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Chris DeLay Stellar Constrictors sick lemon pastel

Paul Fisher

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I have never initiated a thread here or pasted information from other applications, e-mails, etc. so please have some patience with me if things don’t go to smoothly here. I’ve tried posting images, but had problems because my computer automatically saves all images as extensions of my image processing software and this website doesn’t recognize them as jpeg even though they are, so please bear with me as I work through this process.
I purchased a stunningly colored and patterned hatchling from Chris DeLay of Stellar Constrictors less than 2 weeks ago (received 7/19). The animal was very thin and weak upon receipt only weighing 35g (my digital scale has 2g resolution and would measure 34 or 36g I have stated 36g in some instances, 35g in others). It was also received at a body temperature measuring 61.8 (sometimes I state 61, sometimes 62) degrees at the airport due to close proximity of ice packs to the snake in the shipping box. I removed the ice packs at the airport and brought the snake home. I sent Mr. DeLay an e-mail that evening including photos that document the temperature of the animal at the airport and how thin it was. I also indicated that at 35g this was the smallest and thinnest BP I had ever seen. No, I did not specifically inquire the weight of the animal prior to purchase, but I believe a reputable seller should be very up-front about something as significant as the animal being approximately half the weight expected for an animal of this type. I will paste all of our e-mails in following posts. They will tell the story very accurately and unbiased. I was very optimistic, cooperative, and non-confrontational in early e-mail exchanges. I did what you are supposed to do with a new BP…I left it alone. I only disturbed it to introduce fuzzy mice on 2 evenings that week, then remove them the following mornings. It had been in a “juvie” sized tub (thermal gradient approx 83 to 90 deg with hides at each end) that I normally move my 4-6 week olds into after spending their first weeks in a more humid “shoe box”. Saturday 7/24 I decided to move it to the shoe-box size per Mr. DeLay’s recommendation and I used cypress mulch to up the humidity. This is when I discovered what poor condition the animal was truly in. Its head was wavering back and forth and it would fall over when it tried to raise its head more than 4 inches or so. My digital camera is capable of recording a 16 second movie clip so I took 2 clips of it moving and e-mailed them to Mr. DeLay. I believed the animal was going beyond the point of no return and did not believe it was dehydrated because I observed it drinking the night I received it and it had picked up a few grams in water weight so I assist fed it a fuzzy mouse. Mr. DeLay denies all responsibility for the health of the animal and refuses to accept return for refund. It may have been unsteady in its movement upon receipt, but I didn’t specifically note that and would have associated it with the stress of shipping an already weak animal. I will close this post and try to post the images I sent to Mr. DeLay the evening I received the snake. After posting the images, I will provide a complete veterinary report including the professional accolades of the veterinarian treating this snake. The veterinary exam revealed the underlying cause of the obvious malnutrition is central nervous system disorder, and that the animal is male and was sold as a female, thus I filed a claim with Paypal of consumer fraud. I will post all of our e-mail exchanges, and maybe later, contents and replies of a poll I posted on KS last week regarding this animal. Please be patient if you are reading this on Saturday. It may take awhile for me to get these up. Thank you.
Paul Fisher
 
Picture of snake in temp in bag at airport

The snake reacted to the disturbance by puffing itself up so does not appear thin in this limited view. (I hope this image comes up)
 

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Additional images sent to Mr. DeLay the night I received the snake

This image was taken when the snake was removed from the shipping container at home. This was sent to Mr. DeLay in an e-mail the night I received the snake. All e-mails well be posted as well.
 

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3rd picture taken the evening I received the snake

This image was also included in my e-mail to Mr. DeLay the night I received the snake.
 

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What were the terms/conditions of this deal? Was there any guarantee stated? How long if so? Was the sex guaranteed? If so, then the animal should be replaced if for no other reason than that. Now if you bought this animal w/o any guarantee(s) in place, i.e. "live arrival only," then sadly, you are out of luck. But, I would hope both parties would have addressed these issues before such a high-end animal transaction took place.
 
