Live arrival Guaruntee

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[crypticdragons]

So i recently ran across a issue on another forum that someone posted.  Where they made a purchase from a breeder and subsequently had some shipping issues where the next day fedex priority shipping didnt arrive until 2 days later.  The breeder that sold the dragon said he would not refund said customers money because she did not ask for a live arrival guaruntee.  Now as a breeder without a webpage he does not have a published TOS.  So in essence he is right but isnt it the breeders job to bring it up.  I mean I dont think I would ever ship a animal without knowing that if something went wrong in shipping I would make it right with the customer.  This situation just struck me as a 'wow really' kinda move.

[egg 80]

  i would be well cheesed  of as the buyer, yes the seller should bring up the alive arrive guarentee, but also think the seller should ensure that all his/her reps reach the buyer alive and kickin.
I'm not to clued up with couriers over there but over here any animal in postal transit must be registered to carry the animal and have sufficient insurace to cover loss or damage if the seller refuses to pay back monies recieved i think the buyer needs to seek refund/ compensation from the courier, did the seller state  on his parcel and to the courier there was live animals in the package theres alot of different things to look at to find who is at fault but as the seller is resposable until it reaches the buyer the seller is at fault if was dead on arrival, it bugs me when sellers think they are resposable enough to breed and sell them but see it not their resposability and dont care for the welfare of the animals. rant over
paul

[Madisyn-Alexis]

I would have asked about it beforehand (what their guarantee was) because I'm pre-law and very CYA that way... however... it seems absurd that the breeder would say that they won't refund the customer or ship an equivalent animal, since no one's going to pay for a dead animal. It's very clear, from the nature of the transaction, that the buyer expected it to arrive alive and well. Kind of moronic, on the breeder's end, to even suggest otherwise - in other words, a buyer shouldn't (in my opinion) have to specifically *ask* for such a guarantee, as it's kind of a given in this case. I think, even without a published TOS, the law (and any court) would agree with me, since they generally tend to view pets as possessions and the buyer could easily contend that there was a breech of contract if the animal arrived ill or dead.

Just my $0.02 

[crypticdragons]

Im surprised more people didnt have input on this but oh well lol.  Touched a nerve with me.

[ladyknite]

input...................hmmmmmmmmmmmmm
ok.............here goes.

Different variables apply to this situation.

the next day fedex priority shipping didnt arrive until 2 days later

This isn't the fault of the breeder.  It's the problem with Fed Ex.  Their liability.  But then.........there's the FINE PRINT most don't notice.

said he would not refund said customers money because she did not ask for a live arrival guaruntee

That part sounds a little fishy to me.  Every breeder I know offers a live arrival guarantee.  Fed Ex is responsible for the delay however.

For reference............if payment was by paypal, they can withdraw their payment and contest the charge.

If it were me as the breeder.........I would have refunded or sent another dragon, and went after Fed Ex.

[crypticdragons]

input...................hmmmmmmmmmmmmm
ok.............here goes.

Different variables apply to this situation.

the next day fedex priority shipping didnt arrive until 2 days later

This isn't the fault of the breeder.  It's the problem with Fed Ex.  Their liability.  But then.........there's the FINE PRINT most don't notice.

said he would not refund said customers money because she did not ask for a live arrival guaruntee

That part sounds a little fishy to me.  Every breeder I know offers a live arrival guarantee.  Fed Ex is responsible for the delay however.

For reference............if payment was by paypal, they can withdraw their payment and contest the charge.

If it were me as the breeder.........I would have refunded or sent another dragon, and went after Fed Ex.

Yeah the person opened a dispute with paypal and has since been offered a replacement dragon.  So at least her end is settled but the thing is even though the shipping error is fedex's fault I couldnt believe the seller had the gaul to tell the buyer "tough luck" essentially and that she should contact fedex.  I know on my end if i have a issue with fedex shipping something to a customer i would take it up with fedex not tell the buyer tough cookie call fedex.  Just shocked me.

