Elite Kennels - Elite Kennels, Enyon, PA - trouble with purchase of two teacup Yorkshire terrier puppies

Posted on Monday, August 26th, 2002 at 12:00am CDT by 45871c39

Company: Elite Kennels

Category: Pets, Animals

I would like to file a formal complaint against Sarah Mackesy dba Elite Kennels 124 Belair Drive Enyon, PA 18403 My sister, Linda, and I purchased two teacup Yorkshire terrier puppies from Sarah based on her advertisement on the internet. The reason for my complaint is that I feel during our business transaction she misrepresented not only what was in her advertisement but another manufacturer's product she sells as well. I will address each of my concerns individually. Misrepresentation of Product for Sale – Purchase Negotiations Sarah's advertisement of June 4 stated that she had puppies available for $975 plus tax. My sister and I completed the paperwork she sent us to hold two puppies and sent a $600 deposit for each one on June 17th. After receiving our nonrefundable deposit, Sarah then sent us an invoice for the balance due (see enclosed Exhibit A). You will notice there is a ten percent discount applied for multiple puppy purchase and an additional fee for a year’s supply of TF* (Transfer Factor homeopathic powder) at $801.95. each. We were surprised but pleased to see the ten percent discount applied even though this hadn’t been previously discussed. However, nowhere in her advertisement, our prior conversations or application for purchase was it disclosed that TF* purchase was a condition of sale. I called Sarah immediately to find out what TF* was, why it was never mentioned to us and made it clear we couldn’t afford another $1600(TF + tx and shipping). She explained what the product was and how valuable she felt it was to the continued health of the puppies. Based on her sound conviction in this product and our eagerness to get the puppies, we agreed to a trial three month supply. She said she would send a revised invoice immediately because she wanted the balance of payment prior to the pickup date which was scheduled for July 13th. (see enclosed Exhibit B) This invoice shows that we lost the ten percent multiple puppy discount. When I called to question this, she told me that purchasing a puppy required us to purchase TF* and because we were not purchasing a year’s worth of this product she dropped the discount. We had several conversations trying to reach a mutually agreeable solution. During our phone conversations we verbally agreed to the invoice total based on emails exchanged. And yet, when the invoice arrived it was totally different. (see Exhibit C) During this time it was nearly impossible to reach her by phone and she frequently didn’t return emails for days even though we were held to her tight timing constraint for payment. Obviously, we wanted to clear up any misunderstandings as soon as possible. I tried one day for eight hours to reach her by phone to resolve an issue but her line was always busy. Misrepresentation of Product for Sale – Pickup Negotiations Our original pick-up date was July 13th. As that date neared,. We sent the balance due owed and made arrangements to pick them up on July 13th. On the evening of July 11th, she left a voice mail saying that Mylo needed an inoculation on July 13th and would have to spend three days at her clinic for observation. We were obviously upset at having to experience yet another delay in getting the puppies. Why wasn’t this discrepancy in shots uncovered in the prior two weeks? Why wasn’t this shot recorded on his medical history? (see Exhibit D) It is our belief that she was waiting for the money order we sent to clear her bank. She told us the money order was deposited on July 11th and her bank requires a three day hold. She had this money order in her possession from the prior week on July 5th. We had to alter our prearranged plans because, in Sarah’s own words, “one of her employees didn’t feel comfortable depositing the money order in her absence”. Our puppies were “in”conveniently ready for pick-up on Tuesday – three days later. I feel I was given false information regarding the delay in the pick-up agreement as well as Mylo’s medical records. Not to mention that she sent us a list of supplies that we would need ie. The food the puppy is eating etc... she wrote Iams puppy food, we go out and buy this, when we picked up the puppies they were not eating Iams they were eating Nutro Puppy. Misrepresentation of Product for Sale – Transfer Factor As stated above, we agreed to purchase a three month supply of TF* (1 month @ 60.42 and 2 months @ 121.??). What we received was two open bottles of the TF*- one containing 25 capsules and the other containing 15 capsules. For this were charged $181.25 in total. We were instructed to open the capsules and tap out some of powder and give it to the puppies. Because, Sarah didn’t provide any company literature with the product, I looked the company up on the intranet. I discovered that I could buy a sixty-count bottle of capsules for 50.95 which is the company’s recommended monthly dosage. I then contacted the company directly and spoke with Carlos, a company supervisor. He questioned why we were administering the opened human capsules to canines when canine powder is available at a monthly cost of 50.95. He said the company has no control over how there product is re-marketed but that a mark-up of 160% was extremely high. (See www.mdvventures.com/tfcanine.htm) or go direct to the company website www.4life.com What we are disputing is, 1) obviously the amount of product we received for the cost, and 2) why we were sold two opened bottles of human capsules containing a combined total of 40 capsules rather than three canisters of the canine transfer factor which according to the company represents a three month supply. Capsules are designed to be taken at one time. By separating them and tapping out some, we are not getting a measured dose or a consistent mix of the powder in the capsule. According to the companies Canine Complete administered directions: Add to food daily under 25lbs


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