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ElainaS · 04-05-2011, 03:04 PM

Firstly, if you don't want me to use your name (tho you are verbally slandering me all over the internet) that is fine, you can remain anonymous. But since you posted your name and contact email online in your post to the complaint board, I didn't think it would matter. But not a problem. I will delete them where necessary.

The bottom line is Elvis apparently has epilepsy and was purchased by me and resold to you and several months later starting having seizures. You also now say he has arthritis which is new to me and never mentioned until reading these posts and certainly not included in any of your vet records sent to me or any of your emails. The whole matter would have been resolved had you followed through by sending all your vet records and final diagnosis which was all i asked and all required of the health guarantee, and was asking only the bare minimums of the those requirements. This is standard practice to follow some protocol in these issues.

I can only think that since the situation was not resolved to your favor, you are a woman scorned. You appear to be quite unscrupulous in your resolve to make your point, BY ANY means necessary. You have so so many outright lies at this point that I find it hard (or perhaps pointless) to defend myself as you obviously don't play fair. But I can only do my best to make my point as well. Clearly it is your intent to portray me as a irresponsible breeder, puppymill, or what have you...but I can only say that I have spent many years doing all I can to be anything but. Granted I am a small hobby breeder and have never claimed to be anything else, but I care deeply for my animals and take great offense at the intentionaly mistruths. I DO NOT show and never have claimed to as you keep saying i do. I do not have puppies listed stating Elvis was the stud as you said in your other post, nor do i have 7-12 litters per year or whatever you said, nor did I ever send you pics of mommies and puppies in cages, this is an outright lie as well, as well as the numerous complaints with AKC (only 1 in all my years which involved a voluntary withdraw of records by my own assertion, I'd say thats a pretty good record). Stating that you sent me 3 medical records but it was actually 1 and 1 phone consult for a future appt does not make 3. LIE. Stating I told you to send him back at your own expense so my vet could examine him. NEVER HAPPENED. Doesn't make sense. Stating you have copies of my petfinder ads and all the changes i made? I have NEVER used Petfinder only Puppyfind and I also copies of those ads as well and only change was price reduction, which you received. I understand your wanting to make a point but when you intentionally lie and make up facts to strengthen your argument, you belittle yourself. I can only hope that this is not the example you are setting for your children. I have also spent years cultivating my relationships with my buyers and have many repeat customers and happy pet owners that would beg to differ.

******
Truth is:

I purchased Elvis, he grew to be much larger than I wanted
I sold Elvis, You purchased him
He arrived and on vet check did had whipworms (fairly common in kennel and easily erradicated but he apparently did have them)
Several months later he began to have seizures and was later believed to have Epilepsy
You emailed me, we corresponded, discussed the Health Guarantee
Received initial vet visit (no formal diagnosis at this point) Referral to specialist (you emailed you had a phone consultation) and after several months would have further testing.
At this point, shipping of new puppy cancelled and I requested further information before shipping you a new puppy (and you would also be keeping Elvis as requested). I instead opted to refund your $300 shipping fee sent on new puppy you were expecteding and give you a partial refund on the price of Elvis' purchase.
You were disappointed and subsequently threatened litigation.
********

I then referred to our health agreement and noted the number of items that I had not demanded or required but reaffirmed that at the least did need a formal Diagnosis before shipping a new pup from DE to CA based on information received thus far. This was our final email which i have posted below.
__________________________________________________ ____
To

From:Elaina Shelborne (elainas@hotmail.com)Sent:Thu 4/22/10 7:24 AMTo: @hotmail.com

.ExternalClass .ecxhmmessage P{padding:0px;}.ExternalClass body.ecxhmmessage{font-size:10pt;font-family:Verdana;}
(Your name here)...again this is what I was told. Please feel free to contact your vets office and verify everything I have said. If you feel you need to threaten me with litigation, please feel free. You mentioned that UCD told you to monitor him, etc. which the tech read from the notes you had contacted them on the 29th which I stated. This is as much as I know. I too have all my emails correspondence and know exactly what my health guarantee states. I have not distanced myself from this situation which was my whole point. As far as my legal obligations drawn out by my health guarantee let me point out a number of points since you bring it up. My conversation to you was aside from the health guarantee but more of pet owner to pet owner.

As for the contract it states a number of things, lets address them:

1. Determination of what constitutes a hereditary defect is to be a unanimous agreement of two (2) veterinarians agreeable to both parties. Costs of the opinions are to be assumed by the buyer. A condition not yet met nor did I require, until now since you want to threaten litigation, lets follow protocol.

2. The dog is sold as a companion and is not guaranteed for breeding purposes. The listing clearly listed him as being sold as pet companion only.

