Anyway since Dan has decided to go his usual way as a ranting loon I'm going to go ahead and submit my evidence for scrutiny here are the emails pertaining to the matter at hand. I have also attached a copy of my complaint to IC3 and photo evidence for showing the condition of the animals that were shipped
From:
[email protected]
This message may be dangerous. Learn more
Sent: Sun 7/06/08 9:36 AM
To:
[email protected]
Below is a copy of the mesage you sent to DTS HERPS, INC.
*************
NOTE: This message was sent to you via the Kingsnake.com Classifieds. If you feel this message is fraudulent or abusive please forward it to
[email protected].
NOTE: DO NOT flag this message as SPAM/JUNK as your ability to receive legitimate messages from Kingsnake.com Classifieds may be compromised
*************
Hi I was wondering if you still had some of those marine file snakes available. I was interesting in getting a trio.
Attachments, pictures, and links in this message have been blocked for your safety. Show content
Re: Message about: Blue Marine File Snake's: $250
From: [email protected]
You may not know this sender.Mark as safe|Mark as junk
Sent: Sun 7/06/08 9:51 AM
To: [email protected]
Hello: Yes, I have a dozen remaining. It would be $810 shipped for 1.2 trio of them.
My paypal is [email protected]
Thanks.
Dan
(No Subject)
From: Juan Gracia (
[email protected])
Sent: Thu 7/10/08 10:36 AM
To:
[email protected]
Hi I was just wondering if you received the payment for those File Snakes? Thanks.
Juan
Re:
From: [email protected]
Sent: Thu 7/10/08 10:42 AM
To: [email protected]
Juan: Yes, I did get the payment yesterday and am scheduled to ship Monday as you requested to the address below. I will send a tracking number Monday night. Thanks.
Dan
Juan Gracia
1142A Gravel St
San Marcos, TX 78666
TRACKING NUMBER
From:
[email protected]
Sent: Tue 7/15/08 4:16 AM
To:
[email protected]
Juan:
The FEDEX tracking number is 865633436135 and is scheduled to arrive Tuesday per priority service and may be tracked at the link below after 5:00 PM eastern standard time.
For live arrival guarantee, please email or telephone that your shipment arrived in good condition within an hour of delivery, even if delivered early or delayed.
Part of my job is to ensure your order is delivered on time. Should there be any delay, I will coordinate the delivery with FEDEX. If your package is late for any reason, please email or telephone me and allow me to contact the shipper and coordinate its delivery. If I do not respond immediately, I will shortly afterward and keep you informed of the delay and its delivery.
Click here: FEDEX
Thank you.
Dan
DTS HERPS, INC.
5970 SW 18th Street
Suite 245
Boca Raton, FL 33433
954-426-8268
Click here: Dan's World
SHIPPING
From: [email protected]
Sent: Tue 7/15/08 8:29 AM
To: [email protected]
Jon, the shipper missed getting to FEDEX so what is another good day to ship this week?
Dan
RE: SHIPPING
From: Juan Gracia (
[email protected])
Sent: Tue 7/15/08 9:00 AM
To:
[email protected]
There is no other good day. my roommate is only off on Mondays and Tuesdays. the rest of the week he works all day. I'm still in Alaska and won't be back till around August so I'm not around to receive them. This isn't that big of a deal I guess just ship them next week.
Juan
Re: SHIPPING
From: [email protected]
Sent: Tue 7/15/08 9:06 AM
To: [email protected]
OK, sorry, and thanks for your understanding. However the case, I can always ship to a fedex pickup station near your address so no one has to be waiting to pick the box up. For example, the place below is near you and opened until 11 PM, so we can ship them there if you want tomorrow. Just let me know or we will aim for Monday next week.
Dan
FedEx Kinko's
FedEx Office & Print Center
301 N Edward Gary St
San Marcos, TX 78666
(512) 396-1559
View details, directions & map
1.05 miles
RE: SHIPPING
From: Juan Gracia (
[email protected])
Sent: Tue 7/15/08 4:08 PM
To:
[email protected]
Alright thanks. let me ask my friend how he wants to do it and I'll get back to you. Thanks
Juan
RE: SHIPPING
From: Juan Gracia ([email protected])
Sent: Tue 7/15/08 5:58 PM
To: [email protected]
Hey so I talked with my friend and we both agree that it would be best for the animals to just ship next Monday. In my experience the shipoping services have always been notoriously unreliable plus having the snakes sit around all day in a delivery services with the Texas heat and a bunch of hicks around makes me very nervous. so no worries just ship them next Monday. Thanks.
