Auzlizardking
Very Well-Known Member
Me or him:cry:
What do you think?
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Me or him:cry:
Mayo
Very Well-Known Member
He is just trying to intimidate you don't even worry about him. As has been mentioned get a few happy customers to send in some responses about how happy they are with the product and you shouldn't have any problems. Probably just trying to scam free stuff as many people do these days.
hey mate , I wont be like him but i bought a 3 ft off you with two ceramic light fittings but after 1 week one light stopped working , i should have called but thought bad luck must be wired wrong not sure any thoughts Anita
spilota_variegata
Very Well-Known Member
I'm the bad customer
Hello,
I am the person the creator (who from this point on will be referred to as Mr. P.) of this thread is refering to in this forum. I apologise for my late arrival but I have only just found out about this thread. Please allow me to respond to some of the statements the creator and others have written.
My first enqiry to Mr. P. regarding the construction and purchase of the enclosures was on the 6th. Aug 2006. After several email messages, we agreed that 3 enclosures 90x60x60cm with one fluoro, 2 x ceramic fittings and a thermostat would be constructed by Mr. P. at a cost of $960 plus $110 dollars freight (see email excerpt below.)
Hi XXXX and David, (partners name xxx'd out as she is not involved)
Ok 3 enclosures (90 x 60 x 60 cm) with thermostats and two screw in lights fitted in each in cherry. = $320.00 each + freight flat pack $110.00
3 enclosures $960.00
+ Fright $110.00
Total $1070.00
Thanks,
Darryn
xxxxx land & lizard (xxx'd out to protect Mr. P's identity)
A deal was struck and agreed upon on the 11th August 2006. I promptly deposited $1070 into Mr. P's bank account as this was a requirement of sale. Stated time of delivery was 7-10 days. 20 days later on the 1st. Sept, he emailed me and informed me my enclosures were ready but he was waiting on thermostats. On the 8th. Sept., he emailed me telling me the thermostats had arrived. 8 days later I emailed him and asked how the enclosures were going. He told me he had been down with the flu and this had caused a delay (a phone call or an email would have clarified the situation). On the 3rd. October - now almost two months have passed, so I called him on his mobile and left a message for him to call me back. It took several phone calls over the next couple of days before I eventually caught him on Oct 5th. When I asked him what how my enclosures were going, he said he had compter problems and could not respond to my email messages (I'm starting to see a trend here and interestingly, he was still trading on EBAY during this period). He stated he had sent them a while ago with Allied Express, but when I called them, they told me they could not provide me with information without a consignment note. I called Mr. P. again and after some discussion, he provided me with two consignment numbers. I called Allied Express again and was told there was no record of these consignment numbers in their database. The Newcastle branch (the branch Mr. P said he had sent them from) informed me that Mr. P. had just called them asking about freight cost to Alice Springs (just after I called him asking for the consignment number). Anyway, the next day I checked online and hey presto, the consignment numbers showed up (see below). Note the date of consignment.
Consignment Information: C10718532
Scanning History
C10718532
Scan Date Location Status User ID Driver Number
05/10/2006 13:28:51 NEW PMIN CS682 682
05/10/2006 13:28:51 NEW PMIN CS682 682
05/10/2006 15:53:28 NEW PMOUT AG3822 AG3822
05/10/2006 22:32:13 SYD PMINNEW AOE33475 001
Several days later the enclosures showed up. Unfortunately, some of the light fittings were broken. I wasn't too phased about that - they can be replaced at a nominal cost. I was furious however when I took a tape measure to the enclosures and found they were 90x45x45cm instead of the 90x60x60cm as agreed upon(for those familiar with area and volume, this is almost 1/2 of the size I paid for). I was also angry about the material and quality of workmanship of the back panel. The thermostats were drilled into this material and it looks like a kitchen knife was used to elongate the holes to accomodate the wiring. A large snake could easily dislodge the thermostat or wiring from such material, therefore exposing live wires. My large pythons could push their way through the 1mm ply used. I called Mr. P. and told him of the mix up and he flipped me off and said he was not responsible. Suffice to say, things got quite heated with Mr. P. point blank refusing to compensate me and calling me a liar. I informed him - not threatened - that I would report him to the ATO for not declaring income generated from the enclosures. I then emailed him demanding he send the correct size enclosures and he responded saying my email (asking for restitution) was borderline harrassment and that I had "psychopathological" problems (quote). I suggested he contact the police about my alleged harrassment, but of course then he would have to inform the of the full story. I have not heard from the police and seriously doubt I ever will. Soon after I informed him I would report him to the ATO, he emailed me and told me to send the enclosures back to him. I informed him to send the correct enclosures to me and once I had received them I would then send the originals to him. He told me in no uncertain terms that he would not do this (remember I waited nearly 2 months for these ones to get to me). It should be pointed out that according to the Dept. of Consumer Affairs and Fair Trade, it is the responsibility of the seller to pay for incorrect goods to be sent back (please take note Mr. P.).
