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Live Food Delivery - Half Dead

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Hi,

 

We've been incubating bearded dragon eggs for the last couple of months, and only recently have they started hatching. We made an order from a website for 1000 live crickets to feed the hatchlings. Upon delivery this morning, I'd estimate about half of the 1000 crickets to be dead. I counted to 100 and gave up, because there were several times more to go (and it is very time consuming!)

 

I'm a bit unsure where to go with this. The company's terms and conditions state (sorry it's a bit long winded)

 

FAULTY GOODS (8.1) "Any claim by the Customer that Live Foods arrived dead must be notified to the Company within 24 hours of delivery. Any claim by the Customer that Livestock arrived dead, damaged or otherwise in an unacceptable condition must be notified to the Company within 48 hours of delivery. Any claim by the Customer which is based on any defect in the quality or condition of any other Goods or their failure to correspond with the specification shall (whether or not delivery is refused by the Customer) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. The Customer must telephone the Company to obtain a return authorisation number which must be shown on the outside of the package containing returned Goods. All returned Goods must be accompanied by a copy of the delivery note and a note of the reason/cause for return, and be unused in their original packaging. If the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Live Foods or the other Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Consignment had been delivered in accordance with the Contract. (8.2) Where any valid claim in respect of any of the Goods which is based on any defect in the quality of condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Terms, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer. (8.3) If the returned Goods are found not to be faulty, the Company reserves the right to charge an administration fee and return postage and packing.

Does this mean I have to ring up and get a returns number? I can't exactly return the crickets because I've transferred them from the packaging to an aquarium to house them until they're eaten. This is also cited in the terms and conditions:

upon receipt of Live Foods (except pre-packed tubs), the Customer must transfer the Goods into containers suitable for the storage of those Goods;
Any advice please? Obviously I will ring the company within the 24 hours, but I don't know what I expect and what exactly my rights are / what I'm entitled to. Many thanks :D

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don't worry too much about their own terms and conditions. You are protected by the sale of goods act and the items must be as described and fit for their purpose.

 

You never know, maybe the supplier is entirely reasonable and has experienced this kind of problem before and will deal with you fairly.

 

Anyway contact the supplied immediately without any hanging around. Also I suggest that you photograph the consignment and continue to do so that one or two hourly intervals -- making sure that you use a digital camera that will record the time and date information.

 

All the stuff that they say in their terms and conditions that you must do otherwise you will not be entitled to any replacement or refunds etc is just a load of nonsense. Don't worry about it. On the other hand you should act quickly and reasonably in the circumstances and try to cooperate with their requirements to the extent that you reasonably can.

 

Take photographs, make detailed notes of everything that is happening, I suggest that you transfer any dead crickets to a freezer. call the supplier straightaway, telling what is happening, telling about the packaging problem and see what happens.

 

If you want to get funny about it then come back here to the forum.


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Thanks for the reply :cool:

After a heated discussion with the woman on the other end of the phone, they've [very] reluctantly agreed to send out another box of 500. Providing none of these ones are dead, we might end up with our original order of 1000 crickets!

Thanks for the help - I know it was a relatively straight-foreward problem, but I wanted to make sure I had something to go with if they kicked up a fuss!

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Don't dragons eat virgins and peasants and things?

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I don't know about crickets, but when I used to work for a supplier of seafood to top London restaurants (we're talking Marco Pierre White here, or the Savoy, the Roux brothers etc...), the rule was that if more than 10% of the langoustines were DOA, then they would reject the lot. then again, there are slightly different criteria as you can imagine... :razz:

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