Veterinary report

Dr. Richard Funk: Bachelor of Science, with Distinction, in Zoology; Master of Arts in Zoology with thesis on herpetology; Doctorate of Veterinary Medicine. He has published extensively and lectures nationwide on exotic animal topics, particularly reptiles (I have noticed his works cited in my copy of “Understanding Reptile Parasites”). He is an active member of Association of Reptile and Amphibian Veterinarians, serving as: Secretary/Treasurer, President, member of editorial board, and program chairperson for the annual convention.
He is NOT just some vet who is willing to look at a snake!

During the exam, Dr. Funk sexed this “female” lemon pastel that I paid market price of $2,500 due to its outstanding color and pattern as a MALE! I watched him probe 6 scales deep on one side, then 8 on the other…back to first side 6 again, then 8 again on the other side. I was a little surprised at the gauge of the probe he was using, larger than I expected for such a small snake. Him: VERY experienced. Me: NOT very experienced. Due to the size of the probe being used and identical results upon repeat probing I am confident the probe was not entering the duct in the back of the female gland or rupturing through it. This animal is a MALE! Dr. Funk also mentioned sexing 2 other male pastel hatchlings last week for another client that were purchased as males with the same result of 8 scales deep. Here is the medical release:

“Your pet is being released from our hospital after medical/surgical care for NEUROLOGICAL PROBLEMS.

HOME TREATMENT
Isolate from other snakes for several months

FOOD AND WATER
Normal: May need assist-feeding as you’ve already done

RETURN TO HOSPITAL
If not improving

MEDICATION PRESCRIBED OR DISPENSED
Baytril (antibiotic) and Flagyl (kills anaerobic bacteria and some protozoan parasites)

COMMENTS
This beautiful snake is very thin and weak and seems to have a neurological disorder, with head and forebody swaying when extended or crawling. Snakes with “IBD” can show similar symptoms but this can be difficult to diagnose, as we’ve discussed, and if so can be infectious to other pythons and boas. In case this condition is caused by a bacterial or protozoal infection, we are hoping the Baytril and Flagyl will be helpful. Some snakes with IBD get progressively and slowly worse, and some will get to a level of disability and maintain at that level. There is no known treatment for IBD, and the best way to diagnose it is by sending the body in for a pathology examination at necropsy. I examined some urine expressed from the snake without seeing any protozoans in this sample.”
 
Reply for Brian

Live guarantee, proper sexing, etc were discussed on the phone prior to Paypal transaction, another opportunity I missed to ask him the weight of the animal but didn't really consider it because he stated the animal was feeding well for him. You will see more when I post the e-mails. The Paypal transaction clearly states the purchase is for a female lemon pastel ball python. This is the basis of my claim through Paypal.
 
OK here are our e-mails

I don't know if there is a limit to the size of a post, so I'll break them up into a few posts just in case.
Paul

Subject: Female lemon pastel
Date: 7/14/2004 7:03:56 PM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chris,
I almost messed up big-time! My first attempt to do the Paypal timed out because I was a little slow, haven't used it for awhile. So I tried again and typed faster. After I spoke to you I checked my e-mail and saw the receipt to [email protected]. I was able to cancel that payment and re-do it for [email protected]. Anyway, please reply to verify you received the payment and everything is in order. You have my address on the Paypal payment. My phone is:
Home *******
Work ********
Let me know what you find out about shipping to our wonderfully warm climate. Thanks Chris.
Sincerely,
Paul Fisher


Subject: Lemon pastel
Date: 7/14/2004 7:29:26 PM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chris,
If you get the chance, I'd like to get a picture of your male that produced this lemon pastel. My other Lemon is from Logan Enterprises and I have a picture of the sire, he's kept his yellow very well at over 3 yrs of age. Thanks Chris.
Sincerely,
Paul Fisher


Subject: Lemon pastel female
Date: 7/14/2004 11:20:44 PM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chris,
Are you quite confident that this is a NERD line Lemon Pastel? My 2003 NERD Lemon Pastel does show the faded head typical of most pastels. The animal you have advertised shows Lemon Pastel yellow, but if I recall, it has "classic jungle" head pattern and labials. You pulled the ad so fast, I haven't been able to review the photos. Does it also have the "classic jungle black mustache" or the white lips typical of pastels? Classic jungles can occur sporadically in any breeding project and can be striking individuals, the problem is that they do not hold their yellow color as they mature and they do not carry the co-dom pastel gene. In fact, their genetics is considered random and most breeders are no longer trying to prove the trait. I just want us to be clear on this up front. I don't want to spend $2,500 for a beautiful classic jungle. On the other hand, I will be thrilled to purchase an outstanding NERD line Lemon Pastel. Sorry for the tone of distrust in this message, it's just that without having photos to refer to, I'm having second thoughts and can't re-assure myself by reviewing the pictures! Thank you Chris.
Sincerely,
Paul Fisher


