This Agreement is made between you and the service provider (“we”, “us” and “our”) named in your order for the Services (“Order”). You hereby confirm and agree with us that we shall handle the disposal of your car (“Services”) subject to the terms and conditions in this agreement (“Disposal Agreement”) following your acceptance of the quote given by CarTakeBack.com Limited on our behalf (“Quote”).
In entering into the Disposal Agreement with you we act via our appointed agent, CarTakeBack.com Limited (“CarTakeBack”). CarTakeBack is not a party to the Disposal Agreement and is not liable for any breach of it by either you or us.
Please read these terms carefully. They tell you how we will dispose of your car, how you and we may end the Disposal Agreement, and other important information.
1.1. These are the terms and conditions on which we supply the Services to you. By accepting the Quote, you agree to accept these terms and conditions.
1.2. We shall have the right to make any changes to the terms of this Disposal Agreement which are necessary to reflect changes in relevant laws and regulatory requirements, and we shall notify you in any such event.
1.3. You can contact us by telephoning or by writing to us using the contact details set out in the Order.
1.4. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to CarTakeBack. When we use the words “writing” or “written” in these terms, this includes emails.
1.5. In some areas you will have different rights under this Agreement depending on whether you are a business or consumer. You are a consumer if:
(a) you are an individual; and
(b) you are using our Services wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.6. If you do not satisfy the above conditions, for example because you are using our Services in connection with your trade, business, craft or profession, you will be a business customer.
1.7. We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. These terms were last updated on 29/01/2021.
2.1. Your Order is submitted when you accept our Quote. Our acceptance of your Order will take place when we email you to accept it, at which point the Disposal Agreement will come into existence between you and us.
2.2. WHERE YOU ARE A BUSINESS CUSTOMER, these terms and conditions apply to the Disposal Agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.3. If we are unable to accept the Order, we will inform you accordingly. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because a credit reference which has been obtained for you does not meet our minimum requirements, or because we have identified an error in the Quote.
4.3. We do not collect any special categories of personal data about you (such as details about your race or ethnicity, religious of philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic or biometric data). Nor do we collect any information about criminal convictions or offences.
4.4. Where we extend credit to you for the Services, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
4.5. If you don’t provide us with your personal information when requested and we need to collect it by law, or under the terms of this Disposal Agreement that we have with you, we may not be able to perform the Services. In this case, we may have to cancel the Services that you have requested (and Clause 14 will apply), but we will notify you if this is the case at the time.
5.1. You undertake and agree that the following conditions must be satisfied when you enter into this Disposal Agreement and at the time the Services are performed:
(a) the terms of the Order and any other statements and representations made by you are complete and accurate;
(b) you have the legal and beneficial right to dispose of your car and are able to enter into the Disposal Agreement;
(c) you have the right, power and authority and have taken all action necessary to execute and deliver and to exercise your rights and perform your obligations under the Disposal Agreement;
(d) your car bears its proper Vehicle Identification Number (VIN) and registration mark, and it does not have a personalised registration that you wish to retain;
(e) the odometer reading (mileage) of your car is, to the best of your knowledge, accurate and has not been tampered with;
(f) you are the sole owner of your car and your car is free of all third-party interests, such as charges or encumbrances, and is not subject to any hire purchase or loan agreement;
(g) you have been given a reasonable opportunity to remove any personal possessions from your car; and
(h) we have been given a reasonable opportunity to examine your car and confirm that its condition and location are as stated by you at the time you entered into the Disposal Agreement,
and you undertake and agree that you will:
(i) co-operate with us in all matters relating to the Services;
(j) in the event that we arrange to collect your car, provide us, our employees, agents, consultants and subcontractors, with access to your premises and other facilities as reasonably required by us in order to collect the car; and
(k) provide us with such information and materials as we may reasonably require in order to provide the Services, and ensure that such information is accurate in all material respects.
5.2. If you fail to comply with any of your obligations set out in Clause 5.1:
(a) we will have the right to suspend the Services until you remedy your default, and will not be responsible for performing this Agreement to the extent that your default prevents or delays our performance of this Agreement;
(b) we may terminate the Disposal Agreement with immediate effect by giving written notice to you;
(c) we will not be liable for any costs or losses incurred by you arising directly or indirectly from such failure; and
(d) IF YOU ARE A BUSINESS CUSTOMER, you will reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from your default.
6.1. The Services will include the disposal by us of your car; we may or may not charge you a fee in return for the disposal. If a fee is payable, this will be set out in the Order. We may have agreed to collect your car, or alternatively you may have chosen to drop your car off at our premises. You will have selected which of these options shall apply when you accepted the Quote.
6.2. The decision as to whether your car is to be recycled or kept on the road is at our sole discretion, though you may submit your preferences for how your car is handled when accepting a Quote. If you have requested that your car is treated as an end-of-life vehicle (i.e. that it is not returned to the road) and we accept this request, we may need to amend our initial Quote to reflect this. We will let you know if we do amend the Quote . and you will have the opportunity to cancel the contract if you do not wish to proceed with the revised Quote.
