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Old 04-17-2012, 07:01 PM   #291
scaledverts
Quote:
Originally Posted by Robert Potts View Post
How do you know he made the phone call...? Please get serious. Just because he said he was doesn't mean he did. Sean continued with the threats. You tell me. Andrew
How do you know he DIDN'T???? The burden of proof here is on YOU not him because you have his money!

You are asking for proof that he said to stop and when evidence is given it isn't good enough......

You are basing your claims that he was working with Sean on your own assumptions, you also cannot produce a single email that says Kevin is working with Sean or anyone else for that matter. The only thing you have is some random (as far as this transaction is concerned) person emailing you about a boa that arrived dead to his friend.

 
Old 04-17-2012, 07:01 PM   #292
Robert Potts
Quote:
Originally Posted by ShadowAceD View Post
You can also live with taking someone's hard earned money and leaving them nothing to show for it because your pride was hurt.

That's pretty shameful, sir.
As I said Kevin will receive a replacement animal when he comes clean. The very day it happened I told him I was going to replace and sent photos and I meant it. Except Him, Sean and Connor tried to play it fast and loose 12 hours later. Because Kevin is actively involved I changed my mind and told him to post. He did, where here. I bet none of you will ever do business with Sean or Connor, maybe even Kevin. Mission accomplished. Andrew
 
Old 04-17-2012, 07:02 PM   #293
Robert Potts
Quote:
Originally Posted by scaledverts View Post
How do you know he DIDN'T???? The burden of proof here is on YOU not him because you have his money!

You are asking for proof that he said to stop and when evidence is given it isn't good enough......

You are basing your claims that he was working with Sean on your own assumptions, you also cannot produce a single email that says Kevin is working with Sean or anyone else for that matter. The only thing you have is some random (as far as this transaction is concerned) person emailing you about a boa that arrived dead to his friend.

Because Sean's and Connor's threats of Black-mail continued after he said he would talk with them. Andrew
 
Old 04-17-2012, 07:03 PM   #294
Suncoast Herpetological
Not trying to stir the pot but....

To everyone who says that the only coercion for a higher dollar animal came from Sean


Quote:
Re: pictures Kevin Bailey to you - Mar 31More Details
From: Kevin Bailey <baileykm86@gmail.com>Hide .Add to: To Do, Calendar
To: apotts60 <apotts60@aol.com>.Cc:.
Bcc:.
Date:Sat, Mar 31, 2012 4:10 pm. I18N YGP.SaveAll I18N YGP.SaveProgress I18N YGP.ViewAfterSave ..

Your request is not going to happen. As I told you before the snake stunk. The animal arrived post rigor mortis which happens after 3 days. The snake was limp and not hard. Also happening at the same time is this, Hydrogen-Sulfide escapes from bacterial decomposition (usually starts around the stomach and intestine areas). This means it smells. This happens after 36 hours. The body had blood pools already very pronounced that happens from 12-36 hours. Then the mouth of the animal was at a 180 degree from its upper jaw. I was unable to receive an explanation for what would cause the snakes mouth to do that. Finally we come to what this all means.

With your tracking number I noticed the snake was only in transit for a total of 20 hours. I think you can see how the math does not add up and a dead snake was sent to me.


Now regarding your not budging before you receive the dead snake. It is impossible. That hydrogen sulfide I was talking to you about earlier in the email (the dead animal smell we all know so well) was so potent that not only did it escape 2 freezer ziplock bags surrounded by saran and in a Tupperware container. Furthermore, I used coffee grounds to mask the smell more. Coffee grounds as I am sure you know mask smells amazingly. That is why stores use it to cleanse the nose palate when you are buying colognes and perfumes. This can all be vouched for by my friend Rommel who was in from California and watched me do this. Now the next thing I did was send the snake overnight to your address that I used previously to send you the check (yes I still have that email of you giving me your address). Now I called fedex to figure out what is going on with this customer requested destruction. They had a note on it saying that the stench was so terrible that they could not handle it past the Tampa hub so they opened it up, found a dead snake, and then destroyed the said snake.