Subject: Re: Lemon pastel female
Date: 7/15/2004 6:11:33 AM US Mountain Standard Time
From: CaptiveBrd
Reply To:
To: Pasufisher

Paul,

Yes, I am very sure. The female pastel was produced from a NERD lemon line pastel male bred to a normal female. She does have a bit of black on her top lip, but doesn't have the faded head of a classic. As far as head patterns go I have produced Burmese, Balls, and rat snakes with several different head patterns. My partner (SNReptiles) and I are very confident she is a pastel. I have sent pictures of her to several ball python breeders whose exact words were "that's one of the nicest pastels I have seen." The last person I sent it to was Bob Clark and he said it's a nice pastel.

I am positive this female is a pastel. If you breed her and don't produce any pastels I will refund your money. If you're not confident in my company you can check all the reptile BOI's. I have NEVER had a negative complaint in the 10+ years I have been selling snakes. I have several references if you need them.

I have attached the photos from the ad and one of her father. Thanks.

Sincerely,
Chris DeLay
Stellar Constrictors


Subject: Re: Lemon pastel female
Date: 7/15/2004 8:36:07 AM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chris,
Thank you for your assurrance that she is a NERD Lemon line pastel. I can't help but to compare here to the striking "classic jungle" on the cover of the Ball Python Manual. As I understand from the "Snake Keepers" web site, that animal never proved out and the Sutherland's are no longer pursuing the project. I appreciate your willingness and confidence to stand behind her genetics. I don't need referrences. I believe you are being honest. I just wanted verify the sire is NERD Lemon pastel and for you reconsider the possibility that she's a stunning "classic". Since you've already pursued that, even through big-name breeders, please continue with the transaction. If none of her first 10 hatchlings are pastels, I would return her and ask for a refund. I sure hope we're both still doing this stuff in 2008! Thanks again Chris. Let me know what you find out about shipping her to Phoenix.
Sincerely,
Paul Fisher


Subject: Re: Lemon pastel female
Date: 7/15/2004 1:30:41 PM US Mountain Standard Time
From: CaptiveBrd
Reply To:
To: Pasufisher

Paul,

That sounds great. I'll contact NWA today and see what they can do about getting her to Phoenix. Thanks.

Sincerely,
Chris DeLay
Stellar Constrictors


In a message dated 7/19/2004 5:38:34 AM US Mountain Standard Time, CaptiveBrd writes:

Paul,

I dropped the pastel female off at 6AM this morning. She is due to arrive at your airport at 5:30PM. US Airways is the airline and she will be located at the cargo pick up area. I put her is a fairly large box and packed two large ice packs in with her to be safe.

I record my feeding logs on my computer so I printed off the pastel's for you. She is due to eat any day now; her last meal was a small hopper on Tuesday.

The airbill number is 037-18083435. The US Airways website is www.usairwayscargo.com. The phone number I have is 888-736-3738. Please advise when you receive the animal. Thank you!

Sincerely,
Chris DeLay
Stellar Constrictors
 
Subject: Re: Pastel Shipped
Date: 7/19/2004 10:30:26 PM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chris,
Actually, cargo sent us to pick her up at baggage claim, said it would take over an hour for them to get her to cargo, most of it outdoors at 110 in-the-shade. I told them we would be opening the package to photograph the animal for shipping insurance requirements, they said OK. 5 minutes after we got to baggage claim, the box arrived and there were no costomers in the tiny office. By the time I got the box open, and both bags untied, there were about 7 customers crammed in there. I took the temp and picture and nobody freaked out, mostly curious. Just lucky I guess. As you can see from the pics she arrived at about 62 deg body temp. This is absolutely the smallest and thinnest BP I have ever seen. Only 36 grams out of the shipping bag! I'll leave a 3-day old rat with her for about an hour, see if I get lucky. Otherwise, I'll bring home a live fuzzy mouse for her tomorrow. Here are some pics.
Sincerely,
Paul Fisher

At the airport immediately upon delivery.

