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Bad Guy Andrew Hermes of Arizona Tortoise Compound

Arizona Tortoise Compound said:
Tyler any company can get bad reviews for time to time - http://www.faunatopsites.com/index.php?a=stats&u=1101&all_reviews=1
Click to expand...

I agree; any company will have bad reviews from time to time, and good companies do the best they can to handle the situations in a fair way. Good companies can also have bad reviews in places like FaunaTopSites where any random person including a competitor that can't keep up can get on there and post reviews without having to prove a thing, provide an e-mail address or a name. Let's not change the subject, that isn't a debate you can win. It's clear to all that you didn't handle this well.
 
He owes you Erik! And you would have owed him, IF, yours had died in transit. That's what the 'good guys' do I'm told. I want to see something to bolster the claim on your dead Tort in the other guys care... I think Andrew is a liar in that regard.

I think I'll post Andrew's emails to Tom here in a second. I think they are worth showing, for character's sake, he threatened Tom with a BOI post, and Tom was being nice, that is pretty rare for him when having coals put to him. Laughable, at best, were his comments!
 
I appreciate your response and I am sure you are right.
I have always shipped and received with ventilation holes as they cant hurt.
I was thinking if the box was sealed well with tape it was a possibilty.
On 2nd thought, if the box was sealed super tight then the leakage of waste products from that poor radiated may not have happened.
I firmly stand behind the fact that if a true styrofoam container was used and not a cheaply crafted box w 6 pieces of styrofoam, the UPS mishap would not of happened.
Andrew can stand behind his terms all day long about delays, but AGAIN if the tortoise arrived on time it still would of been in a plastic bag and dead. So a delay is not the reason. A judge will see it the same way. I am sure Erik can get affadavit from some more elite tortoise breeders describing the boxes they use to ship.
Cutting corners on shipping products to get the smallest home made box to reduce shipping fees is a common thing to do. But not the smartest.




Dennis Hultman said:
I agree with everything in your post minus this point.


It was never a standard to put ventilation holes in the shipping boxes for reptiles. There are many threads here that discuss why people do and don't.

When I first starting shipping about ten years ago I looked to those who have been doing this for years. Those that had twenty years in this business.

I have never put a single ventilation hole in a package. I have yet to have a DOA (knock on wood) and pray I never do. I have shipped and received hundreds of packages without incident.

The whole ventilation stuff started when now a defunct shipping company put forth a video on how to package live reptiles. It was done by one breeder who stated it was necessary. When more and more of the general hobbyist (not breeders) started shipping they looked to that video for guidance and now all of sudden you have people stating that it is a must.

It's garbage and factually not true. Go and look at any shipping thread dating back more than five years and you will not find people ventilating boxes in their tutorial.

I don't do it but also don't seal the box up like fort Knox with tape.
Click to expand...
 
From top to bottom, I hate reading in reverse! lol. These are original emails unredacted except for the *'s in Tom's phone number in the last email. ;) There is spelling errors on both sides fyi. But, it's easy to figure out what is going on here, I think...

juline guarino <[email protected]>

12:41 AM (11 hours ago)

to tom
I dont see that your company has a terms and conditions page, why is that? What are your terms and conditions?

Thanks, J.


Albino Orca <[email protected]>

6:55 AM (5 hours ago)

to juline
It's simple. I don't ever have any problems. If I do, you get OVERCOMPENSATED. Do you see any negative reviews on me anywhere?

Sent from my iPhone


Albino Orca <[email protected]>

8:35 AM (4 hours ago)

to juline
All you gotta do is Google my name... Lol. Anything else is you being a crybaby! Feel free to call. IF, something happened with one of my shipments. I'll refund twofold. I ain't some clown, I have entry of backbone. Let me know you at least heard me on that!

Sent from my iPhone


Albino Orca <[email protected]>

8:42 AM (3 hours ago)

to juline
The funny part is. I don't even have a boa for sale. Nice try Andrew Herpes.

Sent from my iPhone


juline guarino

9:42 AM (2 hours ago)

to me
Thats still not good enough. I will not purchase from you in the future. Ill also let my other friends be aware of you and your company.
Is that your wife Brandy running her mouth on Fauna? Looks like everyone is bashing what she says. Also I read her post about 4 day delays
and your company, now there is no way will I purchase from your company for sure. Especially the way she talks and slams the others in the posts.
Not very professional there Tom, must be the same way you run your buisness. Please dont email me back and run your month, if you do Ill share your
emails on the Board of Directory


Albino Orca <[email protected]>

9:49 AM (2 hours ago)

to juline
Whatta Clown! REFUND THE DUDE! I see you're new my friend... It's what's right, not throwing your hands in the air and being a baby. Call me if you wanna quit tapdancing... Okies! 602-3**-**52, I hate playing game with babies like u surely seen to be...

