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junkmail01 at intertainiaREMOVE.com junkmail01 at intertainiaREMOVE.com
Sun Jun 6 21:21:00 EST 2004

On 6 Jun 2004 09:40:35 -0700, trader4 at optonline.net (Chet Hayes)

>If it's true, then it's not libel.  A few pictures and the box the
>plants came in should be adequate proof, but it's unlikely he needs
>it, because no one is going to waster their time on nonsense like
>As for recommending people not do business with them, that's clearly
>personal opinion, which he's entitled to give.
>If he paid by credit card, he has some recourse.  It's not uncommon to
>have probems of this type with mail order nurseries.

Sorry, first let me say I'm not armed with a law degree, only common
sense.  The same common sense that a jury of 6 would use to find this
person at fault.  

He didn't state an option when he told people not to do business with
them.  He made a statement, a command.  Even before he explained his

Next, the gentleman failed to point out something, there was a third
party involved, the delivery company.   Let's play along, the shipper
sent undamage trees.  The customer received damaged trees.  What does
the customer do?  Blames the shipper, gets in an argument and hangs
up.  That was hypothethical.  

Ive received damaged items shipped.  The shipper said they weren't
dammaged, I received them damaged(not noticed till opened), UPS
investigated and I got a full refund of everything.

Now for something from the nursery site:  "Our nursery is not
responsible & liable for losses or damages to the plants done by the
shipping carrier (FEDEX , UPS, USPS). All complaints must be done
immeidately to the carrier at delivery in case of apparent or
concealed damages. "

Also, sounds like there could be a problem with getting money back
from the credit card company if he didn't take the necessary steps.

Wish him luck, and maybe everyone can get a win/win situation out of



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