(Image showing temperature reading)

Out of the shipping bag at home. Sure is thin!

(2 Images showing very thin conditions)


Subject: Re: Pastel Shipped
Date: 7/19/2004 11:35:55 PM US Mountain Standard Time
From: CaptiveBrd
Reply To:
To: Pasufisher
Paul,

I am very very sorry she was that cool. I didn't think the box temp would get near that cold! Especially going to Phoenix. Even the temperature here was toasty. I couldn't find any other airlines to ship because of the extreme temperature. Taking that into consideration I packed in two ice packs. I guess I overcompensated on the ice. Once again, I greatly apologize.

As far as her size goes, the eggs from her clutch were TINY. Actually the smallest babies I've hatched to date. The hatchlings ranged from 26-32 grams. She was 27 grams out of the egg. Below is a shot of the tiny eggs. They have all fed on live fuzzie and hopper mice at this time. She may take a rat pup; I haven't offered them any rats yet.

(picture of snake poking its head out of egg, nothing in picture for relative size comparison)

Sincerely,
Chris DeLay
Stellar Constrictors


Subject: Re: Pastel Shipped
Date: 7/20/2004 1:25:23 PM US Mountain Standard Time
From: CaptiveBrd
Reply To:
To: Pasufisher

In a message dated 7/20/04 10:32:39 AM Central Daylight Time, Pasufisher writes:

Wow Chris! How do you even sex them that small? How big was the female that layed those eggs? I'll bring home a fuzzy or hopper mouse this evening to try.
Sincerely,
Paul Fisher

Paul,

I am still able to pop them that small. I can pop corn snakes right out of the egg. Actually the female (mother to your female) was around 1,500 grams. Three years ago she laid 11 small eggs. This year she laid 6 TINY eggs. I had a 1,184 gram female lay 3 eggs this year that were twice as heavy as the 6 tiny ones. I'm not sure why she lays the small eggs, but they are dramatically smaller than average size and weight.

Sincerely,
Chris DeLay
Stellar Constrictors


In a message dated 7/21/04 11:03:18 AM Central Daylight Time, Pasufisher writes:

Hi Chris,
Normally I keep my hatchlings in shoe-box size Sterlites on slightly damp cypress mulch for the first 4-6 wks, then move them to 12qt. size on newspaper until they get around 500g. Since this animal has been feeding for 4 wks, I put her in the 12 qt. juvie Sterlite on newspaper. There are hides at 90deg and 83deg and several nooks between the hides/water dish/sides, on top of the hides, etc. I left 2 fuzzy mice in with her overnight, one roaming the cage and one contained in the warm hide (entry hole is about 1.5" from the bottom). She did not feed. How were you maintaining this animal? Do you think I should try to duplicate your set-up or just give her more time to settle in and try feeding again this weekend? I checked her temp when adding/removing the mice, she's keeping herself at 84-85 deg. Otherwise, I have not disturbed her. I'm worried because she looks so thin. I don't have experience with such a tiny hatchling. My breeding female produces eggs over 100g and fat hatchlings around 80g. Thanks Chris.
Sincerely,
Paul Fisher

Subject: Re: Pastel enclosure questions...didn't feed
Date: 7/21/2004 9:49:12 AM US Mountain Standard Time
From: CaptiveBrd
Reply To:
To: Pasufisher

Paul,

Her setup was a Rubbermaid shoe box with blue shop towels as substrate. The heat tape hot spot on the rack is 91. I feed the smaller hatchlings in deli cups with lids sometimes. I place the prey item in the cup with the snake, put the lid on the cup, and then put the cup inside the tub on the rack. I wouldn't worry about duplicating my setup exactly, but you may want to keep her in a smaller cage. I have always had babies feed better that were housed in smaller caging. I wouldn't worry about trying every day. I would try every other day or so until she get settled in. She was eating well here. Below is a pic of my baby rack.