I need to make this perfectly clear, it is the size of the enclosures sent which is the subject of this disagreement, not the broken light fittings. Mr. P. is using this as a platform to cry poor bugger me. He is not the victim here, judge for yourself from the links below.
Please also note to the person who would like to see my EBAY feedback. Email me at [email protected] and I will give my EBAY identity. I have a 100% rating from nearly 200 individual people and have been a member for over 5 years. Formulate an opinion based on my feedback, not on allegations by someone you have never heard of. I invite Mr. P. to reveal his EBAY identity and history for the scrutiny of persons reading this thread. I also invite anyone reading this thread to email me privately if they want any more information ([email protected]).
Anyway, I've bored you enough with the background. Please note that I have sent these photos to Mr. P. and was informed that this was my fault. Here are photos of the enclosures. Please look at them and formulate an opinion based on fact, not hearsay.
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0719.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0718.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0717.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0716.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0715.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0714.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0713.jpg
Destiny, please ask for an electricans report from Mr. P. I'm not suggesting anything, but if there is an electrical fire caused by faulty wiring and the wiring was done by someone other than a qualified electrician, you will not be able to make an insurance claim. This could potentially cost 10's of thousands of dollars and in the worst case scenario, someone could die.
As for the intervention order or AVO suggested by Shamous1, isn't wasting the police force's precious time illegal itself? I have not threatened Mr. P. any form of physical violence - I live 2000 kilometres away from him. I have only asked him to provide the goods I have paid for. Imagine if every business that did wrong slapped an AVO on the customer they have done wrong by. Imagine the next time you buy a used car and something goes wrong with it. You call the person to seek restitution and he informs you he is going to the police to issue an AVO against you. It is ludicrous to say the least. I wish Judge Judy was in Australia. It would be worth my $1070 to see what she has to say about this matter
I'm sure I won't make too many friends, but I'm not here to make friends, just to provide you all with the other side of the story. I've been a herp collector for many years. I do not try to make any profit from my hobby. I collect snakes for my enjoyment and try to provide them with a safe and healthy environment. Putting them in sub-standard enclosures which could cost them their lives is something I would never do. Good on anyone out there who does make a profit from the sale of herps or enclosures. The only thing I expect from anyone, be they herp collectors or not, is honesty and integrity - evidently this is not the consensus of all.
Falconboy if you want some enclosures for your lizards, I have some here I could send you for a good price
Mr. P. If this incident was indeed a mistake on your behalf, make good of yourself on this forum. It will show others that they can indeed trust buying your enclosures. The ball is in your court.
Sorry all for the length of this post.
Regards,
David
[email protected]
Hello,
I am the person the creator (who from this point on will be referred to as Mr. P.) of this thread is refering to in this forum. I apologise for my late arrival but I have only just found out about this thread. Please allow me to respond to some of the statements the creator and others have written.
My first enqiry to Mr. P. regarding the construction and purchase of the enclosures was on the 6th. Aug 2006. After several email messages, we agreed that 3 enclosures 90x60x60cm with one fluoro, 2 x ceramic fittings and a thermostat would be constructed by Mr. P. at a cost of $960 plus $110 dollars freight (see email excerpt below.)
