Dead Parrott Sketch.

[poppynurse]

In terms of the breeding pair issue - it is probably reasonable to advertise them as a breeding pair in that they are presumably the same species and of opposite sex, it is the potential for breeding that you are buying (unless they were sold as 'ready to breed'.

 

In relation to the death of the bird - was a vet consulted? The shop owner may well say the birds were healthy whilst with him and may suggest that the care wasn't right after they went to their new home.

 

In court it will come down to who is most believable on the day I think.

[Meldrew2]

I am so resisting the urge to quote from the Dead Parrott Sketch.

 

This sketch appeared on the last "Secret Policeman's Ball" in a modified form - as soon as the customer complained that the parrot was dead, the shopkeeper said "oh, sorry, I'll give you a refund then" - end of sketch !!

 

On a more serious note, if the pair were far too young to breed, there is surely a clear case of inaccurate description under SOGA.

 

If the intimation is that once they are 1 year old they will be ready to breed, the fact that one died before that age means that they could never breed - therefore inaccurate description.

 

I'm surprised that the store has no policy regarding purchases dying earlier than expected - many will (subject to a vet's report showing no signs of neglect) provide a replacement animal free or at a discounted price.

[Meldrew2]

Its a shame, I think, were animals are lumped together with ipods and kettles.

 

Quite right. Last time I tried to listen to my kettle I scalded my ear.

[gyzmo]

On a more serious note, if the pair were far too young to breed, there is surely a clear case of inaccurate description under SOGA.

 

If the intimation is that once they are 1 year old they will be ready to breed, the fact that one died before that age means that they could never breed - therefore inaccurate description.

 

That is more of a promise to the future, which as far as trade descriptions go, is not a description.

[Meldrew2]

I was thinking of the requirement in SOGA for goods to be "durable"... ie lasting long enough to fulfill the desired purpose.

[gyzmo]

Yeah I see what you mean. the problem is answering "how long should this animal last for?". At best it is a breach of warranty of the contract, but I believe the difficulty is getting proof that the bird was not as described in the first place. Of course, it is for the seller to prove that the animal was healthy when sold, but it is delving into grey areas.

[stardust_john]

I bet the other love bird is mourning the loss of its mate and needs to be kept an extra special eye on. You would think the shop owner would bend over backwards to replace the mate, if not could their pet shop license be questioned with rspa?

 

Best wishes with it.

[gyzmo]

Is it safe to do that? I had a gerbil (i know - its not a bird) once and bought another one to keep it company a week later (they used to be in the same cage when in the pet shop). woke up next day and they were both dead, apparently after a fairly major tiff. Wouldn't want that happening to anyone else

[JonCris]

The dealer thinks 6 months is an acceptable time span for them to live:eek: What planet are they on

 

I agree with all of the previous comments & Ron me too:D

[stardust_john]

6 months lifespan maybe acceptable for them , says something! Not responsible in my book.

 

ps. Introduce new mate in sep cage side by side for a while and see how they do before introducing. Love birds as in names are so cute they warm to new company pretty well. Happened to me and they were ok though 'pebbles' used to attack my finger as he prefered his mate more, they are now happily living in next doors aviary and I can still hear them tweeting away.

Edited July 23, 2008 by stardust_john