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Old 05-12-03, 04:02 PM   #1 (permalink)
Join Date: Apr-2002
Location: Thunder Bay
Posts: 28
What would you do??

I am looking for some info here (I am the buyer in this case but what would you do if you are The shipper/sellerin these case..) If the seller of said amimals send you something and when after tell you about there shipping policies(after said animals died and you start bringing them to court). Which there policies says this " we do not guarantee live arrival if temps are below 40oF and over 89oF. These terms are available on are web site @(will not put name here), But ship anyways when it was during an extreme heat wave (he/she say he had the ship them because he/she was running out of room). I could have waited until it cooled down. Then the shipper/seller said they will get some more in or give me my money back and or send me something else that I am looking for. Then he/she stop reply for a very long time, until I bring them to small claims court. I put this as short as I could because I do not want the hurt the other party in this case.

Now here is my ?.

1. If the shipper/seller break there own shipping policies, does the buyer lose out and don't get there money back?

2. What would you do if you are the shipper/seller in this case?

3. Is this a reptile industries policie? If yes and the shipper/seller break this policie what should be done to make very one happy??

4. Do all shipper/seller/breeder use these type of policie??

5. Where can I see a few policies like this one and where?(Msg me or email me these one) In Canada only

Please no off topic posts in this one. email me or msg me if you want.


Last edited by reptilerob; 05-12-03 at 04:12 PM..
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Old 05-12-03, 05:04 PM   #2 (permalink)
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I know when I sell babies I will not ship out under 40 degrees nor will I ship out over 85 degrees....... No matter how much room I needed........ If the seller shipped against his own shipping guide lines then I would guess he or she is at fault........
"A sure fire way for a government to lose control of something is for them to prohibit it."
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Old 05-12-03, 05:07 PM   #3 (permalink)
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Join Date: Oct-2002
Location: Montreal
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Hmmmm, very tough situation you're in....

Unfortunately, I feel both you and the seller share responsibility.

As a buyer, you should know some basic health info on the animals you are purchasing and know if it's too warm or cold to be safely shipped. Mostly, if their policy was there before you made your purchase and you didn't read it, you can't really blame the seller for having a crappy policy like that. It's up to you to read the fine print.

On the other hand, the seller should know better than to ship animals in inproper and unsafe temperatures. I feel it's much more unforgivable from the seller's point of view to not care so much for the well-being of the animals they sell during shipping. It does not speak well of their practices if making room is more important than properly shipping animals. They should have pointed it out to you beforehand...

I have not seen such policies before, almost everyone guarantees live delivery with proper shipping methods.

This may be quite hard to fight in court because of their policy. It was there and you didn't read it. The judge will most likely fault you in the case based solely on that fact alone, that's why companies write out policies, to avoid problems after something goes wrong.

The only thing I can see you fighting the case on, is the seller as a provider of animals should know how to ship their animals safely. If they knew it was a risk to ship in extreme temperatures, it may be considered some form of abuse to have done so anyways.

Good luck,
Keeper of 5 snakes, leopard geckos, 1 green iguana, 20+ tarantulas, 2 dogs & a bunch of rats!
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Old 05-12-03, 06:18 PM   #4 (permalink)
Join Date: Apr-2002
Location: Thunder Bay
Posts: 28
I should let you know this too...

This comes from the judge who deal with the pre-trial today.. Said "web site page" or any "web site policies page" is not a contract that both party can sign on so the seller should have not send said animals then(stay with his policy).unless the seller send a copy with the product and the buyer know of it by (in this case) by Staying with the policy or getting the buyer to wright a letter or email saying he has read and will agree with this policies.(I did not know that until today). (like when you buy a car or go to a pet store)

As for the seller in this case his web site (he/she close it down and reopen it this year) did not have anything like this it just said (I have a copy of the old web page I printed out back then) Call of email me for more info and a little bit on buy pays shipping, All animals are guarantee to live arrival and not a thing about the Temps. (The deal was made 2 years ago) I did not get the animals until about 6 months later.


Last edited by reptilerob; 05-12-03 at 06:22 PM..
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