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by Bobbie Impellizzeri © November 1998 |
In most of the cases described to me (and the incidents and statistical information was verified), in spite of a guarantee - the Seller made no attempt to replace the dog, period. Even repeated entreaties and appeal to the various Parent or Registering clubs brought no assistance or resolution of the problem. In a few other cases, FINALLY (after 2 to 4 years), a replacement was actually made. Sadly, many replacement dogs were of pet (or inferior) quality, while the original purchase (and price paid) had been show quality.
While my previous "Guarantee" article was intended to clarify and simplify a legal situation, my original research had been based on the premise that we American breeders were merely following the German practice (as we had attempted to do in many other areas) of offering guarantees. Since then, I lived another 2-plus years in Germany and specifically looked into the issue of guarantees offered there. In discussions with numerous well-known and famous German breeders, I was unable to find any who offer guarantees on puppy sales! (Or even contracts, but that's a subject for another article.)
I think it fair to say that for the most part, American breeders truly believe (and operate on this optimism) that with intelligent selection of breeding partners, the resulting product (puppies) will be as intended. We assume we have viable products - show or working prospects with certifiable hips and elbows, correct dentition, two descended testicles, and erect ears. We sell those 8-14 week old products at VERY LARGE prices ($750 to $2,750 or more) BASED ON THAT ASSUMPTION....But, just to cover all bases, we throw in a guarantee that IF, by one year, those assumptions are proved false, we'll do "something" about it! Whether it's intended or not, what these guarantees are saying is this: I think I know what I'm doing, and I hope everything turns out okay, BUT I expect the buyer to take the risk that it will, and to PAY to take that risk....
On the other hand, German breeders don't assume anything about young puppies and therefore guaranteeing outcomes doesn't even come into question! Total pragmatists, the German method of selling 8-14 week old puppies with no guarantees essentially tells you this: The breeder thinks he knows what he's doing and hopes everything turns out okay, but - well aware of the random sorting of genes - he doesn't expect the buyer to take (or pay for) the risk. He's willing to curtail immediate financial profit (puppy prices average 800-1000 DM) and take the risks himself, knowing he will benefit five to ten times over in sales price IF that same puppy IS proven a truly viable product at 6-7 months of age.
As Americans, we live in a "consumer" society where it is considered normal to be offered a guarantee on every product or service. We take for granted the premise that guarantees mean if something goes wrong with the product, we will IMMEDIATELY (or within a few weeks) get another one "just like it." That premise rests on a "production line" scenario...envision a conveyor belt efficiently whizzing along, and the end result being these identical products. All that is needed is for someone to grab a replacement item off the line, hand it to us, and we happily drive off into the sunset!
Unfortunately, the scenario doesn't play. Several problems show themselves immediately when one tries to envision the immediate (or within a short time) replacement of a living entity. A German Shepherd Dog breeder is NOT a "production line manufacturer" - rather, he should not be - that's "Puppy-Milling!" - and a German Shepherd Dog is NOT a toaster, or a camera, or anything else that can be easily replicated, much less duplicated. Therein lies the major problem with offering, accepting, or fulfilling guarantees...Unless the breeder is a "Puppy-Mill" with a constant supply of replacement pups, the likelihood of immediate replacement is nil.
The pure fact of this reality seldom crosses the average Buyer's mind, and herein lies buried the most frequent "bone of contention" in guarantee disputes; the Buyer's unrealistic expectation of quick replacement, and the Seller's over-optimistic assumption that he'll never have to replace a puppy, or his patently insincere guarantee to do so... Even a truly conscientious breeder (yes, they do exist) with several bitches to breed, who tries to match the replacement dog's quality, personality, structure, sex and pedigree to that of the original dog, is realistically going to be very hard pressed to do so within six to eighteen months. For a buyer with an established kennel and several dogs old enough to campaign, such a wait may have no discernible negative effects. But evidence indicates that most sales are made to Novice buyers eager to get into showing or training.
For a Novice buyer needing a replacement for his one-and-only show prospect (or already-winning-dog on which he has spent MUCH money, time, training, love, devotion), waiting six to eighteen months can bring his activities and future in dogs to a screeching halt. While such a wait may be grudgingly acceptable, it is certainly not desirable. Yet even with the best of guarantees and the most honorable breeder's intentions, that's usually the situation.
The seller of a guaranteed puppy has the burden of responsibility to find or create reasonable and timely solutions to problems created by his "products." Whatever the solution, it should be for the convenience and satisfaction of the buyer; not for the seller. Unfortunately, most of the mail I received outlining problems in getting replacement pups on guarantees describe the sellers' complete lack of concern for such matters. The sellers had the use of the buyers' money (for between 1 and 4 years) AND had also avoided any expense, care or upkeep of the sold pups for that time. Yet when asked to fulfill their guarantees, the prevailing attitude demonstrated the following:
A. Replacement is put off as long as possible; a case of, "When I get around to it." The seller already has that buyer's money; he can get more by selling a puppy to a new prospect.