Re: SHIPPING
From:
[email protected]
Sent: Tue 7/15/08 10:02 PM
To:
[email protected]
OK, we will aim for Monday.
Dan
RE: SHIPPING
From: Juan Gracia ([email protected])
Sent: Wed 7/16/08 12:03 AM
To: [email protected]
I'm heading out to the Arctic Circle in the next day or so. I'm not sure about my ability to communicate once I leave here.so just in case I'll give you my friend's phone nunber and email address so things can be coordinated in the event there are anymore problems and I'm without a method of communication.
His # is 512-392-0432, his email address is [email protected], and he goes by L.B. thanks.
SHIPMENT
From:
[email protected]
Sent: Sun 7/20/08 7:50 PM
To:
[email protected]
Jon, all is set to ship tomorrow for Tuesday delivery.
Dan
RACKING NUMBER
From: [email protected]
Sent: Tue 7/22/08 1:26 AM
To: [email protected]
Jon:
The FEDEX tracking number is 865633436043 and is scheduled to arrive before 10:30 AM per priority service on Tuesday morning and may be tracked at the link below after 5:00 PM eastern standard time tonight.
For live arrival guarantee, please email or telephone that your shipment arrived in good condition within an hour of delivery, even if delivered early or delayed.
Part of my job is to ensure your order is delivered on time. Should there be any delay, I will coordinate the delivery with FEDEX. If your package is late for any reason, please email or telephone me and allow me to contact the shipper and coordinate its delivery. If I do not respond immediately, I will shortly afterward and keep you informed of the delay and its delivery.
Click here: FEDEX
Thank you.
Dan
DTS HERPS, INC.
5970 SW 18th Street
Suite 245
Boca Raton, FL 33433
954-426-8268
Click here: Dan's World
RE:
TRACKING NUMBER
From: Juan Gracia (
[email protected])
Sent: Tue 7/22/08 5:22 AM
To:
[email protected]
Alright, thanks. Hey I was wondering if you had any care sheets for the file snakes, or if what's worked for you while you've had them. I've looked up info on them on the net but there doesn't seem to be much out there. Also I was wondering if you have anymore of those guys available. I get paid in a couple of weeks and if things are going well with these for I might want to get a couple more. Thanks.
Re: TRACKING NUMBER
From: [email protected]
Sent: Tue 7/22/08 11:09 AM
To: [email protected]
Jon, These marine file snakes are the first ever imported so there is no care sheets available on them. I keep them in a salt water tank and use a heater to warm the cage to 83 degrees and they need a tube light of course to replicate the sun and keep it busy with sailfin mollies which can tolerate the salt water. I do expect another group in two weeks and would be glad to let you know when they arrive. Thanks. When you make it back, we can speak on the phone to share our experiences keeping them to better learn how to keep them.
Dan
FW: pics
From: Juan Gracia (
[email protected])
Sent: Tue 7/22/08 9:16 PM
To:
[email protected]
5 attachments
Filesnake...jpg (497.4 KB), filesnake...JPG (133.3 KB), filesnake...JPG (171.5 KB), Filesnake...jpg (470.4 KB), Filesnake...jpg (197.9 KB)
Hi, here's some of the pictures. LB will get a picture of the one with the lesion.
> Date: Tue, 22 Jul 2008 12:47:42 -0700
> From:
[email protected]
> Subject: pics
> To:
[email protected]
>
> pics
>
>
>
FW: pics
From: Juan Gracia ([email protected])
Sent: Tue 7/22/08 9:17 PM
To: [email protected]
5 attachments
Filesnake...jpg (518.4 KB), Filesnake...jpg (108.4 KB), Filesnake...jpg (133.6 KB), Filesnake...jpg (133.4 KB), Filesnake...jpg (131.4 KB)
here's some other pics
> Date: Tue, 22 Jul 2008 12:52:54 -0700
> From: [email protected]
> Subject: pics
> To: [email protected]
>
> pics
Re: FW: pics
From:
[email protected]
Sent: Tue 7/22/08 9:25 PM
To:
[email protected]
Jon, I am VERY SORRY that happened. My shipper is in Texas and I will give you 4 new specimens in perfect shape.
Dan
(No Subject)
From: Juan Gracia ([email protected])
Sent: Thu 7/24/08 4:33 AM
To: [email protected] ([email protected])
Hi Dan, I spoke with LB a little while ago. He said you'd tried to contact him but weren't able to. unfortunately he works from pretty early in the morning to late in the evening. So I gave him your number so he can have a way of contacting you back, or you can try to call him again if you like but he doesn't get home until around 8 pm. This is also going to affect his ability to ship those animals back since Fedex closes @ 9 and the nearest fedex center is in another town. So the soonest he'll be able to send those guys back will be on Monday which is his day off.
