Question about TOS

[critical bill]

Is the TOS written below something a potential customer considering a purchase should be concerned about? With the frequency of delays and mixups using just about any delivery service, in your opinion would this simply be a TOS written up so that the seller doesn't have to replace DOA's?

GUARANTEE: There is a live arrival guarantee on all reptiles when delivered on time with express service and an unconditional two-week health guarantee on all captive born snakes. All wild caught specimens are medicated for any potential parasites.

[KelliH]

It all sounds good except for the part about "delivered on time". Even if a package is late arriving, I still think that live arrival should be guaranteed within certain temperature ranges (mine are 40 - 90).

[monkeywrench133]

I agree. As long as temps aren't too extreme, a decently packaged animal should be ok even if its delivered a day late.

How concerned I'd be about the specific language you quoted would depend on who the seller was though Chuck. If it's someone with a solid reputation for good shipping and customer service, I wouldn't worry about it too much. But if their rep has a few dings in it I might look elsewhere.

[Dennis Hultman]

When I read that TOS while looking at it from a customers perspective, I would understand that the seller isn't really guaranteeing live arrival even if I'm at the location to sign for the package on the first delivery attempt.

The TOS states to me that if the seller packages the animal incorrectly or causes the death of the animal, he/she would guarantee the animal. That you have only a two-week evaluation.

If the carrier makes a mistake, the seller will not guarantee live arrival even if the customer was there to sign for the package.

As a customer, I would weigh that information into any decision making on purchasing from this person or business.

GUARANTEE: There is a live arrival guarantee on all reptiles when delivered on time with express service and an unconditional two-week health guarantee on all captive born snakes. All wild caught specimens are medicated for any potential parasites.

I guess it would come down to the reputation of the person you are dealing with.

I wonder what the seller would do if the package was late but the animal arrived OK. During the two weeks the buyer determined the heath of the animal was poor. According to the TOS, the live arrival guarantee is void but the unconditional heath guarantee on captive born snakes isn't.

If you wanted to get real technical.
Even if the captive born snake(s) arrived dead due to shipping delay the unconditional two weeks still applies because it was written as a separate guarantee and not dependent on the live arrival. I would state that if a snake is still dead after a few days of receiving it, the health of that snake should be questioned. :)

My opinion as a seller and buyer that it's good business to guarantee the safe arrival of what you are providing. If the seller has concerns doing so, then they should understand that their buyers would have concerns as well.

Buyers should comprehend what they are agreeing to ahead of time.

If you look at in AD and a seller specifically states they DO NOT guarantee live arrival at all, and the customer still purchases then the customer has assumed the risk of dealing with the seller in question.
Would I personally believe the terms are good for the buyer? No. Would I purchase from the seller with no guarantee? More than likely, I would not.

A lot of the times terms-of-service are written by the sellers with the idea in their head that it is to protect them from abuse. Sometimes they forget that it is also to insure confidence in their customers.

The standards across the community continually change. I can remember not so long ago that the majority of those in the community had the statement within in their TOS that they were not responsible for the animals if they were lost or delayed by the carrier. That has changed in part to market changes and also other sellers took note of the impression it left on buyers and offered terms that the buyer could take comfort in. Again, it goes back to the reputation of the person you are dealing with.

I guarantee live arrival unconditionally when the receiver is there and acknowledges the condition of the animals on the first delivery attempt. If another seller will not, well that is their choose. I wouldn't agree that it is a good choice to stand behind a TOS such as that if a customer receives a DOA. Hopefully their customers make an informed choice as well.

[Dennis Hultman]

It all sounds good except for the part about "delivered on time". Even if a package is late arriving, I still think that live arrival should be guaranteed within certain temperature ranges (mine are 40 - 90).



Then you don’t ship out of those temps, right? So, just stating I guarantee live arrival if you sign for the package on the first delivery attempt should be sufficient and easy for the buyer to understand.

I don't sell skins so I'm not going to ship when I'm not comfortable.
I'm also not going to hold the customer accountable for any unexpected weather changes or spikes.

Example-

I guarantee live arrival! When you’re there to sign on the first delivery attempt.

Looks good to me. :)

[Dennis Hultman]

How concerned I'd be about the specific language you quoted would depend on who the seller was though Chuck.

Exactly!

Good example would be right here.
I wouldn't have any problems dealing with Kelli because I know I will be treated professionally. I probably wouldn't even need to look at her TOS because I'm that confident I would be treated well.

Someone I'm not familiar with I would be asking them all kinds of questions about the weather guarantee.

[SPJ]

What is your take in this?

Shipping:
Federal Express overnight to your door.
Shipping will not occur when temperatures are less than 40 degrees or in excess of 90 degrees.
Package tracking information will be provided to the buyer.
Guarantee:
Live arrival is guaranteed ONLY if the package is signed for on the FIRST delivery attempt. A signature release on file will void ALL guarantees.
In the event of a DOA, you must notify me immediately. If you do not notify me within 2 hours after arrival then you WILL NOT be entitled to a claim. Do not dispose of the dead animal. Proof of the DOA must be provided.
In order to have a valid DOA claim you must either return the dead animal to me using a prepaid shipping label or submit via email clear pictures showing the identity of the animal. If the dead animal is not sent back to me or if no clear pictures are emailed, I WILL NOT consider any claim to be valid.
If your claim is valid then I will either:
1] Refund your money
OR
2] Replace the animal if another one of equal value is available.
Delivery Problems:
There are no guarantees of delivery or of live arrival if the buyer provided an incomplete or incorrect mailing address. Shipping is done to the address provided by the buyer. The seller assumes no responsibility for the accuracy of the address provided.

[Dennis Hultman]

What is your take in this?

It looks straightforward to me.