In Reference to the Allegations made on the B.O.I.
1. Derek Chang ( Chang Yin Hao )
Derek Chang has ordered from us on several occasions, he does currently have a credit of $1245.00 USD with AHR. In order to claim this credit, Derek Chang must use this credit towards the purchase of any items we currently have in inventory.
Derek ordered some ball pythons in or around March 2008, at the time we stated to him that CITES could be anywhere from 10 weeks up to 6 months and that it was very unpredictable. He agreed to the purchase and offered up a deposit.
There were also other non-CITES animals within that order, it was agreed upon that we would ship any non-CITES animals first while awaiting for the proper permits for the CITES listed animals.
The non-CITES animals were shipped on 7/24/2008. From the time the order was originally placed in March 2008, Derek was making payments between then and June 2008, the last payment from him was received in June 2008.
We could’ve shipped the non-CITES animals sooner than 7/24/2008, but at Derek’s request, held it off because he was planning to be in Vietnam for a few weeks and would not be around to accept the order.
When he received the order, he notified us that 2 of the snakes were missing, in previous orders, he had also notified us that certain animals were missing. I gave him the benefit of the doubt and gave him credit on the animals he claimed were missing as I’ve done with him on previous orders. But by now I get the sneaky suspicion that either someone at customs in Taiwan is getting a 5 finger discount or possibly Derek himself.
Almost immediately after he receives this order, he starts building another order with us on 7/28/2008. for non-CITES animals. Keep in mind that he still has a outstanding balance with us for Ball Pythons that we’re awaiting for CITES permits.
During the period from 7/28/2008 through 09/21/2008, Derek also placed orders from other vendors and had them shipped to us for “holding/forwarding”, this isn’t something we typically do, but we figured since he still had a outstanding order with us, we would provide this out of courtesy. During this period of time, he was also still making payments on the order he made on 7/28/2008.
On 10/15/2008, I received this email from Derek,
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
-----Original Message-----
From: M9571003 [mailto:
[email protected]]
Sent: Wednesday, October 15, 2008 1:12 AM
To:
[email protected]
Subject: double-wins way
Hi Alex,
Why my cites take so long? My friend started his permit on June, and received on Sep. Can you tell me the reason?
After calculated, I paid a total of $15400 to your account. The last shipment is $5202.5 (snake's price). The final balance around $10000~$9500.
I have an idea now. I will to buy some corns, the amount around $5000~5500.
The most important! I still want my cites order, but I need a part refund($3000), other money is deposit for my order. After you got my cites, I will pay all payment right away and deal this business. Can you accept my idea? I think it will be double-wins way. You can do more business, I can sell more snakes. Let me know your answer.
Derek
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
Based on the fact that he promised to complete the ball python deal once the CITES permits were received, I allowed him to use the deposits he already made towards other non-CITES animals, we never intended to issue a refund, we always intended to and stated that we would issue credits towards other animals. Those animals were all shipped 11/06/2008 to a dealer in Florida whom Derek requested to use as his exporter, instead of having us do the export. After this shipment, Derek had requested a “account balance”, I quick looked into our QB software and it stated 2150.00, this was prior to receiving and inputing a bill from our customs broker in Florida in the amount of 905.00 for freight forwarding, customs clearance and USFWS inspection fees. After the input of this bill, is credits as of today are $1245.00 USD
On or about 12/05/2008 we received a CITES permit for all of the Balls and Boas Derek ordered from us, we forwarded a copy of the CITES permit to Derek and requested that he complete the transaction, he refused to complete the transaction citing that too much time had passed and that all of his customers were backing out on him. I stated to him that he was trying to do to us exactly what he was complaining his customers were doing to him. I reminded him that he agreed to complete the transaction and that I gave him credits on his payments towards other animals based on the fact that he was going to complete this ball python deal.
At this point in time, we also stated to him that we would absolutely honor the credit he has with us, but the only way he would be able to claim it is to make a purchase in the amount of his credit. This was the best we were willing to do since he did NOT come through and finalize the ball python deal with us.
2. Richard Van Vondel
Richard ordered from us twice. The first order was in June of 2008, he ordered 15 geckos from us at that time. We HAND DELIVERED these geckos to him at the Terraristika Hamm show in Germany in September 2008. At the time of delivery he had the opportunity to inspect and look them over, he accepted delivery and took possession after looking at them. At no time did he mention or state that the animals were not what he agreed to or what he expected. He told me that they all looked great and that he was happy with them.
On 9/15/2008 ( 2 days after the Hamm Show ), he contacted us again to make another order for 5-6 geckos. He did not mention any unhappiness with the geckos he picked up from us on 9/13/2008 at Hamm, he stated again that he was extremely happy with the last order of geckos and wanted to make another order. This order was to be delivered at the Hamm show in December 2008.