He also told me that the snake with the lesion died just a little while ago. also the other two snakes, although they're still alive the fungus spots have increased considerably in size probably related to transit stress. As far as I've read from the little that's out there about captive husbandry on file snakes this fungus is pretty difficult to treat, almost impossible to cure and is usually deadly so I don't know how well the last two are going to hold out considering the infection has progressed so quickly in just a day.
Lastly, when you send me some new animals, If you could please send me those with the blue striping I would greatly appreciated. Out of the ones I got two had the blue stripes and the other two were completely black. I don't mind if I have to wait for the new batch to arrive if that's what it'll take to get those types of animals. I just really want to work with that type of genetics.Thanks
Juan
Re:
From:
[email protected]
Sent: Thu 7/24/08 2:21 PM
To:
[email protected]
Jon, well tell him to hold them to not waste money shipping them back to the fellow in texas and we will send 4 new blue ones to you and sorry about this. I told the fellow to get ahold of LB and get them shipped back and he is giving me debate over what he thinks was good to ship so we will just ship new stuff out when the new shipment arrives in a couple of weeks and make sure they are blue.
Dan
In a message dated 7/23/2008 11:34:16 P.M. Eastern Standard Time,
[email protected] writes:
Hi Dan, I spoke with LB a little while ago. He said you'd tried to contact him but weren't able to. unfortunately he works from pretty early in the morning to late in the evening. So I gave him your number so he can have a way of contacting you back, or you can try to call him again if you like but he doesn't get home until around 8 pm. This is also going to affect his ability to ship those animals back since Fedex closes @ 9 and the nearest fedex center is in another town. So the soonest he'll be able to send those guys back will be on Monday which is his day off.
He also told me that the snake with the lesion died just a little while ago. also the other two snakes, although they're still alive the fungus spots have increased considerably in size probably related to transit stress. As far as I've read from the little that's out there about captive husbandry on file snakes this fungus is pretty difficult to treat, almost impossible to cure and is usually deadly so I don't know how well the last two are going to hold out considering the infection has progressed so quickly in just a day.
Lastly, when you send me some new animals, If you could please send me those with the blue striping I would greatly appreciated. Out of the ones I got two had the blue stripes and the other two were completely black. I don't mind if I have to wait for the new batch to arrive if that's what it'll take to get those types of animals. I just really want to work with that type of genetics.Thanks
Juan
Re:
From: [email protected]
Sent: Thu 7/24/08 2:55 PM
To: [email protected]
when might you make it back so we can ship later when you are home to receive them?
Dan
Re:
From:
[email protected]
Sent: Fri 7/25/08 4:37 AM
To:
[email protected]
OK,
Dan
In a message dated 7/24/2008 11:29:40 P.M. Eastern Standard Time,
[email protected] writes:
Hey Dan, I'm scheduled to be back the first week of September, but there's no guarantee. I might be back earlier or later than that. You can wait until then if you'd like or you can ship them to LB again. I assure you LB's perfectly qualified to take care of the animals. He's been keeping snakes for at least ten years and he's been taking care of all my collection for the past couple of years when I go off to work. Like I said, whatever you prefer is fine,Thanks.
(No Subject)
From: Juan Gracia ([email protected])
Sent: Sun 8/10/08 2:26 AM
To: [email protected]
Hey Dan, this is Juan I was just wondering if you ended up receiving that new shipment of snakes? Thanks.
Re:
From:
[email protected]
Sent: Sun 8/10/08 9:14 AM
To:
[email protected]
What shipment was that? File snakes?
Dan
RE:
From: Juan Gracia ([email protected])
Sent: Sun 8/10/08 7:02 PM
To: [email protected]
yeah, you'd told me you were supposed to be getting a new shipment of file snakes a couple of weeks after I last spoke with you and I would get 4 new healthy snakes sometime after that.so I'm just wondering because I have'nt heard from you,Thanks.
Juan
Re:
From:
[email protected]
Sent: Sun 8/10/08 7:06 PM
To:
[email protected]
Juan, oh, it is you. Yes, they arrive wednesday. Sorry I forgot your email address and was confused. How are the other 2 doing?