3. In cases where the owner wants to keep the defective pup, a mutually acceptable adjustment will be made in the purchase price. You stated you wanted to keep Elvis which was fine and I offered you a free pup as well, above and beyond any details of the contract or health guarantee, and not in any way obligated to do, before deciding this was not the best course of action for all involved for reasons I've explained.

4. If the new owners veterinarian and the breeders’ veterinarian agree that the illness is shown to originate with the breeder, (which is not me, and technically if it were, has not been proven to originate with the breeder) the above guarantee applies. (Parvovirus or Distemper would be examples).

The Owner's sole remedy is under the warranty provision of this contract and the BREEDER disclaims and will not be liable for any other damages including consequential damages, property damage, emotional distress, business interruption or veterinary fees, etc., unless specifically set forth in this warranty provision. Self-explanatory.

This is the health guarantee. So, I am sorry you feel the $250 is not sufficient to settle the matter..this is fine. So we will follow the health guarantee by the letter and after you have satisfied item #1 of the guarantee, we will address item #3..since I think at this junction we are choosing to do things by the written word...or it is your choice, litigate. Whatever you choose to do is fine with.

Elaina

__________________________________________________ ________

I don't think I was out of line..and certainly didn't respond well to the ensuing threats and mention of copies of emails and taping of our phone conversations, etc that you would use to sue me..At this point, yes, I did lose interest in dealing with you in all honesty.

And you keep saying i tried to scam you by not honoring the health agreement because i was not the original breeder which voided the contract and therefore I was SNEAKY SNEAKY SNEAKY..I NEVER denied you the contract or any resolution from it. In fact, I worked with you on every detail of it and was quite lax on most points of it. If I had been scamming you on the guarantee why where you bothering to me send me medical records and emails etc..if i blew you off by saying i wasn't the breeder and therefore the guarantee was VOID?? If I was using the disclaimer of not being the orig breeder I would have have been working with you at all or corresponding for weeks and months when I could have simply said NOT MY DOG..I NEVER did that to you.

You were to send documents and even out last email said that if got the documents to send them and we could resolve (even after you nasty email about seeking ligitation should i not follow through based on the information you had given me). In the meantime, you were refunded your shipping fee (sent on the new pup you were initially expecting) and a partial refund (1/2 his cost) on Elvis. And the new pup (the one you claim I talked you into accepting but you didn't really want??) would be furnished when you sent the final diagnosis and medical work on Elvis. I could not see how to be any fairer than this.

