• "Commercial Use" Items

    From Sam Plusnet@21:1/5 to All on Tue Feb 20 02:47:13 2024
    Having lost a PC power supply as a result of a micro-power cut a short
    while back, I decided to buy a desktop UPS to protect this PC and my NAS.

    I didn't need anything special, since this is a small domestic setup.

    I worked out what capacity I needed, and ordered the UPS from an online supplier.
    On receipt of the order, they sent an on-line form for me to fill in, asking/requiring me to agree to the following:

    "Non-Returnable / Special Order Goods Declaration
    Thank you for your recent order.

    Please be advised that your order contains 'special order' items that
    are deemed commercial-only products.
    As such these items are non-returnable goods unless faulty."

    The implication of several remarks seems to be that without my prompt agreement, the order will be 'delayed'.

    There are any number of large scale UPS's which are clearly commercial
    items, but a modest desktop UPS, just big enough to support a PC,
    monitor and a NAS, is aimed at domestic use.

    They want me to give up my rights as a retail customer. Is that reasonable?

    --
    Sam Plusnet

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  • From Alan Lee@21:1/5 to Sam Plusnet on Tue Feb 20 07:40:45 2024
    On 20/02/2024 02:47, Sam Plusnet wrote:
    ....
    Please be advised that your order contains 'special order' items that
    are deemed commercial-only products.
    As such these items are non-returnable goods unless faulty."
    ...
    There are any number of large scale UPS's which are clearly commercial
    items, but a modest desktop UPS, just big enough to support a PC,
    monitor and a NAS, is aimed at domestic use.

    They want me to give up my rights as a retail customer.  Is that
    reasonable?

    I'd be more inclined to think they were putting that in for data loss
    purposes, rather than the quality/warranty on the equipment. The UPS is
    what, £100, the data loss if it didnt work could be many £1000's.
    Go to another Retailer.

    --- SoupGate-Win32 v1.05
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  • From Mike Scott@21:1/5 to Sam Plusnet on Tue Feb 20 09:40:04 2024
    On 20/02/2024 02:47, Sam Plusnet wrote:
    ....

    They want me to give up my rights as a retail customer.  Is that
    reasonable?

    IIRC you can agree to what you like.... but your consumer rights are
    yours irrespective.

    I'm not sure I'd deal with the company though.

    --
    Mike Scott
    Harlow, England

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  • From Martin Brown@21:1/5 to Sam Plusnet on Tue Feb 20 10:04:34 2024
    On 20/02/2024 02:47, Sam Plusnet wrote:
    Having lost a PC power supply as a result of a micro-power cut a short
    while back, I decided to buy a desktop UPS to protect this PC and my NAS.

    I didn't need anything special, since this is a small domestic setup.

    A good surge arrester might also be a good investment. I have had
    calorific sparks jump from my modem after a nearby lightning strike
    ~300m away. Mains went down and to my amazement nothing of mine was
    damaged. Neighbours DECT phones and bedside alarm clocks were all toast.

    I worked out what capacity I needed, and ordered the UPS from an online supplier.
    On receipt of the order, they sent an on-line form for me to fill in, asking/requiring me to agree to the following:

    "Non-Returnable / Special Order Goods Declaration
    Thank you for your recent order.

    Please be advised that your order contains 'special order' items that
    are deemed commercial-only products.
    As such these items are non-returnable goods unless faulty."

    The implication of several remarks seems to be that without my prompt agreement, the order will be 'delayed'.

    There are any number of large scale UPS's which are clearly commercial
    items, but a modest desktop UPS, just big enough to support a PC,
    monitor and a NAS, is aimed at domestic use.

    They want me to give up my rights as a retail customer.  Is that
    reasonable?

    Not very. What sort of capacity are we talking about here?
    Mine is bordering on commercial grade at 1.5kW.
    I didn't have to waive my rights (bought from Amazon).


    --
    Martin Brown

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  • From Roger Hayter@21:1/5 to Sam Plusnet on Tue Feb 20 11:33:16 2024
    On 20 Feb 2024 at 02:47:13 GMT, "Sam Plusnet" <not@home.com> wrote:

    Having lost a PC power supply as a result of a micro-power cut a short
    while back, I decided to buy a desktop UPS to protect this PC and my NAS.

    I didn't need anything special, since this is a small domestic setup.

    I worked out what capacity I needed, and ordered the UPS from an online supplier.
    On receipt of the order, they sent an on-line form for me to fill in, asking/requiring me to agree to the following:

    "Non-Returnable / Special Order Goods Declaration
    Thank you for your recent order.

