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4039 posts

Uber Geek


# 214669 23-May-2017 12:24
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Note: this is posted with tongue partly in the cheek, but still interested in people's thoughts...


Back in early Feb we bought our two boys two female guinea pigs, described by the sales assistant as sisters.


Fast forward 3+ months to this morning, and my wife gets worried there's a mouse in their cage, only to find it's this:


Click to see full size


So clearly the "sisters" are not sisters (as gestation time is well below 100 days), and if they are indeed siblings what they've been up to is illegal amongst humans...


Now it looks like we'll need to get the girl/boy neutered.


But where does that leave us with the original purchase of the "goods" in terms of the retailer's obligations under the CGA?


Consumer's site describes that under the CGA goods must "match the description given in advertisements or sales brochures, or by the sales assistant". Clearly a fail in this case, as we expressly stated we required two females.


So what are the possible remedies for this fail?


A return of the goods for a full refund isn't terribly feasible, given the boys' and our attachment to both of the animals.


But what about the ability to "claim for any reasonably foreseeable extra loss that results from the initial problem"? Had the pet store got its sexing of animals correct we'd not have been facing the problem of having the baby to look after, nor the cost of around $100 for the neutering.


Is it worth requesting the pet shop to stump up (or at least contribute towards) this cost?



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2751 posts

Uber Geek

  # 1786633 23-May-2017 12:48
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I'm not a lawyer, but I would argue that you specifically requested 2 females so they couldn't breed. So in essence you asked for a pair of animals that couldn't breed. The product you received is faulty, as the pair you received can breed. I believe they should be fully liable for the repair costs to rectify the problem - in this case neutering the male.


EDIT: I think you get the choice of repair or replacement, and in this case you'll want repair.

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