Hi XXXX and David, (partners name xxx'd out as she is not involved)
Ok 3 enclosures (90 x 60 x 60 cm) with thermostats and two screw in lights fitted in each in cherry. = $320.00 each + freight flat pack $110.00
3 enclosures $960.00
+ Fright $110.00
Total $1070.00
Thanks,
Darryn
xxxxx land & lizard (xxx'd out to protect Mr. P's identity)
A deal was struck and agreed upon on the 11th August 2006. I promptly deposited $1070 into Mr. P's bank account as this was a requirement of sale. Stated time of delivery was 7-10 days. 20 days later on the 1st. Sept, he emailed me and informed me my enclosures were ready but he was waiting on thermostats. On the 8th. Sept., he emailed me telling me the thermostats had arrived. 8 days later I emailed him and asked how the enclosures were going. He told me he had been down with the flu and this had caused a delay (a phone call or an email would have clarified the situation). On the 3rd. October - now almost two months have passed, so I called him on his mobile and left a message for him to call me back. It took several phone calls over the next couple of days before I eventually caught him on Oct 5th. When I asked him what how my enclosures were going, he said he had compter problems and could not respond to my email messages (I'm starting to see a trend here and interestingly, he was still trading on EBAY during this period). He stated he had sent them a while ago with Allied Express, but when I called them, they told me they could not provide me with information without a consignment note. I called Mr. P. again and after some discussion, he provided me with two consignment numbers. I called Allied Express again and was told there was no record of these consignment numbers in their database. The Newcastle branch (the branch Mr. P said he had sent them from) informed me that Mr. P. had just called them asking about freight cost to Alice Springs (just after I called him asking for the consignment number). Anyway, the next day I checked online and hey presto, the consignment numbers showed up (see below). Note the date of consignment.
Consignment Information: C10718532
Scanning History
C10718532
Scan Date Location Status User ID Driver Number
05/10/2006 13:28:51 NEW PMIN CS682 682
05/10/2006 13:28:51 NEW PMIN CS682 682
05/10/2006 15:53:28 NEW PMOUT AG3822 AG3822
05/10/2006 22:32:13 SYD PMINNEW AOE33475 001
Several days later the enclosures showed up. Unfortunately, some of the light fittings were broken. I wasn't too phased about that - they can be replaced at a nominal cost. I was furious however when I took a tape measure to the enclosures and found they were 90x45x45cm instead of the 90x60x60cm as agreed upon(for those familiar with area and volume, this is almost 1/2 of the size I paid for). I was also angry about the material and quality of workmanship of the back panel. The thermostats were drilled into this material and it looks like a kitchen knife was used to elongate the holes to accomodate the wiring. A large snake could easily dislodge the thermostat or wiring from such material, therefore exposing live wires. My large pythons could push their way through the 1mm ply used. I called Mr. P. and told him of the mix up and he flipped me off and said he was not responsible. Suffice to say, things got quite heated with Mr. P. point blank refusing to compensate me and calling me a liar. I informed him - not threatened - that I would report him to the ATO for not declaring income generated from the enclosures. I then emailed him demanding he send the correct size enclosures and he responded saying my email (asking for restitution) was borderline harrassment and that I had "psychopathological" problems (quote). I suggested he contact the police about my alleged harrassment, but of course then he would have to inform the of the full story. I have not heard from the police and seriously doubt I ever will. Soon after I informed him I would report him to the ATO, he emailed me and told me to send the enclosures back to him. I informed him to send the correct enclosures to me and once I had received them I would then send the originals to him. He told me in no uncertain terms that he would not do this (remember I waited nearly 2 months for these ones to get to me). It should be pointed out that according to the Dept. of Consumer Affairs and Fair Trade, it is the responsibility of the seller to pay for incorrect goods to be sent back (please take note Mr. P.).
I need to make this perfectly clear, it is the size of the enclosures sent which is the subject of this disagreement, not the broken light fittings. Mr. P. is using this as a platform to cry poor bugger me. He is not the victim here, judge for yourself from the links below.
Please also note to the person who would like to see my EBAY feedback. Email me at [email protected] and I will give my EBAY identity. I have a 100% rating from nearly 200 individual people and have been a member for over 5 years. Formulate an opinion based on my feedback, not on allegations by someone you have never heard of. I invite Mr. P. to reveal his EBAY identity and history for the scrutiny of persons reading this thread. I also invite anyone reading this thread to email me privately if they want any more information ([email protected]).
Anyway, I've bored you enough with the background. Please note that I have sent these photos to Mr. P. and was informed that this was my fault. Here are photos of the enclosures. Please look at them and formulate an opinion based on fact, not hearsay.
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0719.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0718.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0717.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0716.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0715.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0714.jpg
http://i98.photobucket.com/albums/l265/spilota_variegata/100_0713.jpg
Destiny, please ask for an electricans report from Mr. P. I'm not suggesting anything, but if there is an electrical fire caused by faulty wiring and the wiring was done by someone other than a qualified electrician, you will not be able to make an insurance claim. This could potentially cost 10's of thousands of dollars and in the worst case scenario, someone could die.
