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General Business Discussions This is a general purpose forum open to business related topics concerning Reptiles and Amphibians that are neither appropriate for the Board of Inquiry, nor sales, purchase, or trade solicitations. |
08-21-2014, 07:05 PM
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#1
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TOS review
So if this season goes well, I will have a lot of stuff on the classifieds in the new year. So with that in mind I put together a TOS that I plan to stick to with all buyers, tell me what you think of this rough draft.
Terms
https://docs.google.com/document/d/1...p=docslist_api
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08-21-2014, 07:50 PM
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#2
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You have obviously put a lot of time and thought into your TOS, and I like how you are presenting it as a rough draft which means you are amenable to suggestion.
My first suggestion is that you reconsider your position on sexing. When you sell a critter many times your buyer is planning to use it in a breeding program. I think you should guarantee sex for a period of time and replace or refund on solid evidence that you missexed.
Watching a video of you probe with no further guarantee may really hurt your sales in general if a couple of probes come out wrong.
Don't get me wrong, I'm sure you are good at probing. But why not inspire confidence with a better guarantee?
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08-21-2014, 09:58 PM
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#3
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The problem with guaranteeing sex is defining what evidence from the buyer would actually be significant, what if the buyer probes wrong and pierces the membrane in a female, making a probed male? There would also be the problem of retrieving the animal back safely in a timely manner (likely without any real quarantine on the buyer's end), then of course if I did indeed sex correctly, do I offer to return the animal to someone that could not even probe correctly? Right now about the only exception I can think of that I would be willing to stand behind was if the animal in question was proven by me, but if you think there is away for me to be more flexible and still keep the work on my end, the animal's end, and the buyer's end relatively reasonable, then I would consider it.
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08-22-2014, 12:12 PM
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#4
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One critique I would have of your TOS is that it seems a bit of a long read.
What I mean is; while it is thorough, I would not assume all customers will have the attention span to read through and fully understand what is presented. Maybe I am just being cynical, but it is something to consider.
I prefer to present terms in a bullet point format, in as simple a language as possible, but that is just me.
As far as the sexing; take a look at the Constrictors Unlimited TOS (or any well known seller's TOS).
As far as return QT: just have a small QT rack or two at the ready; eventually you will probably have to deal with it so you may as well be ready.
I am in the same boat as you; hoping to have many babies next year. I plan to model my TOS after what the big boys are doing, more or less.
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08-22-2014, 05:58 PM
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#5
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Slight amendments have been made, that is as far as I am willing to go on the sexing guarantee. Most of the people I have dealt with lately are importers that guarantee live arrival and that's it, so I will admit I have not read a lot of breeder TOS. It is wordy and a little tedious, it will hopefully filter out anyone not serious about the purchase.
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08-22-2014, 06:22 PM
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#6
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I haven't taken the time to review the draft, yet; so I may be way off base with this comment. Gender guarantees are not always given, it depends - or should depend - on the ease with which an animal can be accurately sexed at the age they're sold. For example, some breeders of arboreal boids won't probe or pop neonates because of the potential for damage/harm.
A lot of people SAY that gender doesn't change, so a gender guarantee shouldn't have a time limit; but, in reality, few people are willing to make something like that right a year or more down the road. I've received several incorrectly sexed snakes over the years; and I've never received any form of compensation unless I caught it immediately. That said, I've never met anyone that was 100% accurate, 100% of the time, when it comes to sexing reptiles. Set up a reasonable time frame during which the buyer can contact you about such a discrepancy - maybe 2 weeks, as an example. Once notified, you establish the options: return for refund, return for exchange, keep with partial refund, etc; realizing that if you sent the wrong gender, you should eat the return and subsequent shipping because it was your fault. If the customer returns a snake based on a complaint of incorrect gender, and it is found that he/she was mistaken, it is their expense
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