Chamco said:
Chris, we have all had shipments that have gone bad, although many of us strive to keep it at a cost-saving minimum. When one does go bad, and the reason is not obvious, we all raise an eye of suspicion as to whether or not we are being scammed. Many of us, and I am assuming you too, reserve the right ot have the DOA's shipped back, which might not prove the issue if the customer had a freezer-full of prior DOA's to pick from, but it helps minimize our susceptability to being scammed in this manner. I have had animals die from unsecured heat packs (a mistake I only made once). I have seen heat packs malfunction. And I am in that 1% that puts airholes in every box! While you have cited in several posts how every other shipment was OK that day, and that your incidence of problems is very small, the exceptions do occur, and accidents do happen. From all I have seen, with the pictures, etc, I am at a loss to assign a valid reason as to why the animals died (if they in fact did die). I thinks its possible that they did, but am also not ready to say that the claim is legitimate. I believe that I would secure the animals (if you already have, I didn't catch it). I also think that I would keep the idea of a refund as being possible, if remote, until more information is gathered, and people have a little time to cool off.
Yes, from my standpoint I simply denied the claim since these doubts we speak of simply piled up. I could not find one single reaso nwhy this shipment would have been DOA and no others, given they accepted it as they stated. All facts pointed to a false statement or claim, chances are it sat on a doorstep and since we were unable to prove anything due to the customers neglect in taking care of the signature waiver situation we had our hands tied. I read the initial claim when it was forwarded to me, realized all of this, but still did not make any decision. I figured I would go on with my little "birthday festivities" and deal with it when I returned Tuesday, in a much better mood. I was not about to let it ruin my weekend.... Unfortunately when told it would be addressed Tuesday, this person continued to press the matter and flat out ignored his failure to comply with our terms. Even this, even though very disturbing, still did not "seal the deal" and deny his claim.
What did it was the rude comments using his service as a "guilt trip", emails from someone he had contacted, libeleous comments to these people that were forwarded to our attornies, and the threat of legal action. All during this weekend period no less, before addressing the matter as we stated I would do Tuesday. THIS is what motivated me to initially deny the claim and pass it down the line to the folks we pay to handle these matters......
Truth be told I would have come in tuesday to probably approve their claim, a refund, replacement, or credit as I stated previously....
But they took it upon themselves to push the ticket........ Their loss.
The moment anyone mutters anything to do with legal recourse, it gets sent to our attorneys. The situation is frozen solid and we cease any and all contact as we have been instructed to do so. (For obvious reason)
I should not even be speaking now, but it is nothing that has not been stated before. I cannot discplose anything additional however.
As long as they have kept the specimens preserved as our TOS states and they wish to take such action, they are certainly welcome to do so and there is always a chance that we settle or find in their favor. Since they stated this was the avenue they wished to take, we handed it off..... They said the magic word in a sense.. So be it.
So yes, it is certainly possible if they go through the motions as they have indicated that they way find recourse. Personally, I am done dealing with this individual. I have no respect for someone who wished to ignore all of his actions that may have led to the demise of some fantastic animals, nor any respect who uses a prideful service term as a "twisting knife" when trying to get something for nothing....... Even after he knows full wel lthat he did not do what was required of him.
Oh well