    Please be advised that your order contains 'special order' items that
    are deemed commercial-only products.
    As such these items are non-returnable goods unless faulty."

    The implication of several remarks seems to be that without my prompt agreement, the order will be 'delayed'.

    There are any number of large scale UPS's which are clearly commercial
    items, but a modest desktop UPS, just big enough to support a PC,
    monitor and a NAS, is aimed at domestic use.

    They want me to give up my rights as a retail customer. Is that reasonable?

    I think they could probably refuse to sell to you if you are not a business customer, but seeing you are a consumer not a business if they do sell to you you retain your rights. Asking you to give them up is probably (IANAL) an unfair contract term.

    Quite a lot of sellers of computer parts (such as server motherboards) state that because of the nature of the goods you must be a commercial buyer, but don't ask you to say so. This is probably completely ineffective.


    --
    Roger Hayter

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  • From Mark Goodge@21:1/5 to Sam Plusnet on Tue Feb 20 13:09:18 2024
    On Tue, 20 Feb 2024 02:47:13 +0000, Sam Plusnet <not@home.com> wrote:

    They want me to give up my rights as a retail customer. Is that reasonable?

    It's neither reasonable nor enforceable. Your status as a consumer is a
    matter of fact, not contract, and you can no more negotiate it away than you can contractually agree to be French, or a teenager. If the company sells
    the item to you, then they are selling it to a consumer and all consumer legislation applies.

    What they can do is to decline to sell it to you as a consumer, and insist
    on proof of business status (eg, VAT registration, company registration,
    etc) before entering into a contract with you. That's not uncommon for a lot
    of B2B suppliers. If they only want to sell to businesses, they are entitled
    to only sell to businesses. But they can't require you to lie and say that
    you are a business when you are not. Especially if that requirement only applies to certain products in their range.

    Mark

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  • From Sam Plusnet@21:1/5 to Alan Lee on Tue Feb 20 18:49:51 2024
    On 20-Feb-24 7:40, Alan Lee wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    ....
    Please be advised that your order contains 'special order' items that
    are deemed commercial-only products.
    As such these items are non-returnable goods unless faulty."
    ...
    There are any number of large scale UPS's which are clearly commercial
    items, but a modest desktop UPS, just big enough to support a PC,
    monitor and a NAS, is aimed at domestic use.

    They want me to give up my rights as a retail customer.  Is that
    reasonable?

    I'd be more inclined to think they were putting that in for data loss purposes, rather than the quality/warranty on the equipment. The UPS is
    what, £100, the data loss if it didnt work could be many £1000's.
    Go to another Retailer.

    Thanks to everyone for responding.

    I emailed the supplier and objected to their terms.

    Their reply was:

    "Please be advised that this unit is classed as a special order item, as
    it is ordered directly from the manufacturer and of high specification
    and value. They will not process the order until we confirm the special
    order terms and conditions.

    With special order terms and conditions, you need to confirm you are
    ordering exactly what you need and it is to your specification, as the
    unit cannot be returned unless it develops a fault within the warranty
    period.
    Your statutory rights are not affected, meaning that you can still
    return the unit if faulty under the manufacturer warranty.

    This implies that I would meet the same problem if I ordered from any
    other supplier.

    The CyberPower BR1200ELCD is a desktop UPS offering 720W/1200VA output,
    so it certainly doesn't strike me as being 'commercial' in nature, nor
    "of high specification and value".

    --
    Sam Plusnet

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  • From Sam Plusnet@21:1/5 to Martin Brown on Tue Feb 20 19:15:34 2024
    On 20-Feb-24 10:04, Martin Brown wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    Having lost a PC power supply as a result of a micro-power cut a short
    while back, I decided to buy a desktop UPS to protect this PC and my NAS.

    I didn't need anything special, since this is a small domestic setup.

    A good surge arrester might also be a good investment. I have had
    calorific sparks jump from my modem after a nearby lightning strike
    ~300m away. Mains went down and to my amazement nothing of mine was
    damaged. Neighbours DECT phones and bedside alarm clocks were all toast.

    I agree.
    The UPS I ordered has three output sockets which are battery backed and
    surge protected. There are another three sockets which are only surge protected. That seems like a reasonable compromise.

