Early Years Furniture Terms & Conditions
5.13. Most furniture Goods are made to your Specifi cation and the re-stocking charge for returns varies depending on the item, (approximately 20-40% of the Goods total cost). Further, whilst YPO endeavour to accommodate the return of such Goods, in certain circumstances this may not be possible. If you would like to return a furniture item, please contact the Furniture Customer Care Team on 01924 834834 who will be happy to assist you. The return of other Direct Items (item numbers prefi xed with a ‘D’) may incur a handling charge. Please note, it may not be possible to return certain items delivered direct from our suppliers.
6. QUALITY AND WARRANTY
6.1. All Goods are sold with the benefi t of the relevant manufacturer or supplier’s warranty. Please contact YPO’s Customer Contact Centre or refer to the YPO website to fi nd out specifi c warranty details. YPO offer a very fl exible Goods returns policy referred to by YPO as the “No Quibble Guarantee”, the limited conditions applying to this policy are described in the remainder of this Clause 7.
6.2. Subject to Clause 7.3 below, if you give notice in writing to YPO during the Warranty Period that some or all of the Goods do not comply with the relevant warranty referred to in Clause 7.1 YPO shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full, provided always that YPO is given a reasonable opportunity of examining such Goods; and the Customer (if asked to do so by YPO) returns such Goods to YPO.
6.3. YPO shall not be liable for Goods’ failure to comply with the warranty referred to in Clause 7.1 if: (a) you make any further use of such Goods after giving notice in accordance with Clause 7.2; (b) the defect arises because you failed to follow YPO’s or the manufacturer’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same; (c) the Goods were altered or repaired without the written consent of YPO; (d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal use, storage or working conditions; and /or the Goods differ from their description or their Specifi cation (as applicable) as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
6.4. Except as provided in this Clause 7, YPO shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranties set out in Clause 7.1 and the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (as amended) are, to the fullest extent permitted by law, excluded from the Contract. These Conditions shall apply to any repaired or replacement Goods supplied by YPO.
7. TITLE AND RISK
7.1. The risk in the Goods shall pass to you on completion of delivery. Title to the Goods shall not pass to you until YPO has received payment in full (in cash or cleared funds) for the Goods and any other goods supplied by YPO to you in respect of which payment has become due.
8. PRICE & PAYMENT
8.1. Subject to Clause 9.3, the price of the Goods shall be the price set out in the Catalogue, online at the YPO Website or if no price is quoted, the price set out in YPO’s published price list in force at the date of Order. Unless otherwise stated prices are valid from 1st April 2024 to 31st March 2025 and supersede all previous prices. YPO may invoice you for the Goods on or at any time after the dispatch of the Goods.
8.2. In the event of a discrepancy between a price offered in the Catalogue and the price offered online at the YPO Website, then the parties agree that the price offered on the YPO Website shall be the correct price to be paid for the supply of the Goods.
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8.3. YPO may update prices and delivery charges at any time. Despite YPO’s best efforts, a small number of Goods may be mispriced for any reason, and in such circumstances YPO will not be obliged to supply Goods at the incorrect price or at all. YPO will, at its discretion: (i) cancel your Order and issue you with a refund; or
(ii) contact you to ascertain whether you wish to continue with your Order at the correct price. If you do not wish to proceed with the Order at the correct price, or YPO is unable to contact you, YPO will cancel the Order and refund the price paid.
8.4. The price of the Goods is exclusive of amounts in respect of value added tax (VAT) and is quoted in pounds sterling. The buyer is required to pay any tax, duty or other government charge levied. You shall, on receipt of a valid VAT invoice from YPO, pay to YPO such additional amounts in respect of VAT as are chargeable on the supply of the Goods. YPO’s VAT Registration No is 642 7206 51. If you have a VAT exemption, a written VAT exemption declaration must be submitted at the time of ordering for YPO’s consideration.
8.5. When making an order using campaign codes, multiple campaign codes cannot be used against that order.
8.6. You shall pay the invoice in full and in cleared funds within 28 days of the date of the invoice. Time of payment shall be of the essence. YPO can accept payment by BACS (the account number is 13093603 and the sort code is 20-89-68), Government Procurement Card (Level 3 line item detail is supported) or Direct Debit (by prior arrangement). Please note we do not accept payment by personal cheque but can accept payment by debit/credit card.
8.7. You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except where required by law). YPO may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by YPO to the Customer.
8.8. YPO reserves the right to review any credit limit applied on a periodic basis. This may include consultation with a credit reference agency as well as the account’s trading history. If you wish to discuss your credit limit needs please contact the Accounts Receivable team on 01924 834832.
9. LOYALTY SCHEME
9.1. YPO runs a loyalty scheme which allows customers who join to receive special offers and to share in a part of YPO’s annual profi ts using redeemable vouchers. Full details of the Loyalty Scheme Terms and Conditions can be found at
www.ypo.co.uk/public-sector/loyalty/how-does- our-loyalty-scheme-work. The Loyalty Scheme may be withdrawn or suspended at YPO’s discretion.
10. LIABILITY
10.1. Nothing in these Conditions shall limit or exclude YPO’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable); fraud or fraudulent misrepresentation; or in respect of any matter where it would be unlawful for YPO to exclude or restrict liability.
10.2. Subject to Clause 11.1, YPO shall under no circumstances whatever be liable to you, whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, for any loss of profi t, loss of business, loss of goodwill, loss of revenue, or loss of anticipated savings (whether direct or indirect in each case) or for any indirect or consequential loss arising under or in connection with the Contract.
10.3. Subject to Clause 11.1, YPO’s total aggregate liability arising under or in connection with the Contract, whether in contract, tort (including without limitation negligence),
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breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equivalent to the price of the Goods purchased under the Contract.
11. GENERAL
11.1. Events Beyond our Reasonable Control. YPO shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond YPO’s reasonable control including, without limitation, Acts of God, strikes, lock-outs and other industrial disputes, failure of suppliers, breakdown of systems or network access, fl ood, fi re, explosion or accident.
11.2. Data Protection and Freedom of Information. YPO is registered under the Data Protection Act 2018 (as amended) and will safeguard Customer information in line with these requirements, as stated in YPO’s Privacy Policy, available at
www.ypo.co.uk/legal/privacy. In order to improve our service or for training purposes only, calls to YPO may be recorded or monitored. YPO is subject to the Freedom of Information Act 2000 (as amended).
11.3. Assignment and other Dealings. YPO may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of YPO.
11.4. Copyright and Trademarks. Reproduction in whole or in part of these Conditions or of YPO’s sales materials, trade marks, documentation or the YPO Website is strictly prohibited without the express written permission of YPO. All third party trade marks are published under licence or contract agreement.
11.5. Invalidity. If any part of these Conditions is unenforceable (including without limitation, any provision in which YPO excludes its liability to you) the enforceability of any other part of these Conditions shall not be affected.
11.6. Waiver. A waiver of any right or remedy under the Contract or at law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
11.7. Third Party Rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
11.8. Variation. YPO may vary these Conditions from time to time so you should refer to the YPO Website (www.
ypo.co.uk/terms) before ordering to see if any changes have been made to them. You can see if there has been a change by referring to the date of issue at the footer of the Conditions.
11.9. Governing Law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the English Courts. Please note that framework agreements operating in Scotland will be subject to the particular terms and conditions agreed with YPO.
FOR ALL YPO SUPPLIES LTD CUSTOMERS PLEASE GO TO:
www.ypo.co.uk/legal/terms-and-conditions-of-sale
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