04-05-2011, 03:04 PM	#57
ElainaS Yorkie Talker Join Date: Apr 2011 Location: Ellendale DE US Posts: 14	To ConcreteGurl from Elaina Firstly, if you don't want me to use your name (tho you are verbally slandering me all over the internet) that is fine, you can remain anonymous. But since you posted your name and contact email online in your post to the complaint board, I didn't think it would matter. But not a problem. I will delete them where necessary. The bottom line is Elvis apparently has epilepsy and was purchased by me and resold to you and several months later starting having seizures. You also now say he has arthritis which is new to me and never mentioned until reading these posts and certainly not included in any of your vet records sent to me or any of your emails. The whole matter would have been resolved had you followed through by sending all your vet records and final diagnosis which was all i asked and all required of the health guarantee, and was asking only the bare minimums of the those requirements. This is standard practice to follow some protocol in these issues. I can only think that since the situation was not resolved to your favor, you are a woman scorned. You appear to be quite unscrupulous in your resolve to make your point, BY ANY means necessary. You have so so many outright lies at this point that I find it hard (or perhaps pointless) to defend myself as you obviously don't play fair. But I can only do my best to make my point as well. Clearly it is your intent to portray me as a irresponsible breeder, puppymill, or what have you...but I can only say that I have spent many years doing all I can to be anything but. Granted I am a small hobby breeder and have never claimed to be anything else, but I care deeply for my animals and take great offense at the intentionaly mistruths. I DO NOT show and never have claimed to as you keep saying i do. I do not have puppies listed stating Elvis was the stud as you said in your other post, nor do i have 7-12 litters per year or whatever you said, nor did I ever send you pics of mommies and puppies in cages, this is an outright lie as well, as well as the numerous complaints with AKC (only 1 in all my years which involved a voluntary withdraw of records by my own assertion, I'd say thats a pretty good record). Stating that you sent me 3 medical records but it was actually 1 and 1 phone consult for a future appt does not make 3. LIE. Stating I told you to send him back at your own expense so my vet could examine him. NEVER HAPPENED. Doesn't make sense. Stating you have copies of my petfinder ads and all the changes i made? I have NEVER used Petfinder only Puppyfind and I also copies of those ads as well and only change was price reduction, which you received. I understand your wanting to make a point but when you intentionally lie and make up facts to strengthen your argument, you belittle yourself. I can only hope that this is not the example you are setting for your children. I have also spent years cultivating my relationships with my buyers and have many repeat customers and happy pet owners that would beg to differ. **** Truth is: I purchased Elvis, he grew to be much larger than I wanted I sold Elvis, You purchased him He arrived and on vet check did had whipworms (fairly common in kennel and easily erradicated but he apparently did have them) Several months later he began to have seizures and was later believed to have Epilepsy You emailed me, we corresponded, discussed the Health Guarantee Received initial vet visit (no formal diagnosis at this point) Referral to specialist (you emailed you had a phone consultation) and after several months would have further testing. At this point, shipping of new puppy cancelled and I requested further information before shipping you a new puppy (and you would also be keeping Elvis as requested). I instead opted to refund your $300 shipping fee sent on new puppy you were expecteding and give you a partial refund on the price of Elvis' purchase. You were disappointed and subsequently threatened litigation. **** I then referred to our health agreement and noted the number of items that I had not demanded or required but reaffirmed that at the least did need a formal Diagnosis before shipping a new pup from DE to CA based on information received thus far. This was our final email which i have posted below. __________________________________________________ ____ To From:Elaina Shelborne (elainas@hotmail.com)Sent:Thu 4/22/10 7:24 AMTo: @hotmail.com .ExternalClass .ecxhmmessage P{padding:0px;}.ExternalClass body.ecxhmmessage{font-size:10pt;font-family:Verdana;} (Your name here)...again this is what I was told. Please feel free to contact your vets office and verify everything I have said. If you feel you need to threaten me with litigation, please feel free. You mentioned that UCD told you to monitor him, etc. which the tech read from the notes you had contacted them on the 29th which I stated. This is as much as I know. I too have all my emails correspondence and know exactly what my health guarantee states. I have not distanced myself from this situation which was my whole point. As far as my legal obligations drawn out by my health guarantee let me point out a number of points since you bring it up. My conversation to you was aside from the health guarantee but more of pet owner to pet owner. As for the contract it states a number of things, lets address them: 1. Determination of what constitutes a hereditary defect is to be a unanimous agreement of two (2) veterinarians agreeable to both parties. Costs of the opinions are to be assumed by the buyer. A condition not yet met nor did I require, until now since you want to threaten litigation, lets follow protocol. 2. The dog is sold as a companion and is not guaranteed for breeding purposes. The listing clearly listed him as being sold as pet companion only. 3. In cases where the owner wants to keep the defective pup, a mutually acceptable adjustment will be made in the purchase price. You stated you wanted to keep Elvis which was fine and I offered you a free pup as well, above and beyond any details of the contract or health guarantee, and not in any way obligated to do, before deciding this was not the best course of action for all involved for reasons I've explained. 4. If the new owners veterinarian and the breeders’ veterinarian agree that the illness is shown to originate with the breeder, (which is not me, and technically if it were, has not been proven to originate with the breeder) the above guarantee applies. (Parvovirus or Distemper would be examples). The Owner's sole remedy is under the warranty provision of this contract and the BREEDER disclaims and will not be liable for any other damages including consequential damages, property damage, emotional distress, business interruption or veterinary fees, etc., unless specifically set forth in this warranty provision. Self-explanatory.** This is the health guarantee. So, I am sorry you feel the $250 is not sufficient to settle the matter..this is fine. So we will follow the health guarantee by the letter and after you have satisfied item #1 of the guarantee, we will address item #3..since I think at this junction we are choosing to do things by the written word...or it is your choice, litigate. Whatever you choose to do is fine with. Elaina __________________________________________________ ________ I don't think I was out of line..and certainly didn't respond well to the ensuing threats and mention of copies of emails and taping of our phone conversations, etc that you would use to sue me..At this point, yes, I did lose interest in dealing with you in all honesty. And you keep saying i tried to scam you by not honoring the health agreement because i was not the original breeder which voided the contract and therefore I was SNEAKY SNEAKY SNEAKY..I NEVER denied you the contract or any resolution from it. In fact, I worked with you on every detail of it and was quite lax on most points of it. If I had been scamming you on the guarantee why where you bothering to me send me medical records and emails etc..if i blew you off by saying i wasn't the breeder and therefore the guarantee was VOID?? If I was using the disclaimer of not being the orig breeder I would have have been working with you at all or corresponding for weeks and months when I could have simply said NOT MY DOG..I NEVER did that to you. You were to send documents and even out last email said that if got the documents to send them and we could resolve (even after you nasty email about seeking ligitation should i not follow through based on the information you had given me). In the meantime, you were refunded your shipping fee (sent on the new pup you were initially expecting) and a partial refund (1/2 his cost) on Elvis. And the new pup (the one you claim I talked you into accepting but you didn't really want??) would be furnished when you sent the final diagnosis and medical work on Elvis. I could not see how to be any fairer than this.