These T+C affect your statutory rights
These T+C affect your statutory rights
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chippy348

Original Poster:

691 posts

169 months

Thursday 18th January 2024
quotequote all
Just got some parts in for Chroming, i have got to sign the terms and conditions before they will start.

On the header it says " these terms and conditions affect your statutory rights"

I have read all of them and there is quite a few things i am not happy with, some are bizarre of i am honest you get a feel for how something is going to end so with so will be collecting the parts tomorrow and go elsewhere.

But it is the fact that you are waving some / all of your rights that got me, can they do this ?

FWIW

3,739 posts

119 months

Thursday 18th January 2024
quotequote all
Is it over £100 value? Is so, pay by credit card.

chippy348

Original Poster:

691 posts

169 months

Thursday 18th January 2024
quotequote all
FWIW said:
Is it over £100 value? Is so, pay by credit card.
Its in the T&C no credit card payments, bank trans, cash or debit card only.

babelfish

995 posts

229 months

Thursday 18th January 2024
quotequote all
chippy348 said:
Just got some parts in for Chroming, i have got to sign the terms and conditions before they will start.

On the header it says " these terms and conditions affect your statutory rights"

I have read all of them and there is quite a few things i am not happy with, some are bizarre of i am honest you get a feel for how something is going to end so with so will be collecting the parts tomorrow and go elsewhere.

But it is the fact that you are waving some / all of your rights that got me, can they do this ?
"it is against the law to try to take away a consumer's 'statutory rights' in your contract terms, on your website or brochure or through a notice in your business premises."

https://www.businesscompanion.info/en/quick-guides...

FWIW

3,739 posts

119 months

Friday 19th January 2024
quotequote all
chippy348 said:
FWIW said:
Is it over £100 value? Is so, pay by credit card.
Its in the T&C no credit card payments, bank trans, cash or debit card only.
Shady bds!

babelfish

995 posts

229 months

Friday 19th January 2024
quotequote all
babelfish said:
"it is against the law to try to take away a consumer's 'statutory rights' in your contract terms, on your website or brochure or through a notice in your business premises."

https://www.businesscompanion.info/en/quick-guides...
the bit of law stopping them doing it:

https://www.legislation.gov.uk/ukpga/2015/15/part/...

blueg33

44,213 posts

246 months

Friday 19th January 2024
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You can’t contract out of statute.

MustangGT

13,631 posts

302 months

Friday 19th January 2024
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blueg33 said:
You can’t contract out of statute.
This, but note the legislation is different for B2B compared with B2C.

blueg33

44,213 posts

246 months

Friday 19th January 2024
quotequote all
MustangGT said:
blueg33 said:
You can’t contract out of statute.
This, but note the legislation is different for B2B compared with B2C.
I do B2B contracts at work, property related and supply chain. You still can't contract out of statute.

Steve-B

906 posts

304 months

Friday 19th January 2024
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Find another supplier - as others said you cannot override a statute!

Rough101

2,924 posts

97 months

Friday 19th January 2024
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Basically they don’t want business from consumers, only businesses- and probably want to avoid a rinsing like they’ve had in the past.

Roger Irrelevant

3,290 posts

135 months

Friday 19th January 2024
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Being a pedant I have to point out that it is possible to contract out of/override some statutes, but not the one which is relevant here, and those T&Cs raise a presumption that the business concerned is rather shady.

MustangGT

13,631 posts

302 months

Friday 19th January 2024
quotequote all
blueg33 said:
MustangGT said:
blueg33 said:
You can’t contract out of statute.
This, but note the legislation is different for B2B compared with B2C.
I do B2B contracts at work, property related and supply chain. You still can't contract out of statute.
Exactly

DP14

373 posts

61 months

Friday 19th January 2024
quotequote all
Rough101 said:
...probably want to avoid a rinsing like they’ve had in the past.
I think it's this.

Being charitable, I suspect they know they can't make people waive their statutory rights but want to discourage those who start talking about their consumer rights when their crappy, rough Ford Capri bumpers don't come out to Rolls-Royce standards of chroming.

blueg33

44,213 posts

246 months

Friday 19th January 2024
quotequote all
DP14 said:
Rough101 said:
...probably want to avoid a rinsing like they’ve had in the past.
I think it's this.

Being charitable, I suspect they know they can't make people waive their statutory rights but want to discourage those who start talking about their consumer rights when their crappy, rough Ford Capri bumpers don't come out to Rolls-Royce standards of chroming.
Or they are not confident in the quality of their work or their processes.

donkmeister

11,418 posts

122 months

Friday 19th January 2024
quotequote all
blueg33 said:
DP14 said:
Rough101 said:
...probably want to avoid a rinsing like they’ve had in the past.
I think it's this.

Being charitable, I suspect they know they can't make people waive their statutory rights but want to discourage those who start talking about their consumer rights when their crappy, rough Ford Capri bumpers don't come out to Rolls-Royce standards of chroming.
Or they are not confident in the quality of their work or their processes.
Or they're people who dip stuff in a tank all day, and aren't necessarily even aware that their T&C's are bogus.

