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Dan Scolaro bad guy.

How is the fact that the shipment got sent to the wrong address being handled? The fact that it had happened and could have definitely contributed to the demise of the one skink shouldn't fall on Luc.

I think refunding Luc for the dead skink would be the right thing to do. Further, it puts an end to future dealings between you two for any replacement animal.

Dan, I think Luc shouldn't be the one to absorb the negative impact of the skinks going to the wrong address.
 
Alan:

Your opinion is appreciated but I am not sure you read the entire thread.

In short, I do not think that any customer should bear the full weight of shipper delays and that is why I waved the guarantee to include a free skink (5 skinks for the price of 4) regardless the outcome of the one that arrived perhaps dehydrated from the delay in shipping.

After threats and attempts of extortion by Luc and his father Matt for monies and more than the terms of purchase and my offer, the offered was retracted. I told his father I would rethink the extended offer this summer but he started a bad guy thread so followed through with his childish attempts to extort funds for a skink he is not entitled to for a replacement nor refund.

Seller's should not be intimidated or threated when they are nice enough to extend the guarantee, much less be threated and extorted for cash for something they are not entitled per the purchase agreement.

Dan


How is the fact that the shipment got sent to the wrong address being handled? The fact that it had happened and could have definitely contributed to the demise of the one skink shouldn't fall on Luc.

I think refunding Luc for the dead skink would be the right thing to do. Further, it puts an end to future dealings between you two for any replacement animal.

Dan, I think Luc shouldn't be the one to absorb the negative impact of the skinks going to the wrong address.
 
Dan,

I read the whole thread. The customer shouldn't bear any weight when someone acting on the seller's behalf sends the animals to the wrong address. They are not contracted under the buyer, they are performing functions for the seller.

It seems that you are using the fact that the father and son team aren't the best customers as an escape route for doing the right thing.

Condition A: package got sent to wrong address and was there for 3 days. That is not the buyer's problem. Talking about conditions B through Z that happened that made you upset doesn't cover the fact that someone acting as an agent for you made an error.

Luc made some other errors but 2,3, 4 wrongs on his half doesn't cancel out the one that preceded it.

Advice for buyers: Have a TOS covering purchases as well. Accepting animals that sat somewhere for 3 days might be setting you up for failure.
 
Now if the shipper had been contracted under the buyer then the delay would be on him to address. The shipping agency wasn't working for Luc, it was working for Dan.

I still feel Luc should be refunded the cost for the dead skink. That skink doesn't reflect on its how it's health was from Dan. With him reporting it the next day I don't think it reflects on Luc's care. The parties between the buyer and seller are where the issues lie. Since they were contracted through the seller, it is the seller's responsibility to look for reimbursement, etc from them.

It is how a seller handles a bad customer that shows character, anyone can can look good when dealing with good customers.
 
Alan, while I agree Dan is still weaseling out of full blame for the carrier error, Luc eliminated any chance of retribution for accepting Dan's offer for another skink in the summer, or even before that, when he said the animals were fine after being at the pet shop for 3 days. He should have had them returned, if not the one that was dehydrated. But that's in the past, and isn't going to happen now. Luc/his father's apparent threats aren't going to make any vendor want to refund them, nor should Dan refund the money for the single skink because that would impress upon the idea that threats get you something. Both parties aren't trustworthy at this point for me. One's got evidence, but seems to be missing other information and admitted to lying, and the other's got no evidence.

It's time for Luc and Matt to apologize for this bogus thread.

It's quite clear that the terms of purchase were met and were extended to offer an additional skink, and their threats backfired to void any extension.

No seller/buyer should be intimidated to succumb to such threats and an apology is in order.

Dan

Apologies are much more fulfilling when you demand them, eh Dan?
 
spawn said:
He should have had them returned, if not the one that was dehydrated.
Click to expand...

Honestly.....is that REALLY the best idea? The animals have already been in limbo for days, one already suffering from dehydration, and you want to throw them back into more shipping?

What if they then had died in transit, before Dan received them back? Who takes the loss then? Forgetting the monetary aspect, haven't the poor critters suffered enough stress?
 
When you start adding caveats to integrity, it doesn't make it right.

Ponder:

Is this thread by Luc correctly titled?
Is the thread by Dan about Luc correctedly titled?

I think it may become that they are both right.
 
Cat_72 said:
Honestly.....is that REALLY the best idea? The animals have already been in limbo for days, one already suffering from dehydration, and you want to throw them back into more shipping?

What if they then had died in transit, before Dan received them back? Who takes the loss then? Forgetting the monetary aspect, haven't the poor critters suffered enough stress?
Click to expand...
Cat,

I'd say we are talking about the business side of things. Obviously not good for the animals but this seems to be a TOS, business ethics thread now.
 
Of course, that would be why I asked if they died on the way back to Dan, who would take the loss. That would be part of the business, would it not?

And personally, I think that if you are in the business of selling living things, the well being of the animals and purposely doing something to endanger that IS part of your business ethics. But of course, that's JMO.
 
Cat_72 said:
Of course, that would be why I asked if they died on the way back to Dan, who would take the loss. That would be part of the business, would it not?

And personally, I think that if you are in the business of selling living things, the well being of the animals and purposely doing something to endanger that IS part of your business ethics. But of course, that's JMO.
Click to expand...
Unfortunately many times it isn't. Just look at animal welfare when no money is involved. Now add in $.

In that example, if I was the seller, I wouldn't ask for them back. I'd offer to provide a refund or timely replacement as both can agree upon.

