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Rook

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Dan,

Those were two seperate statements in the same order request. I put it in twice to make sure IPSF understood the request. As I stated I needed the delivery on Saturday and could not accept it on any other day. Basically I was refuting the general policy that you must accept a late delivery.

I think I made this condition to the order clear to IPSF, and they accepted both in writing and by performance (or attempted performance.) Also, it appears to me from a statement from IPSF that it is not unlikely for shippments to arrive late (thus the need for the general condition.) If this is the case, which I am speculating, then IPSF should have either told me that could not guarantee that, or they should have taken better measures to make sure the shipment arrived on time.

FedEx does have a high priority service with a gurantee that it arrives on time. I don't know what service IPSF used, but maybe it was not a very reliable service (possibly to save money.)

Again I am not sure really what happen with FedEx. This was FedEx's mistake, but my contract was with IPSF. They did not perform their end of the Contract, thus I should not have to paid. That all there is to it.

I am not meaning to make any speculation as to IPSF's products. I have heard many good things about them, which is why I wanted to buy them. Also, I know others have been satisfied with their service. I made a special request. IPSF agreed to the request on my terms. They did not perform, and now are unwilling to work out the problem.

This thread was just intended to share one of the bad outcomes from this company. It is obviously upto individual consumers to decide if they would be willing to use a particular vendor.
 

Chucker

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Rook":bw3mg3yt said:
Dan,

Those were two seperate statements in the same order request. I put it in twice to make sure IPSF understood the request. As I stated I needed the delivery on Saturday and could not accept it on any other day.

Actually, that doesn't clarify anything to me. Feb 4th and Feb 8th are used interchangably..... Saturday or not, I think the potential for an order gone wrong starts there.
 
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Anonymous

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I still fail to see how IPSF failed to live up to their end of the contract. They arranged for delivery exactly as you specified and you screwed up. Sounds like you should be going after Fed Ex for returning the package and never delivering it.
 

Rook

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The order was for Saturday the 8th. There was no confusion about the order. IPSF did put the order into shippment with FedEx setup for Saturday delivery. If FedEx would not have messed up, their would not have been a problem. If was FedEx's fault like I said, and they admit to it.

The mistake between the 4th and the 8th was made when I was writing my rant here. It has nothing to do with the order.
 

Rook

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Rover

How did I screw up? I did not even have a chance to screw up. Also, I agree that FedEx is the one who should pay seeing that they made the mistake, but only the FedEx customer (IPSF) can make a claim to FedEx. My only recourse is then with IPSF. IPSF indicated to me, that it is too much of a pain to try to make a claim against FedEx even though it is FedEx's fault. That is fine, but why should I pay because he does not want to go through the trouble?
 
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Anonymous

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Rook":1vh4oeuv said:
Dan,

I think I made this condition to the order clear to IPSF, and they accepted both in writing and by performance (or attempted performance.)

So why is it that they must adhere to your clear condition (which they did, Fedex did not), but you don't have to adhere to their clear condition regarding late arrivals?
 
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Anonymous

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How did I screw up?

I didn't say you did. I said Fed Ex did. But why did Fed Ex decide not to deliver? They screwed up in Oakland correct? Did the package ever actually make it to your town, or did it go from Oakland back to IPSF? Did fed Ex decide on their own to return the boxes to the sender because they assumed evrything was dead?
 

Rook

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Righty,

It is called a contract. You can alter a contract when ever you want, as long as the other party agrees to it.

For example. I am sure a lot of you lease apartments like I do. When you get the lease agreement you can read it over, make any changes you do not agree with, and if the complex agrees to the new conditions, it is part of the contract. Also, a condition to a contract can be agreed to simply by performing the request action. For example, if I emailed a company and said "I want 100 widgets sent to me by next week at $10 per widget." And, the other company send the widgets (or even attempts to), they have accepted the contract.

