| Author | Subject: The best way to handle this? |
| Ken Harbart | Posted At 20:28:21 04/18/2001
Firstly, my apologies to the webmaster for not yet naming the individual I am having a problem with. Before I post this person's name, I would like to give him the benefit of doubt. On the other hand though, I would appreciate other people's input on how they think this should be handled by me. In January, I was paid $665 for a trio of yearling Suphan cobras, which were sent via Delta Dash. I have no doubts that the snakes were alive and healthy when shipped. However, the snakes apparently overheated (too many heat packs) during shipping, and were just beginning to putrify when they arrived. The person from whom I bought the snakes was notified the next day, and he requested that I file a claim with Delta. Even though this perturbed me, as the DOA was due to his oversight in packing, I went along with it. Several days ago, I sent this individual an email detailing that I had not heard from Delta, and asking what course of action he would like to take in the event they did not settle the claim. Call me naive, but I'm still giving him a chance to make good on his mistake. If worse comes to worse, I covered all my bases by paying with a postal money order and maintaining copies of all documents/emails for my records. |
| MikeB |
hmmmmmmm
2710.html Posted At 21:08:29 04/18/2001 Doesn't make sense. Where YOU paid for them or was he PAID for them.Who was the seller? |
| JKellar |
Re: The best way to handle this?
2718.html Posted At 01:17:55 04/19/2001 I agree with you, Ken. I think because the sender apparently caused the death of the animals, s/he should be responsible for compensation. To insist on filing a claim with the shipper, when it was not due to their negligence (ie. lost, damaged package)will cause problems in the future for all of us who want to ship animals, as the shippers may decide it is not worth the trouble to ship live reptiles, because to many frivolous claims are made. We have enough problems finding ways to ship our animals, and I just think that claims made with the shippers for losses, should be as a last resort, and then only if the shipper is definitely responsible. John |
| Ernie Watts |
Re: The best way to handle this?
2719.html Posted At 01:28:36 04/19/2001 Well, you're not real clear on the subject, but if you were recieving them from a breeder/dealer I feel he is responsible for dealing with the shipper, not you. Most dealers guarantee live, healthy arrival. They weren't live when delivered so they are his problem and if he is a responsible dealer he will make things right, if not then by all means sue him or bring criminal charges and fight him to the full extent of the law. What some people fail to realize is this, if a person requests or accepts money through the mail for a product (check your local mailing codes) and doesn't deliver the product or the product delivered is defective, he has opened his self to mail fraud charges, a law suit and possible jail time. First place to start is your local postmaster at your local post office. Mail fraud is a federal offence and the suspect may have to serve a prison sentence. The next place is your district attorny. Make sure you get all your info before heading to these places and make every attempt, document it, to solve it yourself and if it comes to threatning to file charges, make sure you know what you're talking about don't make empty or improper threats or you will be on the wrong end of a law suit. I am not a lawyer, but had experience in this area. I hope it helps. Thanks, Ernie |
| Clay Davenport |
Re: The best way to handle this?
2721.html Posted At 04:36:26 04/19/2001 This si just my opinion, but I have always felt tat it is te shippers responsibility to provide quality service to the customer. This includes handling any shipping problems that arise. If this situation arose with me as the seller and you demonstrated to me that the animals were dead or near death when you received them then it is my responsibility to either refund your money, or provide replacement animals if I have them. For me, I would rather lose the money from a sale than lose the respect of a customer. I suppose some would say it's easy for me to say that since I'm a breeder and not a dealer. Since I produce any animals I sell, rather than purchase them, I have no real monetary investment. I think however it's just good buisness practice. If you provided him with proof of the death of these animals, then he should have immediately made the situation right. To ask you to file a claim with the shipper, particularly when he was at fault, is not the proper course of action. |
| BLUEGRASS HERP |
Re: The best way to handle this?
2725.html Posted At 07:19:39 04/19/2001 Ken, I deal with Delta often and unless they failed to deliver the package in time according to the way it was shipped (aka Delta Dash is same day,) they are not liable. If the package was crushed or destroyed they could be, but in this instance it is totally the responsibility of the shipper. I've seen people insure packages for thousands of dollars and ship it 2nd Day Priority thinking if it dies they get paid...They only get paid if it's not delivered within the 2 day period they've stated they will adhere to. In this case Delta is not liable for anything. They got it to you. It was the shipper that failed to pack them appropriately. Kris |
| Tyler Lee |
Re: The best way to handle this?
2729.html Posted At 09:12:09 04/19/2001 Ken, Well you know that I was in the same boat as you. I filed with Delta and got a notice back about a month later. It stated that they were not liable so no refund would be issued. The person had already made good with me by replacing the animals he sent with different animals. I'm getting ready to purchase more animals from him right now. Shoot me an e-mail an maybe I can help you work this out. Take care, Tyler |