Shipping and TOS's

Hello all,
I have a question regarding what would be considered a fair way to handle the shipping issues for my Terms of Sale.

I got the basics covered- like guarantee live arrival if someone is there to sign for the package and that stuff, but what I want to get clarification is on one subject- what if delivery is delayed by the shipping company and something happens to the animal because of that?

Would that be expected to be covered in the live arrival guarantee even tho I ( or the seller) has no control over delays caused by the shipping company?
I read other tos, and they say that they are not responsible for delays caused by the shipper, but does that mean once they shipping company is late, live arrival is void??

I had animals that arrived late- most were just in the afternoon, but one was several days late due to a holiday after the missed arrival date. The snakes arrived alive and never got sick, and I had not really discussed what would happen with the breeder if they arrived dead, so I really don't know what would have happened if they arrived dead.

I am just wondering what the best way would be to disclose what would happen if this situation were to happen.

I am new to breeding and selling- hatched my first clutch and have people interested in them( once they are ready to go). I want to make sure I have this cleared up to I can have a TOS provided on my website ans to the people who would be purchasing some animals from me.

I want to be fair and I want to do what is the best, so I came here to have other people's input on the situation and what is the best way to handle it.
thank you very much,
Janet Kovacic

you DO have a lot more to do with the successful arrival of the shipment than the customer does. All the customer has to do to uphold his end is to be sure to sign for the shipment.

But the SHIPPER controls how the animal is packed, whether heat or cold packs are used, being sure the weather at all points is acceptable, or rescheduling the shipment, and should have knowledge of any "quirks" of their chosen company (such as FedEx signature waivers), and how best to avoid problems with them. In short, the shipper is expected to be the professional, not the buyer. So it only seems fair that the shipper should take the hit if the shipping company messes up. With proper packing, even an overnight delay should not be a problem, unless the weather is quite extreme. Of course, some shippers do not assume responsibility. It is your choice. But as a buyer, I doubt I would buy from a shipper who wants ME to assume responsibility for shipping mistakes. There are way too many sellers out there to choose from!

However, you might want to steer your customer to the safest options with your guarantee. For example, you might cover any shipping mistakes or problems if it is picked up at FedEx or received at a commercial business that is "in town" enough to have a guaranteed arrival time of noon or earlier, but not to a home business, or commercial business without morning delivery - or whatever you decide. Then those who require delivery to a home business or who live out in the boonies will have to decide if it worth the drive to go pick up at FedEx in order to get a better guarantee.

You just have to decide what you think is fair, or are willing to offer. And the buyer has to decide if what you offer is better than your competition.

Kathy,
thank you very much for your inpout.

Yes, I agree I control how its packed and all- in one situation the other person does too since we are doing a trade, but in general, I agree with what you said.

You did clear up my questions and even better expained why so I understand better.

I do think its fair that the snake is still my responsibilitiy through shipping and all that, since I would want any snake that I recieve to be covered until I get it.

thank you Kathy for taking the time to share your opinion to help me out. I cant tell you how greatly I appreciate it!
Janet Kovacic