Terms & Conditions 1.
DEFINITIONS 1.1
In these Conditions, the following definitions apply unless the context requires otherwise: “Conditions” means the terms and conditions set out in this document, as amended from time to time and displayed on the YPO Website in accordance with Clause 12.8; “Contract” means the contract between YPO and you for the sale and purchase of Goods in accordance with these Conditions; “Goods” means the goods you are purchasing as set out in your Order; “Non-Stock” means Goods dispatched directly to the Customer by a third party supplier or manufacturer; “Order” means your order for Goods, as set out in the YPO order form; “Parties” means you and YPO; means any specification for the Goods, that is agreed by the Customer and YPO; “Stock” means Goods which are held and dispatched by YPO directly; “Warranty Period” means the relevant warranty period applying to the Goods; “the Customer” or “you” means the entity or legal person which purchases the Goods from YPO; “YPO” means the Yorkshire Purchasing Organisation of 41 Industrial Park, Wakefield, WF2 0XE which is a public sector procurement and reseller organisation trading under the name “YPO” and which is owned jointly by the founder member authorities who are identified on the YPO Website; “YPO Website” means the website located at
www.ypo.co.uk; and “Working Days” means any day Monday to Friday excluding Bank and Public Holidays in England.
2. 2.1 TRAINING SERVICES
Please note that YPO teacher training services are not governed by these Conditions. Please refer to
www.ypo.co.uk/cpdterms for the relevant terms and conditions.
3. 3.1
BASIS OF SALES Unless specifically agreed otherwise in writing by YPO, these Conditions shall apply to the Contract and shall be deemed to be incorporated into all Orders to the exclusion of any other terms or conditions which you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.2
The Order is an offer by you to purchase the Goods in accordance with these Conditions, which YPO may accept or decline at its discretion. Please note that YPO cannot supply private individuals, companies or anyone under the age of 18 and you must be located in the UK or the Channel Islands to place an Order with YPO.
3.3
The Order shall only be deemed to be accepted by YPO on the earlier of YPO issuing a written acceptance of the Order or when the Goods are dispatched, at which point the Contract shall come into existence.
4.8 3.4
The Contract constitutes the entire agreement between you and YPO. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of YPO which is not set out in the Contract.
4. 4.1
DESCRIPTION The Goods are described in YPO’s current product catalogue (available in hardcopy and on the YPO website). While YPO endeavours to ensure that the printed product descriptions and associated images are up-to-date, the information on the YPO Website will always be the most current and accurate source of product and pricing information. All Customers with a YPO premises code can set up an online account. Please visit
www.ypo.co.uk/home to register for a new on-line account or to access an existing one.
4.2
You are responsible for ensuring that the details provided in your Order are complete and accurate in all respects. To avoid duplication of Orders and
4.5
invoices, please do not send Orders in more than one format (e.g. fax & post). YPO reserves the right to make changes to the specification of Goods to ensure conformity with any applicable statutory or EC requirements or which are considered necessary by YPO to achieve the required quality or performance.
4.3
The measurements of the Goods including (without limitation) parameters such as size, capacity and weight are approximate and are as advised by YPO’s suppliers and manufacturers. They are to YPO’s knowledge correct but may be subject to errors and omissions. If this happens, YPO will use reasonable efforts to supply you with a suitable alternative. On occasion, YPO may have to discontinue the supply of particular Goods without notice for reasons beyond our control.
4.4
Please note that the colour of any Goods illustrated in our sales materials are representative only due to the limitations of print and electronic colour reproduction. YPO disclaims, to the fullest extent permitted by law, any liability to you for any typographical, clerical, or other error, omission or mistake in sales materials, quotations, price lists, the YPO Website, invoices or any other documents provided by YPO. Where any such error has occurred, YPO reserve the right to withdraw the relevant Goods from sale immediately and/or cancel any unfulfilled Orders for the relevant Goods without liability to you. Please note that some Goods may be supplied with alternative labelling or packaging to that illustrated, but the Goods will be of a similar quality and price.
If you identify an error, mistake or omission, please let YPO’s Customer Contact Centre know immediately. YPO will offer you the options of reconfirming the Order with appropriate changes or alternatively allow you to cancel the Order. If you decide to cancel your Order, YPO will refund or credit you for the sum that has been paid.
