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  1. #61
    Steel Magnolia rabernet's Avatar
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    Re: HELP!!!bp's lost in the mail what are the chances??

    Quote Originally Posted by MsPrada View Post
    Could the OP make a claim against USPS if they clearly state that snakes are unmailable materials?
    No - because doing so would be an admission of violation of the Lacey Act.

  2. #62
    BPnet Senior Member WingedWolfPsion's Avatar
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    Re: HELP!!!bp's lost in the mail what are the chances??

    No, the buyer does NOT face prosecution unless she knowingly RECEIVES the snakes.
    --Donna Fernstrom
    16.29 BPs in collection, 16.11 BP hatchlings
    Eclipse Exotics
    http://www.eclipseexotics.com/
    Author Website
    http://donnafernstrom.com
    Follow my Twitters: WingedWolfPsion, EclipseMeta, and EclipseExotics

  3. #63
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    Thumbs down Re: HELP!!!bp's lost in the mail what are the chances??

    Hi,

    I was only implying that this guy has a clean past and has not been noted for messing things up before. So I was only trying to ease the buyers mind that Dan should fix things and rectify any monetary loss. I am not or did not imply he should move on with a clean slate. Not at all. But lets wait and get the full story before Dan Foley is hung without a fair trial. You all know the drill. And thank you for addressing the administrator. I never got an apology.

    Regards,
    Bill

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    Foschi Exotic Serpents (11-06-2009)

  5. #64
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    Re: HELP!!!bp's lost in the mail what are the chances??

    It happened to me. 13ft retic was shipped delta dash from miami fl to ftw tx. the crate was picked up by the wrong loading crew and put on a different airlines all together. At that point the tracking was no longer possible. 4 days later we received a call from mexico city warehouse. WTF! the shipper had already mailed me a check for a full refund as soon as he was imformed that the package was lost. this opened all kinds of legal actions when customs found out. It was december . I did finally recieve the crate 8 days later. she was like a piece of ice and started condensating when we pulled her out of the crate. the shipper told me to hold the check and if anything happens to the animal in the next 4 months cash it. theres alot more to this story but to much to list. maybe every thing will work out ok. The shipper should refund your money in full if things go bad!

  6. #65
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    Re: HELP!!!bp's lost in the mail what are the chances??

    wow that is such a predicament to be in. i mean how to u send these animals to their death by refusing to receive due to this mishap. i mean i just don't even think that's an option, but if he does break the cuffs out after i sign best believe i'm bolting to the reptile room, locking the door, and putting them in their nice warm cages first!!! i really don't want to be a convicted felon over this though either!!!

  7. #66
    Reptiles EVERYWHERE! Foschi Exotic Serpents's Avatar
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    Re: HELP!!!bp's lost in the mail what are the chances??

    Oh I do agree with you. I do not believe he should be "hung" but I do not think this should go unannounced even if he does make it right should the snakes never be found..

    I believe a situation like this would warrant a BOI rating which explains the situation. No heresay. Just truth.

    If the snakes are not found and the seller refunds the buyer it should be posted that he did rectify the situation but it should be posted as to why there was a problem in the first place. Because I personally would not trust anyone to not make the same mistake twice.

    You're right though. It all depends on the outcome. Its already out there at this point. We already know, so what happens from here on out is just a wait n see.

  8. #67
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    Re: HELP!!!bp's lost in the mail what are the chances??

    i just hate being on this end of the wait and see, and i know the snakes can't be happy with this. I just hope they are packaged up good and not all cold in some warehouse or worse out in a truck overnight. talk about a long, day and even longer night, just want tom. to come and hopefully they get here!!!

  9. #68
    Steel Magnolia rabernet's Avatar
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    Re: HELP!!!bp's lost in the mail what are the chances??

    Quote Originally Posted by WingedWolfPsion View Post
    No, the buyer does NOT face prosecution unless she knowingly RECEIVES the snakes.
    That's what I said - when receiving an animal shipped through USPS, the receiver is also culpable.

  10. #69
    Telling it like it is! Stewart_Reptiles's Avatar
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    Re: HELP!!!bp's lost in the mail what are the chances??

    No idea who that breeder is at this point I don’t even care if he is a good guy either.

    There is absolutely NO excuse to ship a snake via USPS, people like this make the rest of us look bad and right now it’s only adding fuel to the fire. We are fighting for our right to keep our animal and someone goes and does that……………..WTF


    To the OP I hope your animal are delivered tomorrow and are safe and sound however I would not drop the issue and report the seller in question
    …………………………

    525.3 Reptiles
    All snakes, turtles, and poisonous reptiles are non-mailable.
    Non-mailable types of animals discovered in the mailstream must be reported to the PCSC in accordance with the instructions in POM 139.118. Additionally, the mailer and the post office of mailing must be notified to prevent future shipments from being incorrectly accepted for mailing.
    Regardless of any statement contained in this manual or the statements of any employee of the United States Postal Service®, the burden rests with the mailer to ensure that he or she has complied with the prescribed laws and regulations governing domestic and international mail, both those of the United States and those of the destination country. Full responsibility rests with the mailer to comply with all postal and nonpostal laws and regulations regarding the mailing of dangerous goods. Anyone who mails, or causes to be mailed, nonmailable or improperly packaged dangerous goods can be subject to legal penalties, including but not limited to those specified in Title 18 of the United States Code (18 U.S.C.).
    Criminal Penalties
    18 USC 1716D provides criminal penalties for mailing anything non-mailable under
    39 USC 3015(a), (b), or (d).
    18 USC Sec. 1716D 01/05/2009

    -EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 83 - POSTAL SERVICE

    -HEAD-
    Sec. 1716D. Nonmailable injurious animals, plant pests, plants, and
    illegally taken fish, wildlife, and plants

    -STATUTE-
    A person who knowingly deposits for mailing or delivery, or
    knowingly causes to be delivered by mail, according to the
    direction thereon, or at any place at which it is directed to be
    delivered by the person to whom it is addressed, anything that
    section 3015 of title 39 declares to be nonmailable matter shall be
    fined under this title, imprisoned not more than 1 year, or both.
    Deborah Stewart


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  12. #70
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    Re: HELP!!!bp's lost in the mail what are the chances??

    Being a former mailman for the USPS I can tell you that Express Mail is ran 365 days a year and some Express Mail takes up to two days to deliver depending on where the package was shipped from and where you are.

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