Dan
RE:
From: Juan Gracia ([email protected])
Sent: Sun 8/10/08 7:49 PM
To: [email protected]
well the other blue one died from the fungus infection. there really isn't any kind of medication being offered to treat fungus on aquatic snakes so I told LB to try a couple of medications used for fish but they're not readily available so by the time he was able to get some meds it was too late for that one. the black one is doing ok, it still has fungus and the meds seem to just be keeping the spots under control but haven't really cured it, so I'm looking into a couple of other meds I know are pretty safe before trying some of the more toxic stuff and maybe I'll be able to save that last one but I guess I'll see what happens. I guess let me know what you decide when it comes to shipping date. I'm still up in the arctic, I'm supposed be getting a break in a couple of weeks but there's no guarantee they'll send me home for the break. so LB might still end up having to receive them, which is where they're gonna end up anyway once I come back to work. If you want to wait to ship until my break that's fine by me also. Thanks
Re:
From:
[email protected]
Sent: Sun 8/10/08 7:57 PM
To:
[email protected]
well we will send 4 more and will let you know in a week
Dan
File Snakes?
From: Juan Gracia ([email protected])
Sent: Sat 8/23/08 3:22 AM
To: [email protected] ([email protected])
Hi Dan, it's Juan again. I wanted to let you know that I just found out that I'll be staying up in the Arctic for at least another month so if you can go ahead and ship those four File Snakes to LB this Monday he'll be home to receive them on Tuesday. Thanks.
Re: File Snakes?
From:
[email protected]
Sent: Sat 8/23/08 10:16 AM
To:
[email protected]
Well we are still waiting on the new shipment of blue file snakes and do expect the permits to get approved next week or two so will of course let you know when we can ship them,
Thanks.
Dan
RE: File Snakes?
From: Juan Gracia ([email protected])
Sent: Mon 8/25/08 5:56 PM
To: [email protected]
Hi, that's not a problem, I understand. Just to let you know though I just switched vessels up her where I'm at and the communications on this boat really suck so if you can coordinate with my friend LB about the shipping when those animals coome in I'd appreciate it. I gave him your email address that way he can stay in cantact with you. Thanks.
(No Subject)
From: Juan Gracia (
[email protected])
Sent: Thu 9/18/08 7:31 AM
To:
[email protected] (
[email protected])
Hey Dan It's Juan again. Just trying to find out what's going on with those File Snakes? Thanks
Re:
From: [email protected]
Sent: Thu 9/18/08 7:59 AM
To: [email protected]
The exporter has been having some issues with getting the export permits approved but we are working very hard on getting another shipment soon. When are you due back?
Dan
RE:
From: Juan Gracia (
[email protected])
Sent: Fri 9/19/08 6:09 AM
To:
[email protected]
We'll my contract just got extended again so maybe sometime towards the end of October. Although It's probably a safer bet to say I'll be back in November since that's when the ice is gonna shut us down.
Juan
(No Subject)
From: Juan Gracia ([email protected])
Sent: Fri 10/17/08 10:28 AM
To: [email protected] ([email protected])
Hey Dan this is Juan Gracia again. what's going on with those File Snakes?
Re: (no subject)
From:
[email protected]
Sent: Fri 10/17/08 5:28 PM
To:
[email protected]
Well the permits are approved for more so the exporter is trying to send more. Are you back yet? How many more did you need? Did any of the 2 keep well.
Dan
RE: (no subject)
From: Juan Gracia ([email protected])
Sent: Fri 10/17/08 9:05 PM
To: [email protected]
Nope, not back yet but I will be by end of the month for sure. Well you had told me I would get four new ones when the new shipment came through. There was actually only one that ended up surviving for any period of time. I treated that one with several different medications but it never got rid of the fungus and eventually died form it.
Juan
Re: (no subject)
From:
[email protected]
Sent: Fri 10/17/08 9:21 PM
To:
[email protected]
Juan: Well we will send 2.2 more but would like to send them when you are home to inspect them if OK with you?
Dan
File Snakes
From: Juan Gracia ([email protected])
Sent: Mon 11/10/08 3:52 PM
To: [email protected]
Hey Dan, this is Juan Gracia. I was wondering what's going on with those file snakes? I'm heading back to work at the end of the week so I need to get this settled sometime in the next few days before I take off again. Thanks
Juan
FILES
From:
[email protected]
Sent: Mon 11/10/08 5:57 PM
To:
[email protected]
Cc:
[email protected]
Juan, here is Justyns email and contact at 817-350-4840. Sorry that happened with the files but please coordinate a delivery etc.
[email protected]
Dan
RE: File Snakes?
From: Intense Herpetoculture ([email protected])
Sent: Thu 11/13/08 1:43 AM
To: [email protected]
No, I am waiting for confirm of the flight for next week.
Justyn Miller Intense Herpetoculture Http://www.IntenseHerp.com
________________________________________
From: [email protected]
To: [email protected]
Subject: File Snakes?