4.6
Any requests for cancelling an Order where it is no longer required should be made to the YPO Customer Contact Centre before the actual despatch of Goods if possible. Please refer to our Returns Advice online at
www.ypo.co.uk/returns or phone 01924 834 834 for further details. Amendments to Orders relating to Goods comprising of food must be received not less than two Working Days before the estimated delivery date.
4.7
Where indicated, the Goods must be used as stipulated. In addition, it is also your responsibility to check before purchasing that the Goods are suitable and safe for the people and purposes for which they will be used, including without limitation, any Goods comprising food products.
All Goods are subject to availability. If Goods are out of stock, YPO reserves the right to automatically substitute equal or superior quality products to fulfil your Order and this will be highlighted in the delivery documentation with the Goods. If the substitute is unacceptable to you, YPO will accept the return of the substitute and refund to you any payment made for the same provided that the substitute Goods are returned to YPO unused, in their original packaging and are accompanied by a YPO collection note.
5. 5.1
FRAMEWORK CONTRACTS These terms and conditions do not apply to YPO’s arrangement of contract services on behalf of public sector customers under frameworks, which will be subject to the specific terms and conditions for the particular framework agreement. Your contract for these services and any liability relating to the same will be directly with the ultimate service provider and not YPO.
6. 6.1 DELIVERY AND RETURNS YPO endeavours to dispatch Stock Goods so they
will be delivered to you within three Working Days from the date of receipt of the Order, free of charge. Where available, to guarantee next day delivery, orders must be received by 2pm. For Non-Stock Goods delivered by third party suppliers (e.g. furniture vendors) we will advise you of the estimated delivery date by acknowledgement. This could be longer than the estimated three to five Working Day period. Orders for Goods comprising food products must be received not less than four Working Days before they are required by you. Non-Stock Goods may be subject to delivery charges so please enquire if these charges may apply in advance of placing all such Orders. All dates for delivery (Stock and Non-Stock Goods) are approximate only, and time shall not be of the essence in respect of delivery. Without prejudice to the foregoing, YPO shall not be liable for any delay in delivery of the Goods that is caused by events beyond our reasonable control or the Customer’s failure to provide YPO with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. Goods may also be delivered in advance of estimated delivery dates.
6.2
All deliveries will be despatched to the premises address of the account holder who placed the Order. Delivery to an alternative (non-home or business address) must be advised by you at the point of ordering.
6.3
Where any of the Goods are not included in your delivery because they are unavailable the Goods will have their status indicated on the delivery note as one of the following: (a) “To follow” - Do not reorder, we will send as soon as possible; or (b) “Discontinued”: Item unavailable and cancelled from Order; or “Issues Suspended”: Do not reorder, we will send as soon as possible.
6.4
We reserve the right to charge carriage and a re-stocking fee of 20% of the value of the Goods, or a minimum fee of £10, whichever is the greater, on any deliveries which are refused without a valid reason.
6.5
To notify YPO of discrepancies with an Order, or to request the return of any items (Stock or Non-Stock Goods) for replacement, exchange or refund, please contact the YPO Customer Contact Centre with full Order details and the reason for the return within the following deadlines: (a) for Goods which are damaged or faulty within 3 Working Days of delivery (b) for Goods that have not been received at all or in part within 3 Working Days of the date of invoice; (c) for Goods which comprise food products with defects in the food itself within 48 hours of delivery; (e) for Goods which comprise food, discrepancies in the number of packages delivered must be agreed with the delivery driver and recorded in writing with the delivery driver (food packages must be checked and signed for on delivery). YPO may make exceptions to these timescales for notification (at its discretion) if the Goods were delivered during school holidays providing you make a written request to YPO’s Customer Contact Centre.
6.6
YPO will not accept the return of Goods without prior authorisation or where the returned Goods are unfit for re-sale (unless the Goods have been reported damaged or faulty in accordance with Clause 6.5) and these Goods must be paid for in full by you. Perishable food Goods are not returnable unless they are defective and reported as such in accordance with Clause 6.5 above.
6.7
In respect of Stock Goods all carriers are only authorised to collect Goods to be returned where they are accompanied by a YPO collection note, issued in advance by the YPO Customer Contact Centre. Where the Goods to be returned are Non-Stock and the delivery arrangements were made with a third party other than YPO’s Customer Contact Centre, then these Goods must not be returned using a YPO
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