(probably the wrong picture, close-up of a couple of baby retics in a shoe-box)

Sincerely,
Chris DeLay
Stellar Constrictors


Subject: (no subject)
Date: 7/21/2004 2:19:30 PM US Mountain Standard Time
From: CaptiveBrd
Reply To:
To: Pasufisher

Paul,

This is a shot of one of my hatchling racks. Simple, with disposable plastic deli cups for water bowls and thick shop towels for substrate.

(picture of a shoebox rack set-up)

Thanks,
Chris
 
Sorry Brian but I completely disagree. I've had this argument with people before. Just because you don't ask every possible question doesn't mean a seller should have the right to unload a sick animal on you. I guess if Paul didn't ask if the animal had IBD then it would be ok to send him an animal with IBD?? Of course the obvious questions should be gone over but if he was told it was a healthy animal that was feeding well why would he inquire about its weight? Weight isn't an issue with a healthy animal.

It's the sellers job and responsibility to make the buyer aware of any and all problems with the animal. That poor pastel looks like it is on deaths door. I feel terrible for the animal and just as bad for Paul. Any decent person would not send out an animal in that condition. I am absolutely stunned that a known breeder would sell an animal looking that bad.

Best of luck getting your money back Paul. Keep that thing away from your other animals, you never know what it may have.
 
Subject: Lemon not doing well. Message 1
Date: 7/24/2004 3:59:52 PM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chris,
I have left the animal mostly undisturbed with the exception of adding and removing fuzzy mice for a few feeding attempts. I decided to move it to a smaller container as you suggested, but use the hides and cypress mulch method that I use for my hatchlings. Upon handling the animal, I discovered it appears to be in an extremely weakened state. It appeared emaciated upon receipt as evidenced in the photo's I sent you when I received the animal. I am attaching a photo taken in the larger enclosure that also shows the very thin appearance of the snake. The concern that leads me to believe the snake is very weak is its incredibly unsteady head movement, wavering back and forth a few inches continually as the animal moves. I am attaching a "Quick Time" movie that shows the unsteady head movement. If you don't have "Quick Time" player on your computer, I believe it can be downloaded for free. I will send a 2nd e-mail with another clip of the animal (I don't want the e-mail to get rejected for file size being too big). Based upon the weakened condition of the animal, I "assist-fed" it a fuzzy mouse. If the animal doesn't seem to improve in 4 days, I will be requesting to return it for a refund. I have remained cooperative and non-confrontational about this situation. I was hoping the animal would feed and turn into a healthy snake. I am greatly disappointed that you did not inform me prior to purchase of it's abnormally small size. This animal would be considered a "runt" at only 35 grams when normal ball python hatchlings are 60 to 80 grams. Yet no mention of the size was made and the animal was sold at market price of healthy, normal sized female lemon pastel hatchling. Another e-mail should arrive with 2nd movie clip.
Sincerely,
Paul Fisher


Subject: Lemon Message 2
Date: 7/24/2004 4:44:24 PM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chris,
Here's the second movie clip. Hope you're not on dial-up like me. 20 minutes to send!
Paul


Subject: Re: Lemon not doing well. Message 1
Date: 7/25/2004 7:49:56 PM US Mountain Standard Time
From: CaptiveBrd
Reply To:
To: Pasufisher

Paul,

The animal was small, but was not a "runt." She was no smaller or larger than any of her siblings. The snake fed here four times and would have fed more. I have NEVER sold a snake before it was an established feeder, and I never will sale a snake before it feeds. How am I to know it didn't catch a disease from your collection? I'm certainly not implying it did, but there are always possibilities. I don't see how I could be responsible for a disease obtained while in your custody, which the snake certainly did not have when it was shipped out. You haven't been able to get the snake to feed and force fed the snake. Force feeding can lead to many problems and can even kill. You did this. However, I'm supposed to be at fault for any negative effects of your actions?

Please keep me informed and let me know how she does. I hope she feeds for you. It does strongly seem that you are implying that I ripped you off. I didn't do such a thing. The snake was feeding here. I'm not lying and wouldn't have survived in this business this long if I were.

