54-647 Recourse to remedies; purchaser; duties; notice to seller; remedies. - Nebraska Statutes

54-647. Recourse to remedies; purchaser; duties;notice to seller; remedies.(1) In order to have recourse to the remedies availableto purchasers under this section, a purchaser shall have the pet animal examinedby a licensed veterinarian within seven business days after delivery of thepet animal to the purchaser. The pet animal shall be declared unfit for saleand the purchaser may obtain one of the remedies listed in subsection (2)or (3) of this section if (a) during such examination, the veterinarian diagnosesthe pet animal with a serious health problem that the veterinarian believesexisted at the time of delivery of the pet animal to the purchaser or (b)within fifteen months after the date of birth of the pet animal, a veterinariandiagnoses the pet animal with a serious health problem or states in writingthat the pet animal has died from a serious health problem that the veterinarianbelieves existed at the time of delivery of the pet animal to the purchaser.(2) If a petanimal is diagnosed with a serious health problem under subsection (1) ofthis section, the purchaser shall notify the seller within two business daysafter the diagnosis and provide the seller with the name and telephone numberof the veterinarian or a copy of the veterinarian's report. After such notification,the purchaser may obtain one of the following remedies from the seller:(a) A refundof the full purchase price of the pet animal upon return of such pet animalto the seller;(b) An exchange for a pet animal of the purchaser's choice of equivalentvalue, if such pet animal is available, upon return of the pet animal, ifalive, to the seller; or(c) Reimbursement for reasonable veterinary fees, not to exceedthe full purchase price of the pet animal.(3) If a pet animal dies from a serioushealth problem as determined under subsection (1) of this section, the purchasershall notify the seller within two business days after receipt of the writtenstatement of the veterinarian by the purchaser and shall provide the sellerwith a copy of such written statement. After receipt of the written statementby the seller, the purchaser may obtain one of the following remedies fromthe seller:(a) A refund of the full purchase price of the pet animal; or(b) A pet animalof the purchaser's choice of equivalent value, if such pet animal is available,and reimbursement for reasonable veterinary fees not to exceed one-half ofthe full purchase price of the pet animal.(4) For purposes of this section, veterinaryfees shall be deemed reasonable if the service is appropriate for the diagnosisand treatment of the serious health problem and the cost of the service iscomparable to similar services provided by licensed veterinarians in closeproximity to the treating veterinarian. SourceLaws 2009, LB241, § 14.