B. The seller knows there's always the chance that the buyer will be too attached to the dog to give it up; OR, that the buyer will realize he has already spent so much time, energy, effort and money that he won't want the dog replaced with another puppy, only to start over again!
C. The seller often attempts to convince the buyer to keep the dysplastic dog; rationalizing that by breeding to an OFA certified partner, improvement ("upgrading") of hips in the progeny will result.
D. The seller hopes the buyer will realize that (and in fact may stress the fact), even if the dog is replaced, he may still wind up with another dysplastic dog a year later, and therefore won't be too inclined to insist on a replacement.
E. The seller knows he will not run afoul of the USA, GSDCA, or AKC should a dispute arise. If pressed, he can always say he intends to fulfill the guarantee; he's just waiting for a suitable replacement.
F. The seller relies both on the buyer's tendency not to "rock the boat," and on the same "closed-mouth" attitude among colleagues (prevailing in many professions) to keep any buyer complaints from really doing his reputation much damage.
G. The seller feels that if he balks, hedges, promises, and procrastinates long enough, the disgusted buyer may drop his pursuit of the replacement.
In essence, the above described business practices completely negate the intent behind, and protection promised by, the offering of guarantees. It also demonstrates a philosophy of stated values diametrically opposed to the reality of practiced values. The German business practice much more closely approximates a demonstrable similarity in stated values and practiced values.
Offering no guarantees of any kind, German breeders:
A. Select and keep the puppies (usually two) they think are the top specimens in the litter. No German breeder worth his salt would jeopardize the future of his breeding program by letting the best prospects out of his hands; certainly not for something so trivial as immediate money.
B. Knowing full well things might go wrong and that ANYTHING can happen, they then sell the remaining 8-14 week old puppies at VERY REASONABLE prices (DM 800 - to DM 1,200) - OR -
C. They enlist the aid of "colleagues," friends, partners, or even farmers, in keeping and caring for ALL the best puppies until they are between 6 months and a year old, at which time hips can be x-rayed and much more precise evaluations of the desired qualities of each youngster can be made. This method is preferred in cases of exceptionally good, uniform litters. Farmers or friends are "paid" for this service by receiving a "pet" or "working" quality puppy at no charge, and colleagues or partners usually receive the second or third "pick" puppy at no charge.
D. Once preliminary x-rays (after 6 months of age) indicate probable certification, or hips are certified (after 1 year of age), and evaluations of temperament, drive, movement, etc. determine quality and "best use," VERY LARGE (but now appropriate) prices are charged. Bona fide "Super Stars" are still not usually sold at this time. The breeder trains and shows these "Stars," and AFTER achieving high ratings in several Specialty Shows, the dog is priced accordingly.
It is interesting to note that Americans believe Germans are completely unreasonable in charging astronomically high prices for their dogs (from $10,000 to $120,000 for adult top dogs sold to America and other countries, or the high prices importers/agents/middlemen charge for sales of young dogs to Americans). Yet Germans believe Americans are completely crazy to pay such high prices for puppies! In Germany, no buyer is ever expected to take the high financial risk of buying a young "pig in a poke," and certainly would not do so. But once the breeder has eliminated most, or all, of those risks, he's entitled to be paid for having done so.
The examination of motivations behind the development and use of guarantees in the U.S. points to another problem. In America, breeders and owners are over-anxious to get their dogs into the show ring. If the dog isn't "finished" by the time it's two years old, it might be assumed there was "something wrong" with it! Yet, no one in his right mind should be interested in spending thousands of dollars showing a puppy/young dog when the very real possibility exists that serious genetic problems may show themselves somewhere down the line....Hence the American development of the "guarantee" to encourage the buyer to take the financial risks and to show said youngsters.
If Americans followed the German example of selling 8-14 week old puppies at essentially pet prices, and practiced their method of retaining the best prospects until after hip and elbow x-raying, teeth all in, testicles descended, ears up, and THEN selling at well-deserved big prices, there would be a significant and immediate decrease in hip and elbow dysplasia litigation, and certainly no need for guarantees. In the truly competitive "Big League," there would also be no untested (proof of temperament) dogs, or dogs with uncertified hips or elbows being used for breeding.
Upon reflection - particularly in light of what is proving to be an enormous body of people dissatisfied with worthless guarantees - perhaps it's not "guarantees" with which we should be concerning ourselves, but rather the philosophy and business practices that force us to need and use guarantees........