Sincerely,
Chris DeLay
Stellar Constrictors


Subject: Re: Lemon not doing well. Message 1
Date: 7/26/2004 9:58:43 AM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chris,
I will retract my statement that she is a runt. I have since determined she is approximately 15 inches long, an acceptable length for a hatchling ball python. What she is and was upon delivery is extremely underweight. "I don't see how I could be responsible for a disease obtained while in your custody, which the snake certainly did not have when it was shipped out." I agree she could contract a disease asymptomatic to healthy animals in my collection and become symptomatic due to her poor condition. But it does not seem likely that the time between exposure, contraction, incubation, and becoming symptomatic would be less than 5 days. If the snake has a "disease" it most likely would have been carrying it prior to shipment, then become symptomatic due to the stresses and suppressed immune responses associated with shipment. By the way, the ice packs were removed and she was allowed to warm up from 61 degree body temperature to normal room temperature in the box and shipping bags over a period of several hours and not warmed up too quickly. I do not believe the snake is diseased. It was wasting away. "However, I'm supposed to be at fault for any negative effects of your actions?"
So far the "negative effects" of my actions are: The animal gained 5 grams (fuzzy mouse couldn't have been more than 2-3 grams), the animal produced ureates (no feces), and the wavering head movement seems to be subsiding. Yes, I chose to take the action of assist-feeding an emaciated snake that was in seriously declining health and it is responding positively. If I had not taken action when I did, I believe I would be sending you pictures of a corpse by the end of this week. I'm sure I could get her to a good reptile vet ASAP for a clinical diagnosis of emaciation even though she's been fed the fuzzy mouse. Will you claim clinical emaciation has occurred within the week I've had her? I'm not new to reptiles, ball pythons, or mail order transactions. I've been keeping reptiles for over 20 years. I had 11 BP's shipped to me last year, many of them hatchling, all of them fat and healthy. I've also hatched and raised my own. If the animal was feeding for you while in your care, you should have fed it more. A BP should be shipped at the peak of health so it can have time to acclimate and begin a normal feeding routine after the trauma of shipment and relocation. Less than 40 grams for a 15 inch, 1 month old ball python is not a healthy weight, and the animal should not have been sold in that condition. OK, so I didn't ask her weight and you didn't tell. Does that make it right? I stand behind my offer to take her to a reptile vet for evaluation and diagnosis. Dr. Richard Funk is in my area. I have observed his studies and works are referenced in published herp care books, he has around 20 years experience in reptiles, keeps ball pythons, he is very active in the Association of Reptile and Amphibian Veterinarians. I would consider his diagnosis irrefutable. I can call him today to arrange his next available appointment.
Sincerely,
Paul Fisher
 
Subject: Please read post on Kingsnake BP forum
Date: 7/26/2004 9:55:35 PM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chris,
Many of our peers involved in ball pythons have posted their views on our situation. Please read all of the posts. I hope this will give you a better feel for this situation and how patiently and reasonably I have been handling it. In addition I have received multiple personal e-mails offering to help, insisting that I provide your name, and even pleas not to send it back to you if I do get it healthy enough to ship. There are also many comments posted in the photo gallery with the picture. I have no choice but to put the time and effort into getting this snake healthy again, unless your terms involve returning it immediately, in which case it will likely arrive dead. I will pay for a vet visit and supplies required for treatment, as well as the return shipping cost. But I would like a full refund of the $2,500.00. Please read the feedback on the forum and let me know how you would like to proceed. I am not pleased that I now have to resort to this, but your refusal to work this out leaves me little option.
1. I can return the animal to you immediately for a refund of $2,500.00: Risk of death in shipping due to weak condition of animal, I get refund.
2. I can treat the animal per veterinary recommendation and return it for a refund of $2,500.00 when it is healthy enough to ship: Risk of animal death rather than recovery, I get refund.
3. I post every single one of our e-mails and pictures on the BOI as our peers are demanding and let them judge the situation for themselves: You can defend your practices publicly and bash mine. SNReptiles will be dragged into this as you indicated in a previous message that you are partners.
Please believe me, I truly wish this had worked out better. I find this situation very unsettling and do not enjoy doing what I am being forced to do to bring about a fair outcome.
Sincerely,
Paul Fisher


Subject: Re: Please read post on Kingsnake BP forum
Date: 7/27/2004 8:27:11 PM US Mountain Standard Time
From: CaptiveBrd
Reply To:
To: Pasufisher

Dear Paul:

I understand you think the snake is thin. The snake was definitely not that thin at the time of shipping. If you were not happy and absolutely wanted a refund you should have contacted me stating this within 48 hours of receiving the animal, which is pretty much the standard for the reptile industry.

