Alex, I think we agree on many things ..
And Shanti has addressed much of your issues. You raise a hypothetical, and for reference, here is a chunk of your post:
Lets say that Shanti didnt bring this problem to Brian because of those signs posted in his store and felt that she would get no resolve because of those signs, how many of us would approve a vet visit and re-imburse the vet bills if we didnt even know there was a problem to begin with? she didnt go back to the store until after she had already taken the animal to the vet twice. My guess is she wasnt planning to get a refund, replacement, or store credit anyway.
I believe most people in the "business" of reptiles, require their customers to notify them of any problems prior to a refund, replacement, authorization of a vet visit or any kind of intervention
My view on your question "
....how many of us would approve a vet visit and reimburse the vet bills if we didn't even know there was a problem to begin with?" Speaking for myself, I would not. Outside of my TOS, any other obligation on my part would absolutely require my approval, and that is pretty much a universally held legal standard.
I am a little bit confused by the latter part of your statement, as again speaking for myself, I would be completely in the dark about issuing any refund, replacement, etc, in accordance with my TOS if someone didn't bring it to my attention. I have TOS in my website though. They allow for satisfaction guarantees, live arrival, etc. If they said "No refunds ... no returns .... buyer beware, cause once you buy it ... see ya" (I know, a few liberties taken) then what grounds would I have to be so surprised (aka blind-sided) by someone who took me at my word, and then came to the BOI and said "They sold me a sick animal, and the sign says tough luck!" I absolutely have a thread here, from about two years ago, where I had many good reasons to feel blind-sided, as I mentioned in an earlier post. I gave the thread starter some hell about it (it was about 10 days after they had posted their complete satisfaction with the order .. then things took a bad turn), then ponied up replacements on about $500 worth of animals. Why, because regardless of the culpability of the thread starter, some was mine !! I say it all because I unequivocally practice what I preach here. With his signs, Brian bears a large portion of the responsibility for the way things played out. Any suggestion that Shanti needed to read between the lines, and see that the signs were for "the idiots" (Brian's words ... luv ya anyway too Laura) would have been nice had it happened, but does not shift responsibility off Brian. Not that it matters, but FYI, I think that the maximum responsibility for Brian is the purchase price of the animal, and possibly less.
Brian can choose to stick by his guns all he wants. The ball is tee'd up, and he has a chance to hit it out of the ballpark. If he wants to whiff ..... I won't stop him! I also have no doubt that he is a good guy. But we all make mistakes, and sometimes discretion is the better part of valor, n'est pas ?