Given wrong gender birds

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Christine38

Member
12 July 2020
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0
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So I have a question. I recently bought some quail with the purpose of having quail eggs. I specifically bought female quail because males are not very good at laying eggs.
Yesterday I went to pick them up (about an hour and a half drive away). When I got them home I put them in their enclosure and noted that half were actually male.
Having male quail is going to cause me significant cost as I will need to put them in a separate enclosure away from the girls, and obviously they will not produce any eggs. It will also cost me time every day of having to clean 2 encloures rather than one.
Now my question, the idea of giving these boys back is not practicable for me firstly because I have to drive 3hours (1.5hours there and then back) and also I expect the boys will be killed and I would feel bad now that they are in my care giving them back to someone who will make them dinner.
So my question is can I ask for a refund for the male quail without giving them back.
 

Atticus

Well-Known Member
6 February 2019
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So my question is can I ask for a refund for the male quail without giving them back.
You can ask. They can say no ....

May have been an honest mistake on their part ... If it were me, I would call, tell them the error & see if they agree to meet half way with females to exchange for the males ..... If you know how to sex them, do it at changeover... If worrying about what happens to the males after handing them back is your issue, then I think you are going to have to keep them or sell them yourself to someone looking for males
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
So my question is can I ask for a refund for the male quail without giving them back.
I would think not. Certainly not as of right.

You may be able to negotiate replacement birds.
And they can choose to either require you to return the "wrong birds", or let you keep them,
but that's they choice to make.

Look, this might all simply be a mistake on their part.
Or, yes, it might be a deliberate attempt to stiff you.

Either way, if you're dealing with a pro-breeder, then this is a simple Australian Consumer Law question.
Quite simply - you are entitled to receive, and they are required to provide,
what you ordered and paid for.

If you find it hard to exercise that entitlement (such as because of distance, or guilt)
then that's your choice to make.