Your "assist feeding" leaves me no choice but to say no to a refund simply because it puts undue stress on the animal. The snake had eaten fine four times in my care.

I'm sorry but I do not feel a refund is warranted after hearing what all the snake has been through while in your care. I wish you the best but that is all I can do for you.

Regards,
Chris DeLay
Stellar Constrictors


Subject: Re: Please read post on Kingsnake BP forum
Date: 7/27/2004 11:00:09 PM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd

Chirs,
"The snake was definitely not that thin at the time of shipping." I sent you those pictures the night I received the animal. It was that thin at time of shipping and receipt. I did contact you twice within 48 hours with my concerns that the animal was so thin. You insisted she was fine. I intervened to save the animal's life and expect the vet will recommend continued intervention to keep it alive. I have been more than fair in offering to attempt to bring the animal to a healthy condition and return it to you leaving you the opportunity to re-sell it, all at my own expense. I will be taking her to the vet tomorrow. If his diagnosis is undernourished, that condition can not occur in the short time I've had her. You have the pictures I sent you the evening I received the animal. You know how thin the animal was that you sent out. You have seen how our peers reacted to one of the pictures I sent you that night. If it was feeding under your care, shouldn't it have defecated by now? What goes in must come out...so far nothing but ureates. I will honor the unanimous demands of our peers on Kingsnake.com and post all of our e-mails on the BOI. You can stick to your 48 hour claim and blame me for everything. You have seen the public reaction on KS. Do you honestly think it will be received better on the BOI when you bash me for doing everything I could to work with you and keep this animal alive as well? This is the option you have chosen and I guess time will tell. I will compile all of our e-mail exchanges and post everything so we can be judged by a jury of our peers. It's the American way, but I hate this crap. I've got better things to do than spend hours engaged in a BOI conflict.
Sincerely,
Paul Fisher


Editorial Note: The following e-mail was sent to Mr. DeLay to accommodate my 2nd claim filed with Paypal. Initial claim was rejected because it was considered a complaint of the quality of the item received. I filed another claim that is based purely on consumer fraud, so health issues are not discussed. Mr. DeLay has made it clear that he disavows any responsibility for the health issues with the snake. He seems to consider all health issues a result of my actions. His reply above of 7/27 is the last reply I have received.


Subject: Lemon pastel "female"
Date: 7/29/2004 5:11:07 PM US Mountain Standard Time
From: Pasufisher
Reply To:
To: CaptiveBrd


Chis,
I took the animal to a widely respected and well-known herp veterinarian on 7/28/04. During the exam, the animal was sexed via "probing" technique. It probed 6 scales deep on one side and 8 scales deep on the other. This veterinarian is very experienced in sexing snakes including ball pythons via this technique. This is the best known method for sexing a ball python of this size and age and the results indicate the animal is a male. It was advertised by you and sold to me as a female. I am formally requesting to return the animal for refund of full purchase price of $2,500.00. I can have the veterinary record faxed to you if you would like. Thank you.
Sincerely,
Paul Fisher
 
The sellers terms are the sellers terms. If he agreed to them, case closed. If you don't like those terms, don't do business w/ this seller.


HOWEVER, this snake was CLEARLY sold as a female, and is CLEARLY a male. Therefor, a full refund is CLEARLY in order. And a fraud case would hold up in this case. He should take the animal back and refund the money.
 
So that's where it stands as of tonight

I recognize mistakes on my part, but can not relieve Mr. DeLay of his responsibilities to ship healthy, properly sexed animals. I must stand up for what I believe is right. It has been strongly suggested by others aware of this situation that I share my experience here. I have shared everything I can at this point. There are many opinions shared in a poll I posted last week in the BP forum on KS. After reading everything here, some of you who posted there may change your mind about the way I handled it. It will be up to the readers to view each of our mistakes and draw their own conclusions. I will keep everbody posted as to the condition of the snake throughout treatment. Please share your views on this situation. Thank you.
Paul Fisher
 
Paypal receipt

Just checked this, definitely supports the fraud claim:

This email confirms that you sent $2,500.00 USD to [email protected].


