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If a seller cannot guarentee live arrival than they should not offer any other option.
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But they do guarantee live arrival just not with every shipping option.
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The animal is the responsibility of the seller until it arrives at the buyers location.
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Assuming there is no hard and fast rule in some seller's hand book somewhere, this must be based upon accepted practices and competition. I have never had an animal come FedEx or any other method the required overnight. I either purchase enough of an inexpensive animal to make Delta worthwhile, buy at shows, or pay for Delta with more expensive animals. I would be hard pressed to blame a seller when given two options, one guaranteed and more expensive, and the other cheaper but no guarantee, when I choose the latter to save money.