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The seller makes his TOS to cover the length of time that they wished to be held responsible for sale. As a buyer you need to read the seller's TOS and figure out whether that TOS is acceptable to you. There is a level of risk for both the buyer and seller in any transaction. The TOS sets the levels which are acceptable to both parties.
So as a buyer that wants a life time guarantee on the animal's sex, ask for it in writing or find a seller that has that as a standard stipulation of the deal. If all (or large portion) of buyers demand certain conditions then the market will adapt to handle that demand.
I have an issue with the buyer deciding after the fact what a seller's TOS should be. I also have an issue with buyers that don't even look until after the purchase.
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