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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
09-17-2008, 09:16 PM
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#51
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Quote:
Originally Posted by Suncoast Herpetological
Terry
Whether or not the price was above market, David agreed to pay it. Kelly's method of running her shows apparently differs from yours.....so what? She sells advertising / sponsorships and you don't....so what. So far not a single one of your posts on this thread have really made any sense. Your objecting to her advertising philosophy is beyond irrelevant here. This is not a case of someone someone saying that they would take an animal and then flaking. This was acceptance of an ongoing service that took place over a couple of months. There is quite a difference.
Joel
I'm not quite sure where you acquired your legal acumen but a contract most definitely is in place here. Whoever told you it needs to be signed before it is valid is in error. It is always preferable but not necessary. Emails are most certainly binding just like any other written correspondence. A service was offered for a price and accepted. Approval of advertising was given by David. He even suggested a payment plan. Your assertion that Kelly should not have implemented the service till she was paid has a bit of merit but she apparently thought his word that payment was on the way was good enough. That was a mistake only in hindsight. When I am dealing with people whose word i think is good I generally extend trust till there is a reason not to.
David definitely needs to respond. You two seem to be his only defenders here.
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I said it was my opinion and please quote where I said I was a lawyer.
If I wanted legal advise i would ask my father.
So what are you doing? Defending the other person involves so that somehow makes you right? If 5 people defend someone then everyone else is wrong my bad..
You seem to take the tone of trying to be a smart (insert). Do you see anywhere that I belittled anyone posting to this thread? So why do you feel the need to "try"? Does that some how make you right (don't think so)?
Like I said in a earlier post he doesn't have to explain anything if he chooses not to.. If he comes and says what he has to I can bet you would still continue on your little witch hunt (I know you wouldn't lol)..
You can trust all you want and get burned all you want I don't care one way or another. A contract won't prevent that either but you can take it to court and hope to get a judgement. Take that page of emails to court when all it shows is one person trying to get a response and not getting one until late in the game which wouldn't give me confidence that we have a meeting of the minds.
I will stop so that this can continue unless another suncoast tries to be a smart (insert) for speaking and not agreeing with his way of thinking. Dang I should've agreed with the side who has the most people..
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09-17-2008, 09:18 PM
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#52
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Quote:
Originally Posted by jusmebabee
It was at least a month between contacts or something like that.. So why would anyone do all that advertising with out getting paid, heck at least a deposit?
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It's Kelly's first show and she is probably sitting on the edge of her bed every night counting all the things she has to make sure of when she gets up in the morning. She's excited and wants things to go well so that this can be a reliable, regular show with a satisfied vendor/customer base.
She took someone at their word and upheld her part of the agreement above and beyond the call IMO. If David no longer felt sponsorship was a viable idea, for whatever reason, then all he had to do was type one or two sentences into his blackberry stating that fact and we wouldn't be reading this.
Most folks are okay with someone saying "Hey, I'd like to do that, but upon further consideration I fell I no longer can".
It would have been just that simple.
It still can be.
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09-17-2008, 09:23 PM
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#53
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Keep it civil please. Calling each other a pack of dogs or being derogatory in any way towards someone else here because their opinion is different from yours is not needed nor welcome.
Who ever (in a plural sense) cannot keep it civil and wants to escalate the inter-member conflicts will be evicted from the field for a few days so they can cool down somewhat.
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09-17-2008, 09:29 PM
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#54
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I find it ironic that in this age of almost instant communication people still have trouble....communicating
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09-17-2008, 09:34 PM
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#55
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Quote:
Originally Posted by Dixie Reptiles
I did not see an e-mail where David agreed to anything,very onesided, but this is the dogpack of the B.O.I . If my posts do not make sense to you stop reading them.
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One of the reasons that the BOI exists is so both parties can state their side of the story. I know that in many instances, people here have jumped to conclusions based on only a few facts. In this circumstance, however, I believe that most have withheld judgment and were hoping to see David attempt to rectify or explain his side of the situation.
David has had numerous opportunities to contact Kelly privately prior to this thread being made. He also has the opportunity to share his side of the story within this thread. I encourage him to respond to this thread or contact Kelly privately in order to resolve this issue. If he continues to remain silent, then our only choice is to assume the worst. I hope that this situation turns out well for both parties, and the chance is still there for that to happen. The worst possible outcome is that David continues to remain silent.
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09-17-2008, 09:34 PM
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#56
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Quote:
Originally Posted by jusmebabee
I said it was my opinion and please quote where I said I was a lawyer.
If I wanted legal advise i would ask my father.
So what are you doing? Defending the other person involves so that somehow makes you right? If 5 people defend someone then everyone else is wrong my bad..
You seem to take the tone of trying to be a smart (insert). Do you see anywhere that I belittled anyone posting to this thread? So why do you feel the need to "try"? Does that some how make you right (don't think so)?
Like I said in a earlier post he doesn't have to explain anything if he chooses not to.. If he comes and says what he has to I can bet you would still continue on your little witch hunt (I know you wouldn't lol)..
You can trust all you want and get burned all you want I don't care one way or another. A contract won't prevent that either but you can take it to court and hope to get a judgement. Take that page of emails to court when all it shows is one person trying to get a response and not getting one until late in the game which wouldn't give me confidence that we have a meeting of the minds.
I will stop so that this can continue unless another suncoast tries to be a smart (insert) for speaking and not agreeing with his way of thinking. Dang I should've agreed with the side who has the most people..
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Joel
I never said you were a lawyer. I said you were trying to make an uninformed opinion sound like you were speaking from legal experience. If you took my post as an attempt to belittle you you have pretty thin skin. I simply pointed out a couple of points on which you were incorrect. I have absolutely no issue with differing opinions and no interest in belittling you or anyone. I simply dislike blatantly incorrect statements being presented as fact.
I'm getting the feeling that neither you nor Terry has actually read the Email exchange. A large part of this transaction was by phone as well according to the OP. David can refute or contest that if he wishes but the Emails are pretty cut and dried.
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09-17-2008, 09:36 PM
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#57
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Quote:
Originally Posted by Dixie Reptiles
I did not see an e-mail where David agreed to anything,very onesided, but this is the dogpack of the B.O.I . If my posts do not make sense to you stop reading them.
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I agree completely Terry...very one sided....that's why it behooves David to offer the other side.
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09-17-2008, 09:39 PM
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#58
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Quote:
Originally Posted by jusmebabee
Who ships reptiles or anything else without getting paid first?
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To unknown individuals? No one I know. But between professionals in the industry and other known individuals, breeders and retailers it happens all the time Joel.
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09-17-2008, 09:48 PM
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#59
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Well, I have to weigh in here, as I promote shows.
From what has been posted, is it very one-sided.
However, IF there WAS an agreement for "said" sponsorship/promotion, then I side with the OP. Show promoters lay out a lot of advance money for printing, radio, etc. and count on that money coming in.
I, along with everyone else here, (except for a few), would like to here from Reptster.com.
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09-17-2008, 09:51 PM
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#60
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*here=hear
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