OP, if you are confident in their output then go with it. If you are not confident, then don't. If they cock up your particular job and won't rectify it amicably then you can give such T&C's a good ignoring when taking it further. Hell, it might even help any case where you are raising a claim against them and their defence is "but we tried to override statutes!"

chippy348

Original Poster:

691 posts

169 months

Friday 19th January 2024
quotequote all
Thanks for the replies, i will do a group reply rather than trying to quote each one of you.

In this case it is B2B, but it is the same T+C for joe public.

I have collected the parts and explained my position, he offered to show me some of there work, i said that would not be necessary as i has seen his work Via is YouTube channel, this was they reason to move from my existing chrome Co i was going to give them a "Go".

The issue they have taken 2 weeks to get what they call a CPO over to me, and then the turnaround has gone from 2-6 weeks to 8 WORKING weeks, they only work 4 days a week.

But the main reason was these 2 paragraphs in the T+C

3 - The Work Estimated
All work quoted for is to be finished to a ‘curbside view’ standard. This means it will
look presentable and comparable to the original finish of the part when viewed from a
distance of two meters provided the original part is suitable Any prices quoted are
estimated only and are for the surface finishing only and do not include any metalwork
repairs that may be needed. Unless otherwise stated, all quotes are for a nickel &
chrome finish. This is the original finishing method. If any additional work is required
to achieve a acceptable finish, this will incur extra costs.

4 - Special Requirements
Any special requirements (such as masking threads, critical dimensions etc,) need to be
given in writing at the outset of the order. Concourse finishes can be achieved, but are
charged at a much higher rate than our ordinary prices. Whether or not a face is critical
on any item is decided by XYZ Chrome Plating Ltd unless this information
is given in writing at the outset of the order.


"curbside view at 2 meters" I read that as basically the standard is not the best they can do as they go on to state they can do "Concourse finishes" but you have to ask for it and it costs more.

This is not a massive company that it chroming bath tap and such commercial stuff, but a smaller one that does a lot of classic car/ bike stuff, "high quality is what they are about, all on the YT channel they are always quoting how they do things better.

There was a few other points in the T+C that was strange, i just did not get the best feeling about it, yes i get the T+C and yes i understand they may have difficult customers in the past to deal with and they are covering themselves, but for me they are too much.





langtounlad

795 posts

193 months

Friday 19th January 2024
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My perhaps controversial view is that they are trying to deliver a service that avoids disappointments. They are managing customer expectations in advance, rather than trying explain the plating process to a disappointed customer after the fact.

It's similar in concept to accepting jobs in the print industry where the printer's job is to print the artwork provided without introducing manufacturing or process errors. Customers then get upset to discover spelling mistakes or other content errors and get upset that the printer didn't spot or correct the error. The supplied artwork is the customer's responsibility

In this instance, I suspect, the plater is trying to make clear that plating a roughly prepared part will result in a part that has been professionally plated to a consistent coating weight etc - but will still have a rough finish. The surface finish prior to plating is the responsibility of the customer.

chippy348

Original Poster:

691 posts

169 months

Friday 19th January 2024
quotequote all
langtounlad said:
My perhaps controversial view is that they are trying to deliver a service that avoids disappointments. They are managing customer expectations in advance, rather than trying explain the plating process to a disappointed customer after the fact.

In this instance, I suspect, the plater is trying to make clear that plating a roughly prepared part will result in a part that has been professionally plated to a consistent coating weight etc - but will still have a rough finish. The surface finish prior to plating is the responsibility of the customer.
I get your 1st point, trying to avoid disappointments, but it has a whiff of they having a lot of issues with customers.

your second point is not quite right. They have to strip, polish repair the parts before chrome, there is no "customer prep" they handle it all, more to the point it is this process that is the most difficult and where things can go wrong.

The surface needs to be flat, smooth and free of marks and scratches, any scrachest left say from the belt sanding will be shown once chrome plated, that is not acceptable, but using his "curbside finish" it would be.



spikeyhead

19,532 posts

219 months

Friday 19th January 2024
quotequote all
chippy348 said:
langtounlad said:
My perhaps controversial view is that they are trying to deliver a service that avoids disappointments. They are managing customer expectations in advance, rather than trying explain the plating process to a disappointed customer after the fact.

In this instance, I suspect, the plater is trying to make clear that plating a roughly prepared part will result in a part that has been professionally plated to a consistent coating weight etc - but will still have a rough finish. The surface finish prior to plating is the responsibility of the customer.
I get your 1st point, trying to avoid disappointments, but it has a whiff of they having a lot of issues with customers.

your second point is not quite right. They have to strip, polish repair the parts before chrome, there is no "customer prep" they handle it all, more to the point it is this process that is the most difficult and where things can go wrong.

The surface needs to be flat, smooth and free of marks and scratches, any scrachest left say from the belt sanding will be shown once chrome plated, that is not acceptable, but using his "curbside finish" it would be.
...then why not avail yourself of their concourse finish?