As for the intervention order or AVO suggested by Shamous1, isn't wasting the police force's precious time illegal itself? I have not threatened Mr. P. any form of physical violence - I live 2000 kilometres away from him. I have only asked him to provide the goods I have paid for. Imagine if every business that did wrong slapped an AVO on the customer they have done wrong by. Imagine the next time you buy a used car and something goes wrong with it. You call the person to seek restitution and he informs you he is going to the police to issue an AVO against you. It is ludicrous to say the least. I wish Judge Judy was in Australia. It would be worth my $1070 to see what she has to say about this matter
I'm sure I won't make too many friends, but I'm not here to make friends, just to provide you all with the other side of the story. I've been a herp collector for many years. I do not try to make any profit from my hobby. I collect snakes for my enjoyment and try to provide them with a safe and healthy environment. Putting them in sub-standard enclosures which could cost them their lives is something I would never do. Good on anyone out there who does make a profit from the sale of herps or enclosures. The only thing I expect from anyone, be they herp collectors or not, is honesty and integrity - evidently this is not the consensus of all.
Falconboy if you want some enclosures for your lizards, I have some here I could send you for a good price
Mr. P. If this incident was indeed a mistake on your behalf, make good of yourself on this forum. It will show others that they can indeed trust buying your enclosures. The ball is in your court.
Sorry all for the length of this post.
Regards,
David
[email protected]
whiteyluvsrum
Very Well-Known Member
dont let him win!
Cages
Hi David,
I note in your last post that you have some cages that would be suitable for lizards, I looking to get a Beardie & want to set myself up well in advance bofore getting one. If you could send me some info on the cages you have available to [email protected] that would be much appreciated.
Cheers
Hi David,
I note in your last post that you have some cages that would be suitable for lizards, I looking to get a Beardie & want to set myself up well in advance bofore getting one. If you could send me some info on the cages you have available to [email protected] that would be much appreciated.
Cheers
spilota_variegata
Very Well-Known Member
Drakko
Drakko, love your handle and your avatar. The enclosures I have are not available for sale. Sorry if I created confusion. I have a dry sense of humour and was trying to be smart - evidently in doing so I made a fool of myself
Please read the whole thread and you will be able to work out what I am saying.
Thank you,
David
Drakko, love your handle and your avatar. The enclosures I have are not available for sale. Sorry if I created confusion. I have a dry sense of humour and was trying to be smart - evidently in doing so I made a fool of myself
Please read the whole thread and you will be able to work out what I am saying.
Thank you,
David
jessop
Very Well-Known Member
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hmmmmm, the plot thickens... it is good to finally hear both sides of the story. it does sound like Mr. P has some explaining to do. David, i hope you eventually get what you actually paid for and the workmanship does look a little dodgey IMO
and the workmanship does look a little dodgey IMO
mertle
Very Well-Known Member
Sorry I had to eddit this reply,
After seing the pics, there apears to be a problem.
I would not like those backings myself either, but hopefully you guys can sort it out amicably????
After seing the pics, there apears to be a problem.
I would not like those backings myself either, but hopefully you guys can sort it out amicably????
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spilota_variegata
Very Well-Known Member
Mertle
Mertle, evidently you have missed the point of my post. I do not expect the broken light fittings or back panels to be replaced. The wrong size enclosures were sent - the workmanship is another issue.
Hypothetical: You buy a Commodore online. It is shipped to you after considerable delay, but to your dismay they send a Barina and the Barina has broken side mirrors.
Would you be happy if the car yard sent your replacement mirrors?
Regards,
David
Mertle, evidently you have missed the point of my post. I do not expect the broken light fittings or back panels to be replaced. The wrong size enclosures were sent - the workmanship is another issue.
Hypothetical: You buy a Commodore online. It is shipped to you after considerable delay, but to your dismay they send a Barina and the Barina has broken side mirrors.
Would you be happy if the car yard sent your replacement mirrors?
Regards,
David
whiteyluvsrum
Very Well-Known Member
where is mr.p?
i want to see the reply, this is good stuff.
its like a movie with twists!
i want to see the reply, this is good stuff.
its like a movie with twists!
Does Mr P have an ABN? If not, that may well be fine. We are all allowed to have hobbies. But, it does make the legal side of things a bit different. Most fair trading laws talk about "in trade or commerce". If this is a private transaction, like buying a car privately, then those laws may not apply. So, we are now back to the common law of contract. And I dont know that that has been fulfilled. At best, it is partially fulfilled and there is certainly a right in equity for Mr Darwin Python to either be compensated for the smaller cages or be allowed to return them for a refund. And a partial refund would probably only be suitable if Mr Variegata had a use for those cages. After all, he may not have a use for teh Barina.