DTS Herps, Inc. -

"GUARANTEE: There is a live arrival guarantee on all reptiles when delivered on time with express service and an unconditional two-week health guarantee on all captive born snakes. All wild caught specimens are medicated for any potential parasites. "

That portion of Dan's TOS protects him but doesn't protect the buyer at all. Most TOS only pass on the responsibility to the buyer when errors of commission/omission happen at their end (signature waiver, buyer not available for 1st delivery attempt.)

The whole shipping process has the portions where both parties can be at blame.

This whole thread can be boiled down to whose shoulders does the 3 day delay caused by the wrong address on the package fall onto.
 
Dan gave me a gaurantee that I had 48Hrs to contact him if there was a problem...Which I did. He stated he would replace them. He pulled that "He's Harrasing me" nonsense which he pulled before on someone else. Then got off the hook by saying that it was my fault due to harrasment... I never lied about anything between me and Dan, The only thing I lied about was that My Dad started this post, I came back and told the truth. Read the E-mails and it is clear what he does.
 
Mckenzie_river_reptiles said:
Dan gave me a gaurantee that I had 48Hrs to contact him if there was a problem...Which I did. He stated he would replace them. He pulled that "He's Harrasing me" nonsense which he pulled before on someone else. Then got off the hook by saying that it was my fault due to harrasment... I never lied about anything between me and Dan, The only thing I lied about was that My Dad started this post, I came back and told the truth. Read the E-mails and it is clear what he does.
Click to expand...
Well I wouldn't throw out the Harassing comment because you were harassing the guy, he told you he would replace it come summer and you kept after him. He asked you to stop and you just kept after him. In his place I would have been fed up with you too. I would have sent you a refund for the one animal and told you to never contact me again but that's just me. You act like a 3 year old and that gets annoying !

If Dan refuses to do anything for you I for one wont hold it against him but if he refunds or gets you another animal it would make me think more highly of him. As dealing with you must be like getting a Root Canal with out the needle first. Randy
 
ravensgait said:
I would have sent you a refund for the one animal and told you to never contact me again but that's just me. Randy
Click to expand...
And I think thats thew difference that would make you thebetter person if this deal had been between Luc and yourself. :thumbsup:
 
Randy,

I kept after him because I did not know if he was going to "replace" the animal. That word "replace" means that he replaces the animal....An 06 pink tongue skink, and he pays for shipping.
 
Alan: Well a better person would not sway when confronted with intimidation tactics. My last email to the father Matt was that I would consider providing a free skink when I received more from the breeder, and his repy to thank me for such great consideration was to attack with this bogus thread. So go figure why that man is such a nut case.

Randy: Thanks for your comments, but why refund any money when it's not part of the guarantee and the skink was perfect and healthy when it was shipped? I am a retired Naval Officer and financially secure, but don't feel as though giving him his money will benefit the industry as he will smirk and try the same scam on other folks, so perhaps the boy needs a lesson that he cannot run his mouth and get away with it. Are you saying to give in to intimidation and threats? Again, you have not viewed all the emails and know all of the information. The buyer is afraid to present it because it makes him look bad and I really don't have time to piece it all together. Would you give a refund to someone who threatened to allude to robbery of your reptile collection as they did or would you rather give them a swift kick in their behind? I guess the latter, so we can leave it at that.

Dan
 
Dan Scolaro said:
Would you give a refund to someone who threatened to allude to robbery of your reptile collection as they did or would you rather give them a swift kick in their behind? I guess the latter, so we can leave it at that.

Dan
Click to expand...

Dan, I would be interested in seeing that particular email with the headers attached.
If you could post it or forward it to me and I'll post it as received.

Thanks..
 
Dennis:

This was the father's letter to threaten and intimidate to extort money for something he was not entitled to.

Dear Dan;
My name is Matt Cauthorn and I have been involved with working with various animals since I was a young boy, I am now 47 years old and have done quite well for myself in Realestate development.
To cut to the chase I have read all of the back and forth e-mails between you and my son luc, I have always warned him to check the persons background before making any agreements with anyone, with you Sir he didn't and now he is paying for it and it has been a good lesson for him.
I got out of this buisness for just this reason, I can remember talking to Applegate, ernie wagner, bob clarke, terry vandeventer and others when we started to see so many scam artists and we where all very bummed because it was something we all loved to do, but it just became a real constant anger we would experience at times, Hell Bob had most of his collection stolen, ron tremper likewise has suffered.
This is what you need to know; We are in the process of contacting the other people that have complained against you and I am taking care of the attorney fees which will be part of the judgement so I will recoup those at some point.
Do you understand at all what you have done? or are you amoral and without any sense of right and wrong.
I am going to give you 7 days from today so Dan that would be the 11th this will give you time to take all of your e-mails to your Attorney, after you are told that you would be smart to keep your obligations at that point I want full payment for the animal that came in unsavable and died the next day because YOU sent them to the wrong place and they just sat there.
I would encourage you to seek counsel but that is up to you.
But know this I have already contacted my Attorney and spent 60.00 which I am willing to forgive that if you play nice,than you can move on otherwise you will receive from me whatever it takes to get a Judgment against you and believe this at your own peril; my pockets are much deeper than yours.
Warmest Personnal regards,
Matt Cauthorn
The attorneys Phone # that will be handling the case Donald A Loomis (541)344-8333
 
Dan,

I wouldn't have replied to anything in this thread then. It may come back to haunt you. Once he through the legal thing out there I would have clamped up.
 
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