------------------------------
Payment Details
------------------------------

Amount: $2,500.00 USD
Transaction ID: *******
Subject: NERD line female lemon pastel
Note:
$2,500 as payment in full for NERD line female lemon pastel ball python
pictured in Kingsnake.com ad on 7/14/04. Payment includes shipping to
Phoenix Sky Harbor airport. By accepting this payment, seller guarantees
the animal will be received alive, in good health, and properly sexed.
Thank you Chris!
Sincerely,
Paul Fisher
 
I could care less what the "sellers terms" are. You can't send out a sick animal to somone without inofrmaing them what they're getting. It doesn't matter if the buyer asks or not. Sending out an animal in that shape without informing the buyer first is just fraudulent. The fact that it's a male just adds to Paul's case.
 
The fact that the snake is a male is the entire case. It makes all other facts moot.

He bought a female. It was advertised as a female. It was sold and guarenteed to be a female.

Since it is a male, a refund is in order.

This is not a deal I would have been happy with either. A snake half normal weight with no notice prior to my recieving it. Not only small but skinny too. If it had eaten 4 times there should definately have been some feces.

This whole deal smells bad.

Paul should get his refund.
 
Stellar Constrictors

i dont recall th sellers name at this moment but he has surely bought hisself out of buissness for $2500 i have not a doubt in my mind that he wiil never sell another snake on Fauna wether he refunds the 2500 or not there is noquestion hes totaly in the wrong the buyer alot more calm than me i would have put myself on a plane to return the snake in person then it would be in his best intrest to refund the money $2500 isnt all the money in the world but it is sure to much to get screwed out of and the principal of total disrespect its basicly saying F You ! please keep us posted on snakes health as well as paypals decsion

P.S. when I make big purchases through the mail i only use My Credit Card because theres not as big of a hassle to dispute the transaction just some advice
 
Refund

The snake should be shipped back and a full refund provided........no questions ask. I also think an apology is in order to the purchaser for such a bad experience. If this doesn't happen I would contact your lawyer to start legal proceedings.

Corey Woods
 
Ok

Wrong Sex = Refund

Now to the other issues

"RUNT" . The seller says the animal is not a runt, as the rest of its siblings are the same size. BS THATS A RUNT. I dont even breed balls, but if your produceing animals 1/3 the weight of average balls on a consistent basis (said 2-3 years of tiny babies like that) YOU SHOULD STOP BREEDING THAT ANIMAL. At the very least you should inform your buyers upfront that the animal comes from a line KNOWN TO PRODUCE VERY SMALL ANIMALS.

The seller had to know that animal was thin, granted shipping stresses could have made it worse, but I dont think that bad.

Was the bag full of fecies, urates, or wet at all upon arrival? If not then obviously the animal was sent very thin. From the picture in the bag, I didnt notice anything soo Im left to assume the seller sent a very skinny animal to say the least.

I got about 100 baby balls this season, imports of course, and maybe 5 looked like that. To this date, two have passed, and the other 3 were force fed much as the buyer has done. The 3 that were forced, 1 is now a great feeder and gaining weight readily, the other 2 are still ify snakes to say the least. All will be sold as "WEAK PETS" to say the least, and thats for a 25$ animal. To sell a 2500 animal in that shape is criminal, both to the animal and the buyer.

Sadly pay pal will likely ignore the issue, as they do not deal with animal claims from what I understand. You need to post all of the sellers info FULL NAME, phone numbers, address, ect. That way if he changes his name in the future he can be picked up for what he is, a deadbeat.

To say that you did not mention anything in his 48 hour period, and then use the convienent excuse of the force feeding to lie blame on your feet is BS. As you stated, had you not forced the animal it would likely have perished.

Whatever happens, should you keep that snake, NEVER BREED IT. Even if it pull out of it, its obviously from a lineage that is not strong (not the line per say, just the particular animals in question).

JUST MY OPINIONS
 
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