Sometime in late October, I received a email from him stating that he believed one of the sexes and one of the morphs he received in September might have been missexed/labeled and he would like to change the morph/sex of a gecko he ordered on 9/15/2008 for one that would meet his requirements. I updated his invoice to reflect the change.
On 12/1/2008 I sent him a final invoice for his order and let him know that we were scheduling shipping to our exporter in Florida so our exporter could get the animals over to Hamm. UPS tracking number 1Z842F640197984171 from us to our exporter in Florida. Animals were shipped on 12/04/2008 and accepted by our exporter on 12/05/2008.
On 12/05/2008, Richard sent us a barrage of emails stating that he would not accept delivery of the geckos in Hamm because geckos from the previous order were mis-sexed, dead or had other issues. This is the first time we heard any of this since 9/13/2008. He stated that he lost 2-3 geckos from that first order and that another 2-3 were mis-sexed, and some were not growing properly…etc.
I was furious that he was trying to back out of this deal at the last minute, especially since we had already shipped the geckos to our exporter. I had to quick call my exporter, have him pull those geckos out of a shipment and UPS them back to me. This all cost money to do.
I emailed him back that same day to let him know I was extremely pissed that he pulled that crap at the last minute, I will admit that I was extremely annoyed and angry when I replied because he alleged that he had all those problems with his first order yet we didn’t hear a single thing about it until the day we shipped his 2nd order. He had between 9/13/2008 and 12/01/2008 to cancel or make his unhappiness known, but he didn’t say anything until the geckos had already left my place and were at my exporters.
He also mentioned that he needed money to buy gifts and other things due to the holidays being around the corner.
I stated to him that after all the crap he pulled at the last minute, the only thing I was willing to do was send the geckos to the next Hamm show, he still continues to refuse acceptance of them.
As soon as he accepts shipment of the geckos, we’ll gladly send them to Hamm for him to pickup. At this point in time, I am not inclined to refund anything due to the circumstances he created.
3. Erik Haguewood
I have no idea where this one is even going, Erik ordered, asked for a payment plan, finished the payments, we shipped on 1/20/2009, he accepted, we received a few emails after that asking for feeding instructions and to let us know he picked up a mate for her.
He didn’t make any mention of being dissatisfied, if he was dissatisfied, I really wish he would’ve let us know right after accepting delivery or within a reasonable time frame.
4. Samurai Japan
This one is real “tricky” and legal actions have been commenced, I’ll make this one right to the point…..they ordered a bunch of ball pythons, in excess of 120,000.00, tried to cancel and back out of 70,000.00 after we already made 2 shipments to them and after we held them for a number of months. They commenced legal action on 4/3/2008 retaining attorneys in order to bring suit or legal action against us, since then, they have retained in excess of 3 firms/agencies. In every instance, their attorneys were forwarded to our attorney whom provided them with all the info we have, in every instance their legal representation have ceased or declined to pursue this further with us. At this point in time, I believe they have retained another firm in the last 2-3 weeks.
I don’t have a problem shipping every single last ball python they ordered from us just as long as they complete this deal and pay us the balance based on those agreed prices.
I don’t know how much more I can or cant say since they initiated legal action. But I will say that I am more than willing to work this out with them, but they have tied my hands by initiating legal action that has gone nowhere for them. For as long as they think legal action is the way to go, then I have no choice but to remain silent on the matter and allow my attorney to handle it and file any counter claims necessary.
Bottom line is we run a bonafide business, I cant be bent over backwards every single time someone threatens me with going to the BOI, legal action or anything else. I’ll be the first to admit that my temper gets the better of me on quite a few occasions and I’m stubborn as a mule, but when I believe I’ve done the right thing, then there is no changing my train of thought.
It’s a catch 22, if we put our foot down…we get ran through the mud, if we don’t then we lose our asses off.
Its of no consequence to anyone, but I’ve had some personal and family issues I’ve been dealing with for the past 4-5 months, Heather has been great at taking on most of the workload and issues that arise, but the truth of the matter is, I’m sure I’ve pretty much run her into the ground too.
As of right now, we do not have internet service, we recently just moved and not all of our services are online yet. Not to mention I’ve been living in Indiana 5-6 days out of the week to take care of my ill mother and her restaurant. This really wears a person down, more so then anyone who hasn’t gone through it would realize.
People will always have something to say, you know how the Saying goes…”opinions are like…….everyone has one”. If anyone needs emails or anything else to back up anything I’ve stated in this letter, I’d be more than happy to provide it, but please bare with me as its difficult for me to do things right this second…it may take me a few days to respond.
Thanks to the people who painstakingly copied this thread into email so I had a chance to view and reply.
Thanks RichZ for allowing a reply in this format, its much appreciated.
Alex Hue