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paghat paghatSPAM-ME-NOT at netscape.net
Sun Jun 6 22:01:00 EST 2004

In article <99j7c09jk2l68sdc6fbm7ptdbch2eudu3o at 4ax.com>,
junkmail01 at intertainiaREMOVE.com wrote:

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

Honest nurseries replace anything that arrives damaged, period. If they
adhere to the policy "take it up with UPS, because we couldn't care less,"
then indeed this company should be avoided. 

The NURSERY ships & the shipper is the nursery's agent, not mine. I pay
the NURSERY for the product & the shipping, I do not pay the shipper. If
the company needs to deal with their shipper or their shipping insurance,
they can do so, but if I order something that is shipped to me, the
company I bought it from & no one else WILL take complete responsibility
for getting it to me safely & as advertised.

I've not as yet dealt with any nursery that was less than eager to make
every order 100% right. If Palm & Garden actually adheres to that stated
policy, in that case they are, no question about it, crooks.

-paghat the ratgirl
> 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
> this.
> later,
> tom

"Of what are you afraid, my child?" inquired the kindly teacher.
"Oh, sir! The flowers, they are wild," replied the timid creature.
   -from Peter Newell's "Wild Flowers"
Visit the Garden of Paghat the Ratgirl: http://www.paghat.com

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