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Annex XI. to the Royal Decree of April 27, 2007 laying down the conditions for the approval of establishments for animals and laying down the conditions for the marketing of animals Warranty certificate Established in accordance with art. 30 of the Royal Decree of April 27, 2007 on the approval conditions for establishments and on the conditions for the marketing of animals. This document constitutes the guarantee granted by the seller when the animal being sold has certain congenital anomalies not declared by the seller or when this animal dies from certain infectious diseases. Art. 1 As soon as the purchaser notices the appearance of any symptom of illness, consult a veterinary surgeon and comply with the measures prescribed by the latter. He enjoys, in all circumstances, the freedom to choose the veterinary surgeon. The latter's fees, as well as the other costs inherent in the treatment, are payable except in the case provided for in article 4, last paragraph. Art. 2 Congenital anomalies If within the period of 10 days begins the day following the delivery of the animal, the presence of one of the anomalies in the box below is noted by a veterinarian without the seller having mentioned it on this document, the seller agrees, at the option of revision, to:
The seller will honor this commitment upon receipt of a written report drawn up by the buyer's veterinary surgeon. In the event of a dispute by the seller, the latter may request at his expense a second opinion by a veterinary surgeon of his choice. In the event that an agreement cannot be obtained, the buyer and the seller may appoint by mutual agreement a third veterinarian who will rule as the last resort. The fees resulting therefrom will be paid in half by both parties. ATTENTION: check the following anomalies present in the animal sold
Art.3 Diseases In the event of death caused by one of the diseases mentioned in the list below, the seller undertakes to reimburse the purchase price of the animal or to replace it in accordance with article 4, provided that a veterinary surgeon has noticed the signs within the time limits specified below:
Art.4 Procedure for reimbursement or replacement in the event of death due to one of the illnesses mentioned in art. 3 If, within the period prescribed in article 3, the veterinary surgeon suspects the presence of one of these diseases, he will attest it in a dated and signed declaration, clearly mentioning the identity of the animal (description and for a dog, identification number) and the identity of the owner. The buyer is required to send the seller a copy of this declaration within two working days of the report, postmarked as proof. To benefit from the guarantee following the death or euthanasia of the animal caused by one of the diseases mentioned in article 3, the buyer is required to confirm the diagnosis by one of the following laboratories: Faculteit Diergeneeskunde-Universiteit - Gent, Faculté de Médecine Vétérinaire- Université de Liège, CERVA - Uccle or one of the Provincial Livestock Disease Screening Laboratories or a European university veterinary faculty. The autopsy report will clearly mention the identification of the animal (description and for a dog, the identification number). If the obligations defined above and relating to the veterinarian's declaration and confirmation of the diagnosis have been fulfilled, the seller undertakes, at the buyer's choice, to:
When the buyer opts for the replacement of the animal and that, within a period of eight months, the seller has not made available to him an animal of the same breed, of the same sex, of the same age and of the same value, the purchase price will be fully refunded. In addition, and provided that the procedure defined above has been followed, the seller also undertakes to reimburse veterinary and pharmaceutical costs, on presentation of supporting documents for an amount not exceeding 30% of the purchase price of the animal.
Art. 5 Resale to a third party The buyer loses his rights to the guarantees mentioned in article 2 and article 3 if he resells the animal to a third person. Art. 6 Court Only the Belgian courts are competent in the event of a dispute. This certificate does not prejudice the other possibilities of recourse by virtue in particular of articles 1641 and following of the civil code. Attached documents: - Passport (*) - Vaccination record (*) - Final certificate of identification and registration (*) In the event of a dog acquisition, the vendor gave the purchaser written instructions regarding dog training and the parties jointly reviewed the list of questions to ask before purchasing a dog. |
