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Does this describe you, your intentions and your business practices so far? Well, don't pat yourself on the back too soon. Let's examine the subject of hip dysplasia guarantees and see if yours merely pay lip service to the "letter of the Law" (which has many loopholes), or are actually living up to and preserving the "spirit of the Law," as well.
To guarantee against something is to acknowledge the possibility that an undetected problem (or undesired condition) might exist or occur within a specified time in the item being guaranteed. All guarantees place the responsibility for detection of such existence or occurrence on the purchaser.
Hip dysplasia is an inherited hip joint disease (development or formation) of varying severity and expression, occurring in polygenetically predisposed dogs. Because hip dysplasia can drastically impair function and movement - and most certainly alter the quality of the dog's life - sires and dams consistently producing hip dysplasia, and progeny having this disease, must be identified and removed from future use in breeding programs.
By guaranteeing against hip (and elbow) dysplasia, a Guarantor is saying that he fully intends to remove dysplastic progeny and producers from possible use in a breeding program as soon as they are identified. Furthermore, by offering a replacement dog or refund of money, he is rewarding the purchaser for his assistance in such identification by insuring him against financial loss. He is also protecting his reputation as a breeder sincerely intent on weeding out undesirable Breed problems. And, finally, he is doing the Breed a service.
At least in theory, that's how it's all supposed to work. How it really works is another story. In many cases the guarantees, their wording, intent, implementation and execution are all so vague or complicated as to be essentially worthless! Analyzing facets of a guarantee against hip dysplasia can be a real lesson in double-talk or "empty phrases!"
At the very best (and assuming only the most honorable of intentions), the failure of Guarantors to use a standard in describing hip dysplasia categories rates as the most confusing and most serious litigation-causing problem. Hip dysplasia is not just ‘hip dysplasia.' It's not akin to the old saying, "You can't be just a little bit pregnant," because a dog can be a "little bit" dysplastic.....and therein lies the problem of guarantee wording and intent. What is so ridiculous about this confusion is that the problem is totally avoidable!
Here in the United States, The Orthopedic Foundation for Animals (OFA) has clearly described the varying categories of hip joint formation. These descriptions range from no evidence of dysplasia (those eligible for OFA certification) through those that are identifiably dysplastic (not eligible for certification). There is no confusion regarding what the words "Excellent, Good, Fair, Borderline, Mild, or Severe" mean or describe!
In Germany, the categories eligible for the "a" stamp (required for breeding) are unfortunately far less stringent and far more confusing! Most Americans are totally unaware that only the category "normal" describes no evidence of dysplasia. The category "fast normal" describes "almost normal, but with suspicion of dysplasia," and "noch zugelassen" describes "still allowable, with light dysplasia."
In any case, since Standards do exist (OFA and SV), it's only reasonable and prudent to utilize those Standards it in writing guarantees. Whether the breeder feels that a dog has to be severely dysplastic (in pain, unable to walk, or radiographically ‘severe') before he considers its condition detrimental to the breed and therefore replaceable, or if the least radiographic evidence of hip dysplasia is enough to turn him off, then the wording of his guarantee will tell a buyer (and the dog world in general) a great deal about him as a breeder/seller. His guarantee will reflect HIS personal values and standards!
Ignore (for the moment) the fact that MOST guarantees are offered ONLY to ONE year of age, and under the USA-SV-WUSV rules breeding can only take place after 20 months for females and 24 months for males. Using hip dysplasia guarantees from several sales contracts I have gathered as examples, what do YOU think the following guarantees mean? How do you think a judge would find? Based on what?
1. "...if the dog
is found to be severely dysplastic at one year...."
2. "To be free
of crippling hip dysplasia to one year of age."
3. "...replaced
to 1 year of age for OFA 'Borderline' hip dysplasia, or "a" stamped 'noch
zugelassen'."
In purely legal terms and in a court of law, guarantee number 1 could require absolute radiographic evidence of "severe" grade HD before replacement could be legally demanded and enforced! Any diagnosis less than "severe" would render the guarantee unenforceable. If you had paid a good price for a good quality show/working prospect, a dog exhibiting any degree of HD by the early age of 1 year is a severe detriment to the Breed AND your breeding program. In essence, unless your personal philosophy is such that a "little thing" like HD won't really make much difference, this guarantee is not going to do you any good.
In many ways guarantee number 2 can present more problems than the first. The term "crippling" is so vague as to be meaningless! Some dogs with only the slightest degree of hip dysplasia can experience great pain and discomfort to the point of not wanting to move, thereby being "crippled." Others with radiographic evidence of "severe" dysplasia exhibit no signs of discomfort or movement alteration, and do not appear "crippled." In a court of law, how is "crippling Hip dysplasia" to be defined? The reality is that all hip dysplasia is "crippling," given the dog's full natural life span to completely develop.
Only guarantee number 3 is completely specific and will stand uncontested in any court of law. The wording does not allow for misinterpretation. In offering such a guarantee, the category (in this example "Borderline") chosen as the criterion for replacement clearly demonstrates the breeder's personal philosophy concerning the importance he places on eliminating HD in the breed. The guarantee requires OFA determination (written consultation report) or SV assignment to the "a" stamp category he has specified as replaceable, and by doing so eliminates any misunderstanding or conflicting buyer/seller veterinary evaluations.
It's time to take a look at guarantees - those we are given when we purchase a dog, and those we offer when we sell dogs of our own breedings. The time to be perfectly clear on what a guarantee means is before a problem arises - not after! Using definitions standard to the subject will go a long way towards such clarification. Good contracts and clear guarantees make for good relationships and reputations.