I made an offer to form a contract with IPSF with a specific condition. I agree this is not a common condition but I still wanted it. IPSF accepted this condition both in writing (or by email) and by actual performance. When they failed to perform the violated the contract. The did fail to perform. The contract was for them to send the items to me on Saturday. I did not put any condition on the method of delivery, that was left to them. Although FedEx made the mistake, they were acting as as agent for IPSF in the attempt to fulfill this contract obligation. The failure to do so should result in me getting my money back.

Also, in addition to this claim, I never received the package, and I never refused shippment. Thus per IPSF own policy, I should be able to get my money back.
 

Rook

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Rover":ft5k6s91 said:

I didn't say you did. I said Fed Ex did. But why did Fed Ex decide not to deliver? They screwed up in Oakland correct? Did the package ever actually make it to your town, or did it go from Oakland back to IPSF? Did fed Ex decide on their own to return the boxes to the sender because they assumed evrything was dead?[/quote]

Yes, FedEx, after I told them the situation, made the decision to contact the shipper for further instructions. When I called on Monday the package was already setup to be returned to IPSF. I stress that I did not tell them at any time I would not receive the package. I did make sure that they admitted to the mistake and they stated to me that they would pay for the damages. I did this in anticipation of a IPSF making a claim.

I don't really know what route the package took, I just know it was never attempted for delivery.

I am trying to work with FedEx right now to have them start a claim sua sponte and maybe this will fix the problem.
 
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Anonymous

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Yes, FedEx, after I told them the situation, made the decision to contact the shipper for further instructions. When I called on Monday the package was already setup to be returned to IPSF.

Did IPSF instruct them to send it back? Or did they decide to based on your claim that's it all dead by now anyway?
 

Rook

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Rover":2r30rzt9 said:
Yes, FedEx, after I told them the situation, made the decision to contact the shipper for further instructions. When I called on Monday the package was already setup to be returned to IPSF.

Did IPSF instruct them to send it back? Or did they decide to based on your claim that's it all dead by now anyway?

I don't know that. IPSF said FedEx did not call them. Which may be true. If that is the case, then FedEx decided on their own to send it back. I simply told them that it was highly likely that the animals would be dead after over four days in a cold box. Of course, I was not nice with FedEx at all. But, they were very nice and apologised repetitively.
 

naesco

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Rover Righty IPSF

You guys are in the business
Have you forgot the basic.

The customer is ALWAYS right.

Rook thanks for the heads up.

IPSF should replace your order, confirm saturday delivery with a follow up and apologise to you. No questions asked period
 
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Anonymous

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Rook":1kl90582 said:
Righty,
The contract was for them to send the items to me on Saturday. I did not put any condition on the method of delivery, that was left to them. Although FedEx made the mistake, they were acting as as agent for IPSF in the attempt to fulfill this contract obligation. The failure to do so should result in me getting my money back.

Also, in addition to this claim, I never received the package, and I never refused shippment. Thus per IPSF own policy, I should be able to get my money back.

I think this has nothing to do with Saturday delivery.

By the contract that *you* agreed to, you were supposed to get the package delivered, even if it was late, to verify DOA's and such; from the guarantee part of IPSF's webstie -'IPSF assumes no liability for losses, claims or damages if you (or anyone at your address) refuses delivery, or if you instruct Fedex to return your unopened box to IPSF. Taking either of these actions voids our guarantee'.

Did you reread the guarantee page on the IPSF website when you found out there were problems with shipping? Did you read it when you made the order?

Your discussion with Fedex led them to believe that you wanted the package to be returned to sender if it was late, which it was, because if it was late you figured all the animals would be dead. This was the wrong impression to leave with them. Actually, according to the contract *you* agreed to, it was the exact wrong impression to leave them with. I understand you were mad at FedEx at the time, but that doesn't relieve you of your contract with IPSF.

I understand your frustration, however I think you had a substantial part to play in this SNAFU. Fedex screwed up, you screwed up and IPSF was enforcing their policies. You seem to not want to admit your part in this, and want IPSF to take the hit - and that seems unfair to me.

