Reptile & Amphibian Forums

Terms:

1) Live arrival guarantee only on shipments sent airport to airport (air freight)
2) No live arrival for shipments that are delayed or mishandled by the carrier (airlines or FedEx)
3) No live arrival guarantee for shipments sent via door to door services such as FedEx
4) No live arrival guarantee on shipments sent to destinations below 40(f) degrees or above 89(f) degrees
5) No live arrival guarantee on amphibians at anytime
6) All claims must be called in and unacceptable animals returned within 24 hours of arrival at destination airport. If you are calling after hours or on weekends leave a message stating the exact nature of your claim. Please be sure to include your name, phone number, exact nature of the problem, exact number and species involved.
7) All returned orders will be charged a restocking fee.
8) Prices are subject to change without notice.
9) The purchaser agrees to pay all expenses, including legal expenses, court costs, and attorneys fees paid by the seller in endeavoring to collect these invoiced items. All amounts over 60 days shall be subject to a 2% monthly service charge.

I ran across an ad that featured some odd terms. Does anyone agree with 7 and 9? I have never heard of either before.
Number 9 seems to say, if we get in trouble, you have to pay for our lawyers for trying to get your snake. That's why I like buying captive-bred snakes from reliable dealers. I'd like to see how binding that agreement would really be if it came down to it.

1) Live arrival guarantee only on shipments sent airport to airport (air freight)
2) No live arrival for shipments that are delayed or mishandled by the carrier (airlines or FedEx)
3) No live arrival guarantee for shipments sent via door to door services such as FedEx
4) No live arrival guarantee on shipments sent to destinations below 40(f) degrees or above 89(f) degrees
5) No live arrival guarantee on amphibians at anytime
6) All claims must be called in and unacceptable animals returned within 24 hours of arrival at destination airport. If you are calling after hours or on weekends leave a message stating the exact nature of your claim. Please be sure to include your name, phone number, exact nature of the problem, exact number and species involved.
7) All returned orders will be charged a restocking fee.
8) Prices are subject to change without notice.
9) The purchaser agrees to pay all expenses, including legal expenses, court costs, and attorneys fees paid by the seller in endeavoring to collect these invoiced items. All amounts over 60 days shall be subject to a 2% monthly service charge.

I ran across an ad that featured some odd terms. Does anyone agree with 7 and 9? I have never heard of either before.
Number 9 seems to say, if we get in trouble, you have to pay for our lawyers for trying to get your snake. That's why I like buying captive-bred snakes from reliable dealers. I'd like to see how binding that agreement would really be if it came down to it.

#7 allows them to apply a surcharge in the event your animals are returned. The clause serves as a deterrent for you to return the shipment. How reputable is the dealer? Why is this an issue? Others guarantee 100% satisfaction with your purchase. These are important points to consider when evaluating prospects. # 7 is legal. They can do that.

#8 allows them to adjust pricing accordingly. Typically, top "A" grade animals will fetch higher than advertised list pricing. I don't have a problem with it. Everyone has a right to make money. They can and will do #8 too. This isn't unusual.

#9 Hmmm. I'm not a lawyer. Many dealers, who hold a large inventory, set up business accounts with other recognized dealers, research institutions, and zoological parks. Invoiced items may be sent to these recognized entities without being paid in full on special conditions that the balance will be tendered in X amount of days. If the buying entity, defaults on payment, # 9 protects the vendors interests, as they sue to collect. Usually if you lose in court, you are responsible for the other side's legal expenses. This protects their interests entirely if they aren't paid. It is a very polite warning meaning to serve as a deterrent to shinanigans. Whoever is posting these terms, in whatever state they are in, this is where the "actual sale" will be taking place. If a legal battle developes over this sale you will be summoned to court in that particular state to dispute the claim. Not in your state. If you lose, you will most likely be held to the terms. If you win, it will probably be hard for them to press.

Sean P.

#7 is pretty standard in many businesses because some people will order things just to try them out and then return them, which can be a big hassle for the vendor. Some will waive the fee if it was really thier mistake.

#9 Means if you don't pay, and they have to sue to get thier money, you have to pay the legal fees.

I haven't really seen anyone charge a re-stocking fee before, I have never heard of anyone returning a snake either. The whole prices are subject to change I think is pretty standard, why in snakes is beyond me. But 9, I must be reading it wrong, I'm reading it as,if we get in trouble while catching these snakes, you must pay for whatever legal costs arise. I'll stick with Hamburg and other hot shows, it's just easier if you can wait a few months here and there.

The way I read it, it states that if those items were ordered, invoiced, and for some reason they were left at the airport and not picked up or confiscated by the authorities, and the shipment had to be returned to the seller, then the buyer would bear the cost to retrieve them, including any and all legal fees. In addition, it seems to imply that if, for some reason, the buyer received the order before making full payment, and then failed to pay anymore, the seller would assess a penalty after a certain amount of time and seek a legal remedy, which the buyer would bear the cost of.

Ah, now I see your boggle...

#9 is poorly worded, but you are reading in the wrong meaning of the word "collect". In this context it means something close to "to secure payment from the purchaser". Perhaps insted of "collect these invoiced items" it would be more correct english to say "collect on these invoiced items", (I'm not sure that's gramatically correct, but it's the more common useage). The intended meaning is clear enough that I don't think you'd have to worry.