In terms of the workmanship, well, that would probably need the fair trading laws to be invoked.
As for the electrician thing. Well, that is a sleeping bear. If Mr P is selling electrical items that one day may turn out faulty then he needs to be aware that he has personal liability for any damage. I saw a case fo a plumber in Brisbane sued in the 2000's from a cracked concrete path he layed in 1983. And he had to pay. To assist, there are people out there now who certify electrical items. Any workplace in NSW would be aware of this as we are required to get all out electrical items certified by these people.
I think that Puglsy and BobtheFish on this site are both lawyers. Maybe they could explain how these issues are to be resolved.
In terms of the workmanship, well, that would probably need the fair trading laws to be invoked.
As for the electrician thing. Well, that is a sleeping bear. If Mr P is selling electrical items that one day may turn out faulty then he needs to be aware that he has personal liability for any damage. I saw a case fo a plumber in Brisbane sued in the 2000's from a cracked concrete path he layed in 1983. And he had to pay. To assist, there are people out there now who certify electrical items. Any workplace in NSW would be aware of this as we are required to get all out electrical items certified by these people.
I think that Puglsy and BobtheFish on this site are both lawyers. Maybe they could explain how these issues are to be resolved.
Mayo
Very Well-Known Member
The other thing is you knowingly bought enclosures from a seller that you know was not declaring income generated from the enclosures. You would also have something to answer for. Just thought I'd put that in so you didn't make that mistake. There is a fine line on these matters but I do want to see a response from Mr P at this point to see what he has to say in his own defence. I apoligise for my earlier comments.
JandC_Reptiles
Very Well-Known Member
2 sides to every story
I just love how every1 forms an opinion after only hearing 1 side lol.
This is why I get so irritated when members slander a person who is not a member here able to defend themselves or give their side of events
I just love how every1 forms an opinion after only hearing 1 side lol.
This is why I get so irritated when members slander a person who is not a member here able to defend themselves or give their side of events
Mayo
Very Well-Known Member
We can only judge on the given evidance.
peterjohnson64
Very Well-Known Member
Just to confirm (and this has nothing to do with the disagreement between the parties).
There is no suggestion in anything explained here that the seller is doing anything wrong by Australian Tax Laws. We can all have hobbies and can make money from them. A person who breeds 20 GTP's and sells them for $100k may still not have to pay tax.
So lets leave that part (only) out of this.
As for the rest, well most has been explained quite adequately so far.
There is no suggestion in anything explained here that the seller is doing anything wrong by Australian Tax Laws. We can all have hobbies and can make money from them. A person who breeds 20 GTP's and sells them for $100k may still not have to pay tax.
So lets leave that part (only) out of this.
As for the rest, well most has been explained quite adequately so far.
shamous1
Very Well-Known Member
Not a member?????????/
Are you sure they are not a member and there for aware of this thread and are monitoring the situation?
2 sides to every story
I just love how every1 forms an opinion after only hearing 1 side lol.
This is why I get so irritated when members slander a person who is not a member here able to defend themselves or give their side of events
Are you sure they are not a member and there for aware of this thread and are monitoring the situation?
JandC_Reptiles
Very Well-Known Member
In this case both parties are members and both have put forth their cases.
But alot of members did have a fair bit to say about the buyer before actually viewing the facts from both sides (the buyer only recently joined in order to defend himself from the slander of the seller) and in this case the seller is infact in the wrong.
Anyway all I was saying is that members should get both sides of a story before forming any judgement. My statement about non members able to defend themselves was generalised and was not directed at anyone specifically. (although Ray Hoser would be a perfect example) lol
But alot of members did have a fair bit to say about the buyer before actually viewing the facts from both sides (the buyer only recently joined in order to defend himself from the slander of the seller) and in this case the seller is infact in the wrong.
Anyway all I was saying is that members should get both sides of a story before forming any judgement. My statement about non members able to defend themselves was generalised and was not directed at anyone specifically. (although Ray Hoser would be a perfect example) lol
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Tatelina
Very Well-Known Member
ooooo I had written something else before i read his post..now Im not too sure what i think. but as long as animals arent being hurt..i guess it doesnt matter.
hope you guys sort it out!
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