    --
    Sam Plusnet

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to Sam Plusnet on Tue Feb 20 19:47:15 2024
    On 20 Feb 2024 at 19:15:34 GMT, "Sam Plusnet" <not@home.com> wrote:

    On 20-Feb-24 10:04, Martin Brown wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    Having lost a PC power supply as a result of a micro-power cut a short
    while back, I decided to buy a desktop UPS to protect this PC and my NAS. >>>
    I didn't need anything special, since this is a small domestic setup.

    A good surge arrester might also be a good investment. I have had
    calorific sparks jump from my modem after a nearby lightning strike
    ~300m away. Mains went down and to my amazement nothing of mine was
    damaged. Neighbours DECT phones and bedside alarm clocks were all toast.

    I agree.
    The UPS I ordered has three output sockets which are battery backed and
    surge protected. There are another three sockets which are only surge protected. That seems like a reasonable compromise.

    FWIW, neither helps against lightning voltages transmitted on the telephone wires - those quaint old copper wires people used to have coming into their houses.

    --
    Roger Hayter

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  • From Mark Goodge@21:1/5 to Sam Plusnet on Tue Feb 20 21:27:27 2024
    On Tue, 20 Feb 2024 18:49:51 +0000, Sam Plusnet <not@home.com> wrote:

    [Quoting a potential supplier]

    Your statutory rights are not affected, meaning that you can still
    return the unit if faulty under the manufacturer warranty.

    That's exactly the opposite of what statutory rights mean. Your statutory rights mean you can return it if faulty even if it doesn't have a warranty.

    Mark

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  • From Les. Hayward@21:1/5 to Roger Hayter on Tue Feb 20 20:32:46 2024
    On 20/02/2024 19:47, Roger Hayter wrote:
    On 20 Feb 2024 at 19:15:34 GMT, "Sam Plusnet" <not@home.com> wrote:

    On 20-Feb-24 10:04, Martin Brown wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    Having lost a PC power supply as a result of a micro-power cut a short >>>> while back, I decided to buy a desktop UPS to protect this PC and my NAS. >>>>
    I didn't need anything special, since this is a small domestic setup.

    A good surge arrester might also be a good investment. I have had
    calorific sparks jump from my modem after a nearby lightning strike
    ~300m away. Mains went down and to my amazement nothing of mine was
    damaged. Neighbours DECT phones and bedside alarm clocks were all toast.

    I agree.
    The UPS I ordered has three output sockets which are battery backed and
    surge protected. There are another three sockets which are only surge
    protected. That seems like a reasonable compromise.

    FWIW, neither helps against lightning voltages transmitted on the telephone wires - those quaint old copper wires people used to have coming into their houses.

    I have a home brewed surge arrestor on my phone line with a gas
    discharge device and two fuses. We get quite a bit of static induced on
    the line here and from time to time the fuses blow - fortunately not
    lost a router since it went in.

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to Les. Hayward on Tue Feb 20 23:55:45 2024
    On 20 Feb 2024 at 20:32:46 GMT, ""Les. Hayward"" <les@nospam.invalid> wrote:

    On 20/02/2024 19:47, Roger Hayter wrote:
    On 20 Feb 2024 at 19:15:34 GMT, "Sam Plusnet" <not@home.com> wrote:

    On 20-Feb-24 10:04, Martin Brown wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    Having lost a PC power supply as a result of a micro-power cut a short >>>>> while back, I decided to buy a desktop UPS to protect this PC and my NAS. >>>>>
    I didn't need anything special, since this is a small domestic setup. >>>>
    A good surge arrester might also be a good investment. I have had
    calorific sparks jump from my modem after a nearby lightning strike
    ~300m away. Mains went down and to my amazement nothing of mine was
    damaged. Neighbours DECT phones and bedside alarm clocks were all toast. >>>
    I agree.
    The UPS I ordered has three output sockets which are battery backed and
    surge protected. There are another three sockets which are only surge
    protected. That seems like a reasonable compromise.

    FWIW, neither helps against lightning voltages transmitted on the telephone >> wires - those quaint old copper wires people used to have coming into their >> houses.

    I have a home brewed surge arrestor on my phone line with a gas
    discharge device and two fuses. We get quite a bit of static induced on
    the line here and from time to time the fuses blow - fortunately not
    lost a router since it went in.

    I had a dual, centre-earthed, spark gap as supplied by the GPO some time back on mine. Didn't stop it blowing varistors now and again, though.


