Posted by spear on 2/18/2009, 2:03 pm, in reply to "Bad Business - Who's Responsible?"
12.169.6.40
sounds like to me you should be collecting from the person who hired the auctioneer. sounds like they are giving you a run around. you have a case against them.
the auctioneer has nothing to do with the eggs all he did was sell them. he should not be responsible for shipping them only selling.
if you have a receipt of what you bought you have a claim against the seller not the auctioneer. You are owed the 3 correct embryos or the 750 and if taken to court they broke a contract to deliver to you what was owed and you could pursue damages beyond that amount.
Also if the auctioneer wants to get on your side record the conversation and have the auctioneer pursue slander and defamation of character charges as well.
Just my thoughts.
--Previous Message--
: This is a long story, but I will try to keep
: it brief. We bought 6 embryos from an
: online auction in October 2007. 3 were
: Double Vision, and 3 were Sonny. After
: several atempts to contact seller, I called
: the auctioneer. After the auctioneer called
: the seller, the seller called me. His
: (seller) story was that he was given the
: wrong e-mail address and phone # from
: auctioneer. Seller explained that he would
: never do business with auctioneer again as
: he was a bad businessman. Seller left
: another message saying embryos are ready to
: be shipped. We were in no big rush as we
: had alreadt missed our breeding season.
: About 6 months ago, we started trying to
: contact seller to arrange shipping. Several
: pone calls and messages yielded no response.
: We called the auctioneer, and his response
: was that seller was a bad businessman, and
: was horrible to deal with. We requested a
: refund as we had already missed a second
: breeding season. Auctioneer said he would
: contact seller. Just like the first time,
: when the auctioneer called him, seller
: immediately called us back. He had the same
: story again. He tried to get a hold of us
: and had no luck. He reiterated what a
: horrible businessman auctioneer is and how
: it took forever for him to get paid etc,
: etc. He said there would be no refund and
: that the embryos were at Trans Ova waiting
: to be shipped. I wsa relieved to find out
: that at least the eggs were under the care
: of a professional! Seller said shipping is
: $97, but for all of our trouble he would pay
: half. Seller says if you send a check
: today, I will release embryos tomorrow
: morning. We sent a check for $50 that same
: day. I called Trans Ova the next afternoon
: and embyros had not been released. Trans
: Ova caled back Monday of this week. When I
: called to arrange shipping I wsa told he
: released 3 Double Vison and 3 Sin City
: embryos. Well at least he was half right,
: and that wsa a good start. I double checked
: with auctioneer, and he confirmed that we
: bought 3 Double Vision and 3 Sonny (not Sin
: City). So I called seller last evening. I
: spoke with a nice woman who said seller went
: to town and he would call back in 45
: minutes. Suprise, he did not call back
: until today. He said the auctioneer told
: him 3 DV, and 3 Sin City. Ang guess
: what????? The Sonny embryos are already
: gone! I am a pretty easy going guy, but now
: my fuse is getting pretty short. So I tell
: seller somebody either owes me 3 Sonny
: embryos, or the $750 I paid for them. Again
: he tells me "I don't give
: refunds". I reiterated my point a
: little louder, and he said he would have his
: dad call me. I guess this is a family
: business. Then he starts in again with how
: awful this auctioneer is, and how he only
: shipped what he was told. Seller calls back
: a few minutes later and said he talked to
: dad and they transferred what they were told
: so it was not their problem. I appreciate
: you sticking with me through this long
: post!! So in a nutshell..... Seller says
: auctioneer is a crook and it is all his
: fault, auctioneer says seller is a crook and
: it is all his fault. Trans Ova only has 1/2
: of what I bought, and the seller already
: sold the other 1/2. So my question is
: SOMEBODY OWES ME 3 SONNY EMBRYOS, OR
: $750....WHO IS IT???? BTW, I purposely left
: out names, because I am sure there are those
: who will argue that that they have had good
: dealings with both.
:
Responses:
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