Sent from my iPhone

I HOPE SOMEBODY FINDS SOME RELEVANCE TO THIS CHAIN!​
 
as Andrew said your tort died after one week , it's not your respondsibility , Erik. it is the the breeder fault because the tort did not die in transit and one week passed. The problem how is the breeder taking care for a tort?, and you will not respond for this problem . And Erik received the deadth tort with no full refund , and with the offer $400 something on the value $2800 will expire , it's really shock to hear about this .
It's doesn't matter who is fault but he opened the company , atleast he has to respond 50% for the lost .But he said only give offer $400 some . he's meaning he will be guarantee live animal arrive with small value some hundred and he will not with other big value over thousand . Big big shock.
Good luck Erik . @@
 
Oops, a couple from Andrew were skipped I am noticing. Let me know if anybody cares, I'll get them in there. Should show enough though. It just looks like Tom laid into him first, that was not the case...
 
You can see where this one belongs with the time stamp on it... Or, it would have been the 3rd one from the top. I apologize, I am doing 14 things at once. Sorry!

juline guarino

8:23 AM (4 hours ago)

to me
Huh, well as a customer I want to know the terms and conditions. Ive never purchased from you before and I cant go off
of you saying you never have problems. Problems are unforeseen and can pop up. I was interested in a Boa, but since the terms and conditions
isnt listed nor price of the animals, I will shop else where. Take care.

Thank you, J
 
I have a few question trying to understand the limits of someones TOS.
this was a partial $1000 cash/tort for another tort.
being this was not from the sellers stock was this advertised on the website where the terms are located?
is your TOS sales specific or covers both trade and sales?
was he notified of your terms?written or otherwise.
would the TOS be valid if he does not know about them?

IMO you should atleast be able to guarantee your product arrives alive.
 
mikepanzarella said:
I have a few question trying to understand the limits of someones TOS.
this was a partial $1000 cash/tort for another tort.
being this was not from the sellers stock was this advertised on the website where the terms are located?
is your TOS sales specific or covers both trade and sales?
was he notified of your terms?written or otherwise.
would the TOS be valid if he does not know about them?

IMO you should atleast be able to guarantee your product arrives alive.
Click to expand...

I already posted above on this, TOS that us Breeders use are not legally binding if taken to court. The buyer/user must be sent a link to it and agree to it to be accepted within the community. Courts dismiss these types as they are subject to change which puts them under a browsewrap TOS. Indicating the user/buyer must search the site for the TOS in order to see them indicating they then must Agree. Even ones that are Click to agree dont hold up in court much.
 
Clickwraps aka Clickthrough TOS depending on the judge and how they are laid out can hold in court, as their not as easy to alter. You have seen these types when installing software.
 
mikepanzarella said:
Thank you Rich
I did read your post but there was some confusion from other posts saying they would.
Click to expand...

ApexPredatorBoids said:
I did find an interesting article on the subject.
Click to expand...
The blue text in my quoted post is a link. It elaborates a bit on a couple of common types of TOS agreements, and their legal validity.

It's only applicable if the situation were taken to court; but I'm not entirely sure that TOS which state that the buyer will forfeit any right to compensation, should the carrier mess up, would hold a lot of water in the first place. Since ATC is clinging so desperately to their TOS, even if were to be found lawful to hold a buyer responsible for not receiving his product in its described condition, there seems to be a question as to whether the TOS were actually "agreed to", in the eyes of a court. Just pointing out that the simple fact that there is a TOS page, doesn't automatically absolve ATC from their responsibility to deliver on their end of a deal. As with any legal matter, there is a lot which could easily be open to interpretation.
 
How you think ATC would feel if he ordered couple thousand in Electronics online, Carrier crushed the box, and the Retailer says we don't cover that your SOL.. Bet you any money he wont walk from that, hell be pissed and take to court. Its that simple, Until the product is in the hands of the customer and satisfied you as the seller are responsible for everything on DOAs or Damage
 
Would ATC's TOS even apply here, since it wasn't his animal? What are the TOS of the (imaginary/fictitious/unidentified ) breeder? Either way, the OP needs to be refunded immediately. But obviosly ATC is less concerned with his reputation and long term viability than he is $$. Take him to court.
 
The tort that was sent out died a week later?
This complicates things by atc he is responsible for the tort that perished in shipping ( my opinion) he took ownership according to him
And would also be responsible for the tort that died a week later as it came from his company with out quarantine
Wow what a mess
 
mikepanzarella said:
The tort that was sent out died a week later?
This complicates things by atc he is responsible for the tort that perished in shipping ( my opinion) he took ownership according to him
And would also be responsible for the tort that died a week later as it came from his company with out quarantine
Wow what a mess
Click to expand...

I have my doubts about the other Tort dying. After reading Andrew's feeble attempts to deflect blame, I just do not trust him. Anyone reading this thread
would be crazy to buy anything from him as he has proven to be shady. He may be a great seller when nothing goes wrong, but if anything happens, you are on your own.
 
They don't call them "UPS" (pronounced "OOPS") for nothing....NEVER use them for live animal shipments....TWICE they have almost killed snakes coming to me.....driver as well as supervisors claim NO responsibility....absolutely unacceptable.....
 
mikepanzarella said:
The tort that was sent out died a week later?
This complicates things by atc he is responsible for the tort that perished in shipping ( my opinion) he took ownership according to him
And would also be responsible for the tort that died a week later as it came from his company with out quarantine
Wow what a mess
Click to expand...

Hard to argue if ATC states a 5 day guarantee. Should they want anything more than that themselves. After all, ATC received the tortoise, therefore it was their property. They should not have passed on a tortoise if they thought it was sick.

Complicated. Yes.
 
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