[ladyknite]

I've had several issues with Fed Ex.
Thousands of dollars in snakes took 3 days.  Talk about ripped.
They use weather, commercial flights baggage, and a couple of other excuses to justify their delays.  They can, cause it's in that fine print.

[Madisyn-Alexis]

Question for the breeders - when you ship an animal, is FedEx aware that there is a LIVE animal in that package? The only animal I've ever had shipped via FedEx was my snake, and the outside box only said "PERISHABLE - THIS SIDE UP" with an arrow. Obviously, the word 'perishable' means whatever is in there needs to get their fast, but it just struck me as odd. I've seen lots of arrival snake videos on YouTube and the packaging is the same as it was for ours.

Does FedEx charge more for a live animal, so to save money they are shipped simply as 'perishable'? Or is that their standard, whether it's a cheesecake or a beardie, way to go for cases like these?

(I do have to say, I fully enjoyed wigging out the FedEx driver when he came to the door by telling him what was in there... I thought he was going to faint!  )

[crypticdragons]

Question for the breeders - when you ship an animal, is FedEx aware that there is a LIVE animal in that package? The only animal I've ever had shipped via FedEx was my snake, and the outside box only said "PERISHABLE - THIS SIDE UP" with an arrow. Obviously, the word 'perishable' means whatever is in there needs to get their fast, but it just struck me as odd. I've seen lots of arrival snake videos on YouTube and the packaging is the same as it was for ours.

Does FedEx charge more for a live animal, so to save money they are shipped simply as 'perishable'? Or is that their standard, whether it's a cheesecake or a beardie, way to go for cases like these?

(I do have to say, I fully enjoyed wigging out the FedEx driver when he came to the door by telling him what was in there... I thought he was going to faint!  )

to ship reptiles via fedex you have to get a certified live animal shipping account.  so yes, unless the breeder is lying to fedex about what is in the box, they do know what you are shipping (or at least they know what im shipping lol)

[ladyknite]

when you ship an animal, is FedEx aware that there is a LIVE animal in that package?

yup, but it doesn't matter.

Nor does anyone take into account the temperatures they're exposed to, dropping, tossing, crushing or anything else.

It's awful........but UPS is just as bad.  What choice is there?

[TheWolfmanTom]

I would of just fixed the situation.

[ladyknite]

agreed Tom.
But it sure would be nice if we would all get together and make the shipping companies treat packages as they are labeled.  After all, I wouldn't want them handling my great grandmothers crystal vase cause I'm sure it'd never make it.

[TheWolfmanTom]

I was just talking from the customer/seller end.
I mark everybox live reptile, sometimes it works sometimes not so much.
I agree with you Gina, but what can we do stop shipping?
That would be the only way to get attention brought to the situation.

[ladyknite]

I agree with you Gina, but what can we do stop shipping?
That would be the only way to get attention brought to the situation.

i know.  major problem.
I believe we need some sort of recourse against improper handling.  Maybe re-imbursement of fees, some sort of company acknowledgement  for shipping personell that do honestly do a good job (promotions, wages, bonuses, maybe a paid day off for every so many "praises" from people getting or sending packages, etc.).  Anything that shows the company is paying attention and is attempting to handle our packages with care.
I mean, I personally get tired of asking people if they can read (THIS SIDE UP) and telling them how stupid they are for not assuming that meant This Side Up.  I actually had a guy look at me and say....."Well I didn't know that meant all the time".  What a moron.

Man..............I'm off topic

[Madisyn-Alexis]

I agree with you Gina, but what can we do stop shipping?
That would be the only way to get attention brought to the situation.

I mean, I personally get tired of asking people if they can read (THIS SIDE UP) and telling them how stupid they are for not assuming that meant This Side Up.  I actually had a guy look at me and say....."Well I didn't know that meant all the time".  What a moron.

Man..............I'm off topic

 Oh.. my... GAWD.