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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
04-10-2012, 11:17 PM
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#161
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Quote:
Originally Posted by ShadowAceD
Well that's good, but it still doesn't justify not sending someone THEIR money back when you failed to fulfill your end of a deal. THAT is not exactly credible.
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As I said before I think it's in Andrews best interest to give the money back then press criminal charges on them. However there still is a small chance that this snake arrived alive because who would trust this buyers word? Blackmail can get you years in jail.... what Andrew has done would not get him one day in jail. There is a big difference here.
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04-10-2012, 11:20 PM
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#162
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Quote:
Originally Posted by Show Me
As I said before I think it's in Andrews best interest to give the money back then press criminal charges on them. However there still is a small chance that this snake arrived alive because who would trust this buyers word? Blackmail can get you years in jail.... what Andrew has done would not get him one day in jail. There is a big difference here.
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And there's always a small chance in any criminal case with a guilty verdict that the person is innocent and vice versa. The evidence supports DoA due to shipment. Not some weird, ridiculous, malicious plot to kill the animal, make it look like it was subjected to extreme heat or whatever else.
Stealing someone's money is punishable by law, so I would not be too quick to assume that.
He failed to provide a product as it was supposed to be provided. Therefore, he owes a replacement or a refund.
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04-10-2012, 11:35 PM
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#163
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Quote:
Originally Posted by ShadowAceD
And there's always a small chance in any criminal case with a guilty verdict that the person is innocent and vice versa. The evidence supports DoA due to shipment. Not some weird, ridiculous, malicious plot to kill the animal, make it look like it was subjected to extreme heat or whatever else.
Stealing someone's money is punishable by law, so I would not be too quick to assume that.
He failed to provide a product as it was supposed to be provided. Therefore, he owes a replacement or a refund.
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I've been around a few lawyers. This is not stealing, he shipped the product. If the buyers isnt happy he can try and work it out with the seller or file a civil case. But oh no he uses blackmail to try and get his way plus tried to get more $$$$ worth in snakes than he spent. Really smart move.
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04-10-2012, 11:50 PM
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#164
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I say instead of shipping the animal. Andrew waits for Tinley to come around in october and hand delivery the snake. It wasn't an adult so no use for it now. Plus breeding season is over especially for a brand new male. And andrew feeds pretty good so I know he will get it just as big as the op would have. That way there is no issues with shipping and there is nothing that can go wrong. OP can look over the snake in person and then get his replacement and call it good. That is what I would do. I know it sucks having to wait 5-6 months for a replacement but better then nothing. And better then risking it agian.
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04-11-2012, 12:00 AM
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#165
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Quote:
Originally Posted by bigdogg
I say instead of shipping the animal. Andrew waits for Tinley to come around in october and hand delivery the snake. It wasn't an adult so no use for it now. Plus breeding season is over especially for a brand new male. And andrew feeds pretty good so I know he will get it just as big as the op would have. That way there is no issues with shipping and there is nothing that can go wrong. OP can look over the snake in person and then get his replacement and call it good. That is what I would do. I know it sucks having to wait 5-6 months for a replacement but better then nothing. And better then risking it agian.
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If it's decided that a replacement is to be given... I think your idea is excellent.
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04-11-2012, 12:04 AM
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#166
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Yeah well if Andrew decides to replace/refund. It is smarter for him to replace as well it is cheaper. This way at least he can offset the cost of the second hytecparahet from the first one and it would be like he wholesaled them off instead of losing another 4500 dollars. I could understand him not wanting to refund cash. There is very few reason people refund cash and that is if a replacement is not available at all. I know if andrew wouldn't have got the "blackmail email" he wouldn't have an issue sending another one back even without the dead one being sent back to him. Andrew and bob are both stand up guys and some of the nicest guys I have ever talked to at a show. I met them both in Daytona 2 years in a row and they knew I wasn't buying yet still got animals out to show me.
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04-11-2012, 12:19 AM
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#167
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Quote:
Originally Posted by bigdogg
Yeah well if Andrew decides to replace/refund. It is smarter for him to replace as well it is cheaper. This way at least he can offset the cost of the second hytecparahet from the first one and it would be like he wholesaled them off instead of losing another 4500 dollars. I could understand him not wanting to refund cash. There is very few reason people refund cash and that is if a replacement is not available at all. I know if andrew wouldn't have got the "blackmail email" he wouldn't have an issue sending another one back even without the dead one being sent back to him. Andrew and bob are both stand up guys and some of the nicest guys I have ever talked to at a show. I met them both in Daytona 2 years in a row and they knew I wasn't buying yet still got animals out to show me.
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I agree with you. I figured the "blackmail email" is the reason he has not been willing to refund them, and I can't say I blame him. I hope he doesn't send them money back, all they should get is a same priced replacement and then some jail time for extortion. LOL
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04-11-2012, 12:20 AM
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#168
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Quote:
Blackmail is the crime of threatening to reveal embarrassing, disgraceful or damaging information about a person to the public, family, spouse or associates unless money is paid to purchase silence. It is a form of extortion. Because the information is usually substantially true, it is not revealing the information that is criminal, but demanding money to withhold it.
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The Hytec ParaHet was the pick of the litter... A littermate may not have been acceptable to Kevin or his partner, Sean...
On the "BLACK MAIL" email, it states, "Our money back, or a better animal"...
I see it as we can settle this like adults or I may be forced to post about my bad transaction with you... And, I will take you to court for the $4,500.00 + shipping + legal costs...
Andrew Potts said,
Quote:
From: apotts60@aol.com <apotts60@aol.com>
Subject: Re: aztec
To: g2gexotics@yahoo.com
Date: Wednesday, March 21, 2012, 7:32 AM
Sean, please go ahead and post and tell everyone any thing you want. I'm begging you to please do everything you said you were going to do. Take care, Andrew
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Kevin posted it...
I do not the see the "BLACK MAIL" email sticking in a court of law...
However, The keeping of the $4,500.00 + is more likely to stick in a court of law... There is enough evidence to show that the Hytec ParaHet died in transport with no fault from Kevin Bailey...
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04-11-2012, 12:41 AM
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#169
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Oh that email is plenty proof of blackmail.
They demanded a male sharp albino aztec or a male anery aztec or to ship the money back. Then he made a bunch of threats and warned him to chose wisely. Which is summed up as...if you send him one of those high dollar snakes we will keep our mouths shut, if you send us money we will tell everyone nasty things about you. Also they said forget about the littermates, they don't want a replacement. Yeah this is extortion at its best.
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04-11-2012, 12:47 AM
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#170
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Now see Luis I don't know if you know Bob or Andrew but they have many litters of these Aztec mutations. Im sure they have another that look just as good. I again don't want to stick up for bob and andrew. They are good guys in my book and still will be after this goes whichever way. As I don't agree with how whoever actually bought this animal dealt with it at all. Slander to a business is nothing to mess around with.
With the replacement thing it all depends on how bob and andy's tos is stated. In my personal T.O.S I state that there are no cash refunds. Andrew can simply give them 4600 dollars credit toward the next purchase of an animal which is what I would do in this case. If they don't want to use it that is up to them. But again just my point of view. Both parties are in the wrong here. Not just andrew and not just the op.
By the look of the snake in the pictures. You should have been able to smell the death coming from that box when he got it. Therefore if you smell death record every single step of opening that package. I would have even had the fedex guy standing there to watch me open it. That way there is tons of proof of DOA. Then contact the seller and go from there. Lots of things should have happened differently but they didn't. It is up to Andrew and the OP to settle this now. Whether it goes to court or a simple talk on the telephone. Either way should be settled
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