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What would YOU do???

K

Karkota

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I'll give you as much info as possible EXCEPT the names!!!
In April 2001, I bought 2 Adult "FEMALE" Colombian Boas (5-6&#39<img src="http://www.faunaclassifieds.com/iB_html/non-cgi/emoticons/wink.gif" border="0" valign="absmiddle" alt=';)'>.
In May 2001, I sold these animals to 2 differenet individuals!!
Today, I get an e-mail from 1 of the guys saying the animal died in Dec.(2001), he had an "neocrepsy" done and a vet verfication that it was a MALE!!
NOW, ready for this?? I bought these 2 animals from a WELL KNOWN source. I DIDN"T sex these animals when they arrived!! I THOUGHT the wholesaler would know the sexes!!?? It appears that this individual didn't sex it either!
What now?? Had this individual contacted me the day after the animal was shipped, I would of had it returned!!! Doesn't EVERBODY insure proper sex upon arrival. I did unless it was from a well known source AND NOW I do with EVERY animal!!!!

Thanks, Eric Burkett
 
Eric,

I would have checked the sexes anyway upon arrival, no matter who the source was.  The big name guys can make mistakes just like the little guys.  If you had sexed the snakes yourself and discovered the mistake upon arrival, you could have probably gotten them to send you a properly sexed snake to replace it.  

As far as a refund, you probably don't owe that person one from my point of view.  Although the snakes you sold were not properly sexed, they apparently did not bother to check either until the animal died several months later.  And that is the other point, they had that snake for several months.  

But bottom line, you've learned a valuable lesson here, probe those snakes.
 
I agree with Robert in the fact everyone makes mistakes in sexing wether it be probing snakes or visually sexing geckos.  I don't feel you owe a full refund, especially now the snake is past, it's not like the mis-sexing caused it's death, and the sex was discovered after the misfourtune.  I personally myself would offer some sort of retribution though for the mishap.  Why I say that is you did sell it as a female with out verifying it yourself and the seller is responsible, even if it did come from a "big name" like we said they all make mistakes too.  If they planned on breeding it and it was purchased as an investment animal expecting to get a return in some time frame, then there was time wasted in the process obviously if they paired up your to 'females' with thier male.  I would also sugesst they get the other female sexed again to rule out any other misfourtunes out.  I only say give them a bit of retribution as you should have sexed them upon arrival, but not a full refund because they should have done the same.  Just my opinion though not set in stone or anything.   Michael
 
wait a minute, am i reading this wrong, or did this guy just email you (june) about a snake that died in december???
6 months later than it died he tells you and wants a refund?  13 months after he bought it?<img src="http://www.faunaclassifieds.com/iB_html/non-cgi/emoticons/confused.gif" border="0" valign="absmiddle" alt='???'>
dana
 
I find it strange also that the person waited 6 months to contact you about this. Did they send a copy of the necropsy? I wouldn't think that your under any obligation to do anything about this. As others have said even the big guys make sexing mistakes, always sex new animals. IMHO
 
"BEING HELD HOSTAGE AS A SELLER AND HOW TO AVOID IT"
       
        This is the title of my newest book.

   The answer to this mini drama is thusely:

        A pre-written and drafter TERMS of SALE paper
        that the customer can SEE  before purchaseing, or at
        least when his snake arrives.


"ERIC"

You sold this guy a  snake LAST MAY? In the year 2001?
And YOU incorrectly sexed it(Bad business on that one my friend)

BUT..........
He contacts you in NOV 2001. A TAD late in about 99.9% of the majority of most reptile breeders credos. He says he has a Necropsy report? from the dead snake, that was incorrectly sexed and bought from you, and this after the snake went in the FREEZER.
This is all damning evidence, and frankly a P.R. nightmare, only one small problem remains:

                IT IS A ORIGINAL & HIGHLY FABRICATED LIE

This is JUST my opinion, but if you sell a person a snake
they keep it for  upwards of 6 months, it dies on them and then they wait some more time to tell you that it died and a necropsy was done, then ASK for a partial refund becuase the snake was the WRONG SEX?
Well, if the snake was the wrong sex, they would certainly be due a refund in ful. But , then how do you know that the snake you get back will be the same one that was supposed to be "Incorrectly sexed"? And this is asumeing the snake is alive.

To many holes in this story, it smellls like my aunt margies socks in the dirty clothes hamper. HERE are some scenarios to think about:

a) The snake arrived there alive and healthy, and after being exposed to a virus or bacterium in that persons collection succombed to it.   Verdict:Not your responsiblity, to much time elapsed to ensure that it wasnt his neglect that killed the snake

b) The boa you sent him was healthy and well. SO healthy in fact that he wanted another one to go with it, but this one for free. He tells you that it died, but actually uses another boa found in the deep freeze as the necropsy specimen then tell you that you need to replace it or cough up money for the miss sexing of it. Verdict: Not your responsibility

c) You sent him a boa that was sick, it took about 6 months to take the sleigh ride downhill into never never land and died.
DUREING this time he doesnt contact you at all. He finds out AFTER the snake is dead that it was the wrong sex all along.
           Verdict: Partial responsibility for selling a snake of the wrong sex, but only if the body can be sent to you along with the pathology report describing it and you can make a positive I.D. of the snake by matching up pattern of skin.

d) NOTHING died. The pathology report is a hoax or one borrowed from a friend. Yopu sexed the snake correctly. The person that purchased it from you just wants to get over
     Verdict: Not responsible


My opinion is this; Do what your conscious dictates for you to do. Personally, i would refund one red centavo of his money, and would never sell him a snake again, ever. Draw up a disclaimer and terms page that clearly state what happens post sale, it will protect you from unscroupulous people TRYING to threaten you. If people know and understand yourterms before the sael, then it makes things easier.

                                         Fred
 
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