    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Martin Brown@21:1/5 to Roger Hayter on Wed Feb 21 14:16:08 2024
    On 20/02/2024 19:47, Roger Hayter wrote:
    On 20 Feb 2024 at 19:15:34 GMT, "Sam Plusnet" <not@home.com> wrote:

    On 20-Feb-24 10:04, Martin Brown wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    Having lost a PC power supply as a result of a micro-power cut a short >>>> while back, I decided to buy a desktop UPS to protect this PC and my NAS. >>>>
    I didn't need anything special, since this is a small domestic setup.

    A good surge arrester might also be a good investment. I have had
    calorific sparks jump from my modem after a nearby lightning strike
    ~300m away. Mains went down and to my amazement nothing of mine was
    damaged. Neighbours DECT phones and bedside alarm clocks were all toast.

    I agree.
    The UPS I ordered has three output sockets which are battery backed and
    surge protected. There are another three sockets which are only surge
    protected. That seems like a reasonable compromise.

    FWIW, neither helps against lightning voltages transmitted on the telephone wires - those quaint old copper wires people used to have coming into their houses.

    Some of them do spark gap filter the incoming xDSL stream as well.

    My first modem was damaged in a lightning strike but apart from that
    they have generally survived and I get around one close hit a year. Tall
    trees nearby that attract lightning and have the scars to show for it.

    --
    Martin Brown

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  • From Sam Plusnet@21:1/5 to Simon Parker on Wed Feb 21 20:03:57 2024
    On 21-Feb-24 13:17, Simon Parker wrote:
    On 20/02/2024 18:49, Sam Plusnet wrote:
    On 20-Feb-24 7:40, Alan Lee wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    ....
    Please be advised that your order contains 'special order' items
    that are deemed commercial-only products.
    As such these items are non-returnable goods unless faulty."
    ...
    There are any number of large scale UPS's which are clearly
    commercial items, but a modest desktop UPS, just big enough to
    support a PC, monitor and a NAS, is aimed at domestic use.

    They want me to give up my rights as a retail customer.  Is that
    reasonable?

    I'd be more inclined to think they were putting that in for data loss
    purposes, rather than the quality/warranty on the equipment. The UPS
    is what, £100, the data loss if it didnt work could be many £1000's.
    Go to another Retailer.

    Thanks to everyone for responding.

    I emailed the supplier and objected to their terms.

    Their reply was:

    "Please be advised that this unit is classed as a special order item,
    as it is ordered directly from the manufacturer and of high
    specification and value. They will not process the order until we
    confirm the special order terms and conditions.

    With special order terms and conditions, you need to confirm you are
    ordering exactly what you need and it is to your specification, as the
    unit cannot be returned unless it develops a fault within the warranty
    period.
    Your statutory rights are not affected, meaning that you can still
    return the unit if faulty under the manufacturer warranty.

    This implies that I would meet the same problem if I ordered from any
    other supplier.

    The CyberPower BR1200ELCD is a desktop UPS offering 720W/1200VA
    output, so it certainly doesn't strike me as being 'commercial' in
    nature, nor "of high specification and value".

    I respectfully draw to your attention the first line of the description
    for that product on the manufacturer's web-site [1]:

    "CyberPower BR1200ELCD-UK offers *home* and office users a reliable
    battery backup..." (highlighting mine).

    Similarly, if one navigates to their "Solutions" and then "Home Theatre"
    [2] using the main navigation menus, and then clicks the UPS image
    displayed, the BRICs LCD range of units is listed in the category of
    "Home & Office UPS Systems".

    The manufacturer clearly targets this unit at the home market so I would respectfully point that out to the retailer.

    Similarly, I concur with what Mark Goodge has said elsewhere in the
    thread.  If you are purchasing this as a consumer, this is a matter of
    fact and your rights as a consumer are enshrined in law and cannot be
    changed by contract, waiver or disclaimer.

    If you cannot get any joy with the particular retailer, I recommend
    speaking to the manufacturer directly.  Their contact details are on
    their web-site.

    However, be aware that they may have different channels for consumer and business purchases and therefore may have different pricing strategies
    to reflect the increased risks represented by sales to consumers.

    Your choice may boil down to: insisting you are a consumer, with the additional rights that affords you and therefore paying more for the
    product, or accepting this particular supplier's "commercial only" restriction to achieve a lower purchase price.  (If you're using it for
    a "Home Office", for example, you may choose to present yourself as a commercial purchaser to avail of the better pricing available.)

    Regards

    S.P.

