General opinion question, regarding seller responsibility

I had a situation arise a couple of monthes ago that I had to decide how to handle and I am just curious how other people would have handled it.

I am a new breeder, well about 2 years. I had my first shipping problem and was stumped at how to handle it. My most important goal is to be a quality breeder that people trust.

I had a gentleman purchase 2 baby lizards from me online. He paid me with a postal money order and I shipped after i received the pmo. Well the shipment was sappose to be delivered before 10:30 am. When the package wasn't delivered by 11:00 the buyer tried calling UPS but said he could'nt get through the automated service system on the phone. He had attempted calling me but I wasn't available. The lizards were delivered at 3:30 and the driver's excuse was someone else packed his truck and it was put on the wrong side of the truck. One of the lizards didn't make it. The temps were 85 degrees there, so you know how hot that truck got. These were the only two lizards I had, they were an abandoned breeding project that my son wanted to start. I told the purchaser that I would have replaced the lizard if they were a reptile that I was breeding and I had more available, even though it wasn't my fault. I told him I was sorry and offered to send him 1/2 the money back on the one lizard that died. He was not happy with that offer, so I told him to think what he thought was fair to both of us and get back to me. He found a breeder who had some lizards available and had me pay for the lizard as well as the shipping. I didn't think this was fair but I didn't feel I had any options. My rep is important to me and I haven't had any problems with any of my previous sales, everyone has been very happy with the reptiles thay had received. I have seen how easy it is for people to smear your name when they arn't happy. Then you have a black mark against your name. I now have it on my web page that I am not responsible for shipper errors. But of course if I have extra stock, I would try to help rectify the situation.

What would you as a small breeder do. How would you handle the situation? The lizards were $125. each

Thanks
Hockeymom

Since they were delivered late, they shipping company owes you the shipping charges so this should cost you nothing.

Personally I wouldn't bring anything else into the deal by buying something from someone else for your customer. I would refund the price of the lizard that died as well as the cost of shipping, which you would get back anyway.
Then he can buy the lizard himself from the other source.
I feel it will be easier in the long run to do it this way. Your responsibility begins and ends with your customer alone. If you buy a lizard you know nothing about from another source and have it shipped to him, you are open to additional problems arising from that.
Refunding the cost of the dead lizard as well as shipping charges completes your obligation. Any further deals should remain with the buyer and the other supplier.

i agre 100% with clay on this one... really nothing more to say than what he has already said

Well I agree but he was very strong on the fact that he wanted another lizard or I would have to refund 100% of his money plus pay to have the surviving lizard shipped back to me.

If the shipper makes a mistake you feel the seller is responsible for total replacement. Even though as a seller we have done everything in our power to safely get our package to the shipping co.
Is there any type of insurance out there to cover the cost of reptiles lost or damaged durring shipments, or are we sol.

Originally posted by hockeymom
Well I agree but he was very strong on the fact that he wanted another lizard or I would have to refund 100% of his money plus pay to have the surviving lizard shipped back to me.

This is an unreasonable request and goes beyond the limit of your responsibility. If you refund the cost of the lizard, plus the shipping fees, then he can use that money to buy the other lizard and have it shipped to him. He still gets another lizard, but you are out of the picture.
There's no reason whatsoever to require you to buy the lizard and have it shipped to him.
If he doesn't want the surviving lizard, and prefers a full refund, then the cost of return shipping is his responsibility. Since you are offering a refund of the cost of the lizard plus shipping, he will be out no additional funds by accepting that and purchasing the other lizard himself.

The biggest problem with his demand is what if the replacement lizard you ordered for him arrives sick or dead? You have never seen the lizard, but you are the purchaser. You see the potential for massive headaches.

If the shipper makes a mistake you feel the seller is responsible for total replacement. Even though as a seller we have done everything in our power to safely get our package to the shipping co.
Is there any type of insurance out there to cover the cost of reptiles lost or damaged durring shipments, or are we sol.

It is my opinion that yes, the seller is responsible to put a live animal in the hands of the buyer. If that seller chooses to use an overnight carrier, then they are responsible no matter what.
The clause so often seen on a sellers terms that they are not liable for carrier mistakes is BS as far as I'm concerned. Carriers will be delayed at times, and that's a risk you take when you choose to use their services to ship animals.
I don't like it, but that's the way it is. It isn't fair to place this burden on the buyer. The carrier will not take any responsibility at all, since they don't allow live animal shipments in the first place. As a seller, I feel you must bear the responsibility as a cost of doing business. It's not justified to put this risk on the buyer. They paid for a live animal and they can no more control the actions of the carrier than the seller can, but someone has to bear the responsibility.
The only time I can condone such a clause in a seller's terms is if they offer airline shipping and the buyer requests overnight carrier. In these cases, it would be acceptable to place that burden on the buyer since you offer other choices.
When you only offer shipping via UPS etc, then the responsibility during transit is yours.

As far as insurance to cover shipping problems, there is none.

Thanks Clay.

Once again Clay has said everything perfectly. I agree with everything he has said and can't add anything else.

Steve Schindler

Additionally, the shipping costs he paid would have probably been the same whether he bought one lizard or two. At most, all you owed him was the refund for the dead animal. Don't be bullied!

But the package wasn't delivered on time. Since UPS was late, they will refund the shipping charge, and since the buyer did indeed pay for 10:30 am delivery, then those funds are rightfully his.