Andrew Hermes of Arizona Tortoise Compound

why in the world would you ever ship an animal that is that expensive any way other than SYR where you acn get insurance anyway?

I, too, have doubts that the 2nd radiated died. I think that was likely to try to garner sympathy and support in a situation that is not supportable. I would think that ATC would of borrowed money to make things right with good customer support vs. having everything brought out here and losing many many future customers, me included. Is that worth $3000? Too late now, or is it? I am sure he could retract and make things right, even now. But, he seems pretty committed to months of forum discussions and a trip to court where he will lose. I still wonder about the CBW permit status of the unknown original owner who he was admittedly brokering the deal for. The fact he was not up front about that in first place, and passing tortoise off as his own to the buyer speaks volumes of him prior to the catastrophic end of this wonderful animals like.
I found that he was advertising this same radiated on Kingsnake, and selling someone elses tortoise secretely is a violation of that website. I imagine he will have troubles over there as he is having here.

Dont forget if this does go to court, Hell end up paying more then the 3000$+ as he has lawyer fees, and Court Fees to pay!!!!

ATC--

If you were willing to provide him with free torts for life!, then why are you not willing to simply just give him his money back?

I highly doubt that if you were simply an innocent bystander in all of this you'd make so "generous" an offer.

You claim you took ownership of the tort when you gave the original owner the $1000. So the tort was yours to send and fell under your permit. YOU sent the tort. YOU packaged the tort very haphazardly. YOU now need to make this right.

If it was me, I would have simply refunded the money.....ABSOLUTELY NOTHING IS WORTH A BAD REPUTATION, in this or ANY OTHER business, hobby, career etc....customer satisfaction is always paramount, and regardless of Terms of anything, that was obviously not achieved here.....I do not know EITHER of the people involved here and thus will not pass personal judgement, however, again, if it were me, I would simply refund any money owed and do basically ANYTHING I could to make things right rather than risk besmirching my reputation...i

ATC,

If you are breeding radiateds then why can't you give him one of your adults? You won't be exchanging cash money, and the buyer will be getting his adult tort.

You'd have to pack the tort a heck of a lot better though. Take the shipping refund and buy a solid styro box this time.

You could really really do the right thing here!!

ATC is really missing the point here. Fact, you did not pack the tortoise properly which in turn caused UPS, who you contracted to ship for you to seal up the box with a plastic bag when liquid (pee) started dripping from the box. This is your fault that the packaging was not appropriate to withstand urine and the chain of events caused by you caused the death of the tortoise.
Even forgetting about the packing, you ATC the shipper can not stand behind T.O.S that would not hold up in court and are not valid. PERIOD. You continue to state that all these other companies do not guarantee live arrival if there is a carrier delay well let me tell you. All those companies are Wrong according to the law. Yes $3200 is a big hit and it seems like the OP is willing to take payments or some torts as compensation work it out with him... You are wrong legally.

Another thing.. You said this

if a customer wants a tortoise shipped in the middle of December it is of coarse their risk. You want a Radiated shipped to your front gate with no signature required ,its at your own risk. You want the tortoise left on a truck for another day its your risk.

That statement alone tells me you are willing to put the tortoises life in jeopardy. If a customer is asking that you should tell them "I am not shipping to you" if its 10 degrees outside or if you want me to have it left at your front gate. Common sense. Your not only putting the animal at serious risk but, also inviting a problem..

Sad story about two beautiful animals. I have been considering investing in some of these awesome tortoises and had considered ATC. However after seeing how the seller does business I will look to support a business that stand behind their products more.

This fix is pretty obvious. Seller up to the plate!

Originally Posted by smcnearn

Sad story about two beautiful animals. I have been considering investing in some of these awesome tortoises and had considered ATC. However after seeing how the seller does business I will look to support a business that stand behind their products more.

This fix is pretty obvious. Seller up to the plate!

Just before this story broke I was planning on buying from ATC too! My birthday is tomorrow, and I have $1,500 to spend as a gift from my husband.

Guess where I'm not buying a tort from?