Date: Wed, 12 Nov 2008 20:00:56 +0000
Hey Justin, this is Juan from San Marcos. I was wondering if those snakes came in? Thanks.
File snakes
From: Juan Gracia (
[email protected])
Sent: Thu 11/13/08 8:43 AM
To:
[email protected]
Hey Dan It's Juan again. Unfortunately Justin didn't get the file snakes
He's saying he'll get them next week but I don't imagine there's any guarantee on that considering he's been saying "next week, next week" for the past 5 months. I'm leaving this weekend and this time I'll be out of the states, I'm not sure how communications are going to be in the field, or how long I'll be gone for which is why I told you I needed to take care of this situation in the couple of weeks I was home on break.
You can send me the 4 snakes belonging to you, you had originally told me I'd get, if you like. Although I know you don't want to part with your snakes and I understand that in which case you can just go ahead and paypal me back my money. If for some reason Justin eventually ends up acquiring more animals you can email me and we can try to do business again although that will definitely have to wait until I'm back in the states again. unfortunately my roommate who usually coordinates the delivery/receiving of new animals won't be able to help with such things while I'm gone this time. There are several severe medical emergencies with his family so he's gotta take care of that. Plus I wouldn't feel right burdening him with having to coordinate things like before so for now It's best this whole fiasco gets settled. Thanks
Juan
Re: File snakes
From: [email protected]
Sent: Thu 11/13/08 8:32 PM
To: [email protected]
Juan: Well like discussed, I can ensure arrival of 4 more file snakes if you are present to receive them when they arrive. I personally wised the others were sent directly back when they did not arrive in satisfactory condition as that was apart of the transcations etc.
Dan
File Snakes
From: Juan Gracia (
[email protected])
Sent: Fri 11/14/08 1:12 AM
To:
[email protected]
Actually here's the email where you specifically told me not to ship those animals back. If you remember this was after I spoke to you on the phone about the condition of animals that were first sent to me and how due to their extremely sickly condition the remaining ones would probably not survive the shipping back. It has been five months and no new animals have showed up as of yet so the fact that I haven't been home makes no difference. Also when I first got back home and spoke with you two weeks ago you told me that this situation would be settled by you either you getting me some new animals, or sending me yours, or refunding me my money. You then changed your mind a week later and said you would either refund me my money, or send me 2 of yours along with a partial refund (which I told you would no be acceptable) unless Justin was able to come up with a new batch of animals. You are now telling I have to wait for new animals whenever they happen to arrive even though none of this situation is any of my fault. Like we had discussed, this needs to be taken care of before I leave for work again or unfortunately I will be forced to begin legal proceedings in order to have this situation settled. I would really like to avoid this if at all possible but I'll do what I have to and considering I have every email between you and me (including all the ones where you apologize and admit for being at fault), photos of the conditions of the animals sent to me, and copies of your Kingsnake ad where it specifically states the animals have a live arrival guarantee and they are supposed to be healthy and specifically fungus free I should have no problem getting this resolved even if it takes some time to achieve.
Juan
___
Re: File Snakes
From: [email protected]
Sent: Fri 11/14/08 1:40 AM
To: [email protected]
Juan: There is no progress to dispute the circumstances as I recall emailing and phoning your roommate to get him to send the snakes back, and your telling me he is busy, and then after no contact with him telling you to hold them. Despite that it would be best for all if you were present to receive the snakes, a new shipment will arrive and I am supposed to get 25 of them and I will ensure you get 2.2 sent off in great condition and health and do not like the delay but these are not your typical snakes and are the first ones ever to be imported into the country so working around your time schedule when home was not as hopeful as we could plan. I also do not and will not respond to threats of legal action and such and have been quite honest and open to you and will make sure you are happy with the snakes you receive. I have send several out to aquariums and nature centers and all reports are they are doing fine and people want more of them. None of this went according to plan because if the product was not acceptable, then it should of been returned as I suggested when it started. If they arrive next week I will of course let you know and inspect them myself and send them off to your roommate etc.
Dan
FILES
From:
[email protected]
Sent: Thu 11/20/08 3:05 AM
To:
[email protected]
Juan
Why did you file a dispute on paypal? Why with the FBI? I said I would get the snakes to you?
Dan
FILE SNAKES
From: [email protected]
Sent: Thu 11/20/08 3:49 AM
To: [email protected]
Juan, I told you that you would get the snakes this or next week. Why did you file a complaint? I thought we were working this out? I only advertised them to get some sales going but never said I would not fix the issue. Kingsnake.com suspended my account because you did this? Can you withdraw your complaint with the FBI as I asked the FBI to investigate the matter.
Dan
