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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
07-11-2015, 09:50 PM
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#51
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07-11-2015, 09:52 PM
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#52
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Good luck with all the profanity your posted
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07-11-2015, 09:57 PM
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#53
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What profanity? There isn't any. And if I missed it I'll take the infraction and apologize to the mods.
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07-11-2015, 09:58 PM
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#54
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Quote:
Originally Posted by ElexisOrtiz
So are you going to post the messages where he says he can pay you in a few weeks or just send the frogs back and you said if he sent them back you would return them? Or should I?
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Quote:
Originally Posted by ElexisOrtiz
So since you're don't with your 46 photos, excluding the ones that make you look bad I'll post what I have personally seen and we're posted in public and have permission from Mike to post.
I do not keep frogs, have never owned one or bought one so no I'm not doing this for some gain or because I have done business with him. He's on my Facebook and has always been a straight forward guy.
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I know it's hard but maybe you could wait until he's finished posting.
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07-11-2015, 09:59 PM
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#55
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He said he was posting 46 images, his last post was 47. So he was done.
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07-11-2015, 10:00 PM
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#56
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I didn't see the 46 photos bit the first time I read it or read over it, so yes that first one jumped the gun, I'm sorry. But by his own words, he was done
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07-11-2015, 10:02 PM
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#57
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Here is what the UCC says about repudiation:
§ 2-708. Seller's Damages for Non-acceptance or Repudiation.
(1) Subject to subsection (2) and to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-acceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this Article (Section 2-710), but less expenses saved in consequence of the buyer's breach.
(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this Article (Section 2-710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
So if the frogs are shipped back and you are in essentially the same position you were prior to sale, all is well. Mike should pick up shipping costs, make financial amends for any dead frogs. If the frogs are bigger now they might be worth more so you might end up on the plus side.
If you deliberately refuse shipment, that will be on you, not on Mike, in my opinion.
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07-11-2015, 10:09 PM
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#58
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Mike did say he would replace those 4 frogs with his own and I believe pay shipping. So Mike is the one losing out. All this guy cares about is the money because Mike was going to pay him $100 each for $40-50 frogs.
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07-11-2015, 10:45 PM
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#59
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This isn't about legality , It's about a person not showing up to his own BOI who obviously intended on deceiving someone who gave him the benefit of a doubt . It's about honesty. I already know suing him isn't going to actually do anything to get me my $2,250 back . Even if I do get a ruling in civil litigation it still doesn't force him to pay me in any reasonable amount of time and I now know his intentions were exactly what occurred. So my intentions of this thread is to inform the reptile community of the ethics of a scammer in the industry ...
, But since you gave a bit of legal aspect in the situation, I do understand that under article § 2-326. Sale on Approval and Sale or Return; Consignment Sales and Rights of Creditors. there are specific stipulations as to where I have to accept the return prior to him sending it which I will not accept on any terms. There are multiple reasons I will not accept them especially in the possible condition that could be as it will be an altered state from which they were sold to the buyer. He has admitted to me that plenty of his animals were killed by employees around this time and could easily contaminate the colony of animals I have at home. The reputation I have upheld for the quality of animals I produce is great and I would not want to put my animals nor my company at risk.
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07-11-2015, 11:37 PM
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#60
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Quote:
Originally Posted by ElexisOrtiz
So are you going to post the messages where he says he can pay you in a few weeks or just send the frogs back and you said if he sent them back you would return them? Or should I?
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If he's been banned, as you stated in your PM to me, don't post for him. If, when the OP is done posting, you feel there is information missing; you can address your concerns...but don't act as a mouthpiece for a banned member.
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