So this brings me back to my next point. I want my 4575.48 back or a Sharp Strain Albino Aztec.


The 75.48 comes from the overnight Fedex that I used to return the snake.

Kevin Bailey
1446 W Irving Park
Chicago IL, 60613
The section in Bold above sure sounds like he was trying to squeeze a far more expensive animal out of the situation than he was entitled to.

That said, Andrew is 100% in the wrong for not making it right. However, I don't necessarily agree with the majority's opinion on what "making it right" means.

Unless specific TOS were agreed on beforehand, the remedy (cash refund, replacement or credit towards another animal is generally up to the seller. Kevin bought a snake with particular genetics for a breeding program. A replacement with identical genetics was available. It was also offered as a replacement and refused. Again, unless specific Terms were set up in advance, that remedy is well within industry standards

I also find it somewhat unlikely that Kevin was unaware and not involved in the emails sent by his moronic buddies. I draw that conclusion based on the fact that the email copied above asks for the same animal they demanded in their emails.

My last comment is that a replacement animal could still be sent to a neutral third party in the buyers area and transferred to him after receipt. I have no doubt that the shipping errors caused the death and Andrew definitely needs to make the buyer whole. A replacement animal would do exactly that


Just my opinion
 
Old 04-17-2012, 07:10 PM   #295
Robert Potts
Quote:
Originally Posted by Suncoast Herpetological View Post
To everyone who says that the only coercion for a higher dollar animal came from Sean




The section in Bold above sure sounds like he was trying to squeeze a far more expensive animal out of the situation than he was entitled to.

That said, Andrew is 100% in the wrong for not making it right. However, I don't necessarily agree with the majority's opinion on what "making it right" means.

Unless specific TOS were agreed on beforehand, the remedy (cash refund, replacement or credit towards another animal is generally up to the seller. Kevin bought a snake with particular genetics for a breeding program. A replacement with identical genetics was available. It was also offered as a replacement and refused. Again, unless specific Terms were set up in advance, that remedy is well within industry standards

I also find it somewhat unlikely that Kevin was unaware and not involved in the emails sent by his moronic buddies. I draw that conclusion based on the fact that the email copied above asks for the same animal they demanded in their emails.

My last comment is that a replacement animal could still be sent to a neutral third party in the buyers area and transferred to him after receipt. I have no doubt that the shipping errors caused the death and Andrew definitely needs to make the buyer whole. A replacement animal would do exactly that


Just my opinion
Kevin will get a replacement 2011 male OT Hytec Parahet. Andrew
 
Old 04-17-2012, 07:15 PM   #296
deborahbroadus
Quote:
Originally Posted by Robert Potts View Post
Kevin will get a replacement 2011 male OT Hytec Parahet. Andrew
That works for me.
 
Old 04-17-2012, 07:19 PM   #297
Amelanistic Orca
Quote:
Originally Posted by Robert Potts View Post
Kevin will get a replacement 2011 male OT Hytec Parahet. Andrew
That is a fair deal. How, where, when? Good man!
 
Old 04-17-2012, 07:23 PM   #298
Suncoast Herpetological
Quote:
Originally Posted by Robert Potts View Post
Kevin will get a replacement 2011 male OT Hytec Parahet. Andrew
Which is exactly what he is entitled to...no more...no less.
 
Old 04-17-2012, 07:24 PM   #299
Matt2979
Quote:
Originally Posted by Robert Potts View Post
Kevin will get a replacement 2011 male OT Hytec Parahet. Andrew
As long as the replacement snake is at least of equal quality as the original, this sounds (to me) like a fair way to fix the problem. Glad to hear you won't leave an unhappy customer hanging!
 
Old 04-17-2012, 07:28 PM   #300
crotalusadamanteus
Good catch John. Must have missed that scrolling up and down trying to read the jumbled emails in order.

Andrew, Now you're being reasonable. I'll have to take back some of the things I've said about you.
 

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