The only reason I persist in this discussion is because the title of this thread is inflamatory, and I believe, due to your part in the events, unjustified.
 

reefNewbie

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still, he should not have to pay for someone elses mistake. Like stated before the customer is always right, atleast if they ever want your bussiness again!
 
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Anonymous

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naesco":1vmlg1ut said:
Rover Righty IPSF

You guys are in the business
Have you forgot the basic.

The customer is ALWAYS right.

Actually I am not in the business anymore. :D

And, I don't actually believe the 'always' right rule of thumb is accurate, and I don't believe you do either. If you had a customer that wanted to put a tang in a 10 gallon tank, would you sell it to them?

My *guess* is that IPSF got burned a bunch of times by people refusing to accept late shipments - late for whatever reason - and decided to put their policies in place. They probobly also found that people who accepted late shipments had high surrivival rates, and returned shipments did not.

I also *suspect*, that Rooks communications with them were accusatory, rather than sympathetic. I know when I have a problem with a shipper, I follow up on it as if I could be wrong, and I almost always get satisfaction.

IPSF should replace your order, confirm saturday delivery with a follow up and apologise to you. No questions asked period

While I may agree with this, I also cannot feel any ill will towards IPSF for holding to their policies. I have no idea how many times they have been screwed, and completely understand their desire to protect themselves.
 
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Anonymous

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reefNewbie":183037mp said:
still, he should not have to pay for someone elses mistake. Like stated before the customer is always right, atleast if they ever want your bussiness again!

So IPSF should eat the cost? That hardly seems fair. Should they also eat the cost of customers that refuse shipments? Customers who fail to follow acclimation procedures? Customers who leave the package out on the porch all night?
Like I said before, the customer is always right thing doesn't hold all the time. Sometimes the customer is wrong. I have flat out refused to sell customers animals because they admitted they did not have the equipment needed to keep them alive.

Perhaps IPSF doesn't feel the need to suck up the cost of every customer who doesn't follow the gurantee policies. Perhaps they can't afford to.
 

naesco

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Righty you are right.
If a custome wants to put a tang in a small tank to are right to tell the customer he is wrong.
But its wrong for IPSF to not cough up with new critters to make things right.
Right!, eh
 

Casie

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I've ordered from IPSF 4 or 5 times. I've always found Gerald to be easy to order from. He's got one of the best live sand booster kits around and my fish LUV that tang's heaven.

FedEx on the other hand....
 

aquarist=broke

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Chucker":2gyfdt6c said:
Actually, that doesn't clarify anything to me. Feb 4th and Feb 8th are used interchangably..... Saturday or not, I think the potential for an order gone wrong starts there.

Thanks for pointing that out to me. If you hadn't, I'd still be trying to figure it out...

I see you are nearing 3*squat. heh heh....
 

ReefRian

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Righty said:
So IPSF should eat the cost? That hardly seems fair.

Now exactly how much would that really be? I got the 9 for $99 and received the anthelia, snails, live sand activator, etc. I know anthelia grows like weeds so there really isn't much cost there, and we all know how well snails reproduce, and to scoop out a little sand and some critters from a refugium doesn't take too much time.

Rook, IMO you were specific in your instructions, IPSF agreed, but the product did not arrive to you and you had no say in that fact. Since you did not tell Fed Ex to return the package to IPSF, it is not your fault that it was returned and not sent to you. Since IPSF knows you did not receive it and it was taken out of your hands, they should refund your money and do anything possible to keep you as a future customer.

I had a good experience with them, but this makes me wonder if I want to purchase something from a company that doesn't seem to care too much for customers or potential customers. (One other thing that does bother me about them is that you have to email them and cannot call if needed) This industry isn't one that everyone purchases from, it is still limited in who buys the products. If this type of thing can happen to enough people, or people decided not to use them because of the chance that this could happen to them, then they would not be able to stay in business very long.

My 2 cents,

Rian
 

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