puppy died, pet store giving me the run-around about warranty, time is running out!

[phyllis123]

first I'm in Maryland. I purchased a puppy from a pet store. It died a week later. It was under warranty for 2 years. The warranty stated that certain conditions be met in order for it to be enacted. I met all those conditions. It also states that a certificate from the vet showing the cause of loss be provided. I have all the paper work from the vet and the exact cause of loss could not be determined by the vet. The warranty states that the purchaser is eligible for a credit or refund but does not state specifically the conditions for either. The loss of this dog was emotionally stressing for myself and my 5 yr old daughter and I do not wish to have another dog at this time. I would like a refund. The pet store is refusing to provide me a refund because the exact cause of death could not be determined. I did all I possibly could (at my expense) to meet all the conditions of the warranty. The warranty does not state it needs the "exact" cause of loss. The vet was able to identify the symptoms that brought about the death but could not determine the cause overall. I have two questions:

1. Since the warranty did not state "exact" cause of loss, and to some level the cause of death is known, isn't that enough to satisfy the warranty regarding cause of death and thus qualify me for a refund? and
2. Regardless or whether I know the cause of death or not, the warranty does not specify the qualifications for refund or credit so shouldn't I be granted a refund if that is my choice?

Please respond ASAP. The time allotted to resolve this is 6 months and it's been 5 already. I waited so long on this because at first I was going to accept what the store was forcing on me. I made several trips and calls to the store to select another dog. But everytime there was a problem. Either they had no dogs I wanted within my credit purchase range. Or when they did have a dog I wanted and could afford, the manager was not there and all the other employee claimed they were not authorized to perform the store credit purchase. I even asked the manager to special order a dog for me which he agreed to do. But when the dog came in he did not notify me and he sold it to someone else!Unfortunately I did not document any of this but I know I made a sufficient attempt to solve this with the manager so at this point, if I have a good case, should I consider small claims court. I paid $735 for the dog.

 

[crager34]

Document - document - document. Your on the right track. Get all of your things together, follow the contact to the letter. The vets papers about the death should suffice as it's in a good faith effort to abid by the contract. Send it all in to the specified locatin via certified, return receipt mail. Let them know that they have about 15 business days to comply or further action will be taken. Again, follow the contract. If you show that you tried all of this and the warranty period runs out, you still have a possible case for relief, but you must be willing to move forward.