    [1] https://www.cyberpower.com/uk/en/product/sku/br1200elcd-uk
    [2] https://www.cyberpower.com/uk/en/solution/home-theater

    Thanks.

    I have asked for the original order to be cancelled and (once this is
    confirmed - it's in limbo at the moment) will try again from a different supplier (albeit at a higher price).
    If the same conditions crop up _after_ the order is placed, I will look
    for a model from a different manufacturer.

    --
    Sam Plusnet

    --- SoupGate-Win32 v1.05
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  • From Sam Plusnet@21:1/5 to Mike Scott on Fri Feb 23 18:58:30 2024
    On 20-Feb-24 9:40, Mike Scott wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    ....

    They want me to give up my rights as a retail customer.  Is that
    reasonable?

    IIRC you can agree to what you like.... but your consumer rights are
    yours irrespective.

    I'm not sure I'd deal with the company though.

    A followup:
    I cancelled the order with that original firm, and then ordered (and
    received) the exact same item _from_ the manufacturer, via a well know
    South American river.
    No hint of any special conditions of sale being imposed - despite the
    first seller's claim that those conditions were being imposed _by_ the manufacturer.

    --
    Sam Plusnet

    --- SoupGate-Win32 v1.05
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  • From Sam Plusnet@21:1/5 to Simon Parker on Mon Feb 26 19:32:43 2024
    On 26-Feb-24 15:48, Simon Parker wrote:
    On 23/02/2024 18:58, Sam Plusnet wrote:
    On 20-Feb-24 9:40, Mike Scott wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    ....

    They want me to give up my rights as a retail customer.  Is that
    reasonable?

    IIRC you can agree to what you like.... but your consumer rights are
    yours irrespective.

    I'm not sure I'd deal with the company though.

    A followup:
    I cancelled the order with that original firm, and then ordered (and
    received) the exact same item _from_ the manufacturer, via a well know
    South American river.
    No hint of any special conditions of sale being imposed - despite the
    first seller's claim that those conditions were being imposed _by_ the
    manufacturer.

    Thanks for the follow-up.

    Some manufacturers have special arrangements with certain retailers
    where they sell them certain items cheaper but expect the retailer to
    deal with any issues that arise.

    This may well be a variation of that.

    Glad you're sorted.

    Given the difference in price, your suggestion above fits the
    circumstances quite neatly.

    --
    Sam Plusnet

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Tue Feb 27 07:25:17 2024
    In message <l43q67F2goU10@mid.individual.net>, at 15:48:22 on Mon, 26
    Feb 2024, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 23/02/2024 18:58, Sam Plusnet wrote:
    On 20-Feb-24 9:40, Mike Scott wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    ....

    They want me to give up my rights as a retail customer.  Is that >>>>reasonable?

    IIRC you can agree to what you like.... but your consumer rights are >>>yours irrespective.

    I'm not sure I'd deal with the company though.

    A followup:
    I cancelled the order with that original firm, and then ordered (and >>received) the exact same item _from_ the manufacturer, via a well know >>South American river.
    No hint of any special conditions of sale being imposed - despite the >>first seller's claim that those conditions were being imposed _by_ the >>manufacturer.

    Thanks for the follow-up.

    Some manufacturers have special arrangements with certain retailers
    where they sell them certain items cheaper but expect the retailer to
    deal with any issues that arise.

    It's called a "bought out warranty", and is commonplace in consumer
    electronics for example.

    This may well be a variation of that.

    Glad you're sorted.

    Regards

    S.P.


    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Tue Feb 27 07:23:52 2024
    In message <rV5CN.128058$46Te.20946@fx38.iad>, at 18:58:30 on Fri, 23
    Feb 2024, Sam Plusnet <not@home.com> remarked:
    On 20-Feb-24 9:40, Mike Scott wrote:
    On 20/02/2024 02:47, Sam Plusnet wrote:
    ....

    They want me to give up my rights as a retail customer.  Is that >>>reasonable?

    IIRC you can agree to what you like.... but your consumer rights are
    yours irrespective.
    I'm not sure I'd deal with the company though.

    A followup:

    I cancelled the order with that original firm, and then ordered (and >received) the exact same item _from_ the manufacturer, via a well know
    South American river.

    No hint of any special conditions of sale being imposed - despite the
    first seller's claim that those conditions were being imposed _by_ the >manufacturer.

    The river company is still in the business of buying market share by
    offering far more generous T&C than most other retailers.
    --
    Roland Perry

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)