6.3. We shall use all reasonable endeavours to meet any performance dates specified in the Order, but any such dates shall be estimates only.
6.4. We undertake to you that we will carry out the Services using reasonable care and skill. IF YOU ARE A CONSUMER, and we do not carry out the services using reasonable care and skill, or in accordance with our description of the Services, you may have the right to ask for a reduction in the price.
6.5. If you do not allow us access to your property to collect your car, or fail to deliver the car to our premises (as set out at Clauses 9 and 10 below, as applicable) and you do not have a good reason for this, we may charge you for the additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property or an alternative drop-off date, we may end this Agreement and Clause 14 will apply.
6.6. We may need certain information from you so that we can supply the Services to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 14 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by your not giving us the information we need within a reasonable time of our asking for it.
6.7. We may have to suspend the supply of the Services to:
(a) deal with technical problems or make minor technical changes, for example to provide a specified payment method;
(b) change the manner in which we carry out the Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Services as requested by you or notified by us to you.
6.8. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract for the Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and where we impose a charge for the Services, we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
6.9. Where the Order includes a charge for the Services, if you do not pay us for the Services and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice. We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments (see Clause 8.4).
7.1. You acknowledge and agree that the Quote is based on the type of car and its location, your answers to the questions about your car’s condition, and, in the case of any unanswered questions, any assumptions that have been made and the Minimum Requirements, as set out in the Website Terms and App Terms. These details have been confirmed to you alongside your Quote and sent to you by email, where you have provided your email address. It is your responsibility to ensure the information that you provide to us is correct and accurate.
7.2. You acknowledge and agree that any inaccuracies or missing information may result in the Quote being withdrawn.
7.3. We may contact you using the contact details you have provided, to verify or request additional information about your car and its condition.
7.4. You acknowledge and agree that we may undertake checks using the information you have provided.
7.5. We may carry out an inspection of your car to verify that it meets the description and condition that you specified.
7.6. If, at any point, we become aware of anything that affects the details on which the Quote is based, then the Quote will be void. We may, at our discretion, decide to provide a new Quote, which you will have a reasonable opportunity to accept.
THIS CLAUSE APPLIES IN THE EVENT THAT A PAYMENT IS REQUIRED BY YOU IN RETURN FOR THE SERVICES
8.1. Any payments in relation to this Disposal Agreement shall be set out on our invoice to you in pounds sterling (plus VAT if applicable) and be paid by you on the date that your car is delivered or collected (as appropriate), unless we agree otherwise with you.
8.2. We will confirm the payment method (which may be cash, cheque or electronic funds transfer) with you in advance. If you pay by cheque and your bank refuses to honour it, then we may charge you for any costs that we incur directly as a result of such refusal (such as bank charges).
8.3. We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of the Order and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
8.4. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.5. If you think an invoice is wrong, please contact us using the contact details set out in the Order promptly to let us know and we will not charge you interest until we have resolved the issue.
8.6. We may at any time, without limiting our other rights or remedies, set off any amount owing to you against any amount payable by us to you.
Where you have chosen to drop your car off, no appointment is necessary, however you will need to arrive within our normal business hours, as specified in the Order.
10.1. In the event that you have asked us to collect your car this Clause 10 applies.
10.2. We will contact you to confirm its exact location and to agree a convenient collection date and time. Please note that the agreed collection date and time is an estimate only. We will use our best efforts to collect your car at the agreed time, however we would advise you not to make any plans in respect of the collection, for example by booking time off from work, as we are unable to guarantee that we will be able to collect your car at the estimated time.
10.3. We will not be liable to you for any losses if we fail to collect your car at the agreed time, however we will attempt to rearrange the collection if you wish for us to do so.
10.4. You shall ensure that your car is available to be collected at the agreed time of collection and that you are present.
11.1. Prior to handing over your car, you agree to remove any personal possessions that it may contain. We do not take any responsibility for returning any personal possessions found in your car. Any items found in your car will be disposed of at our discretion.
11.2. You agree to provide suitable means of identification (if requested by us), of which we may take copies.
11.3. When you hand over your car you agree to provide all of the following in your possession (if requested by us):
(a) all relevant keys (including any locking wheel nut or electronic keys and codes); and
(b) all relevant documents (such as the registration certificate, service history, MOT certificate and manuals).
If your car is to be recycled (rather than being kept on the road) it will be treated at an authorised treatment facility in accordance with The European Union (End-of-Life Vehicles) Regulations 2014 (as amended) in respect of England and Wales, and in accordance with parallel legislation in Scotland and Northern Ireland.
13.1. You acknowledge that it is your responsibility to notify DVLA and you agree to do all that is necessary to complete the DVLA filing requirements. Details of how to do this can be found in the How do I notify DVLA FAQ on the CarTakeBack website.
13.2. Where your car is to be recycled, we will apply to DVLA for a certificate of destruction and send a copy to you via email if you have provided your email address. In the event that it is not possible to issue a certificate of destruction, we shall use reasonable endeavours to notify you.
THE FOLLOWING CLAUSES 14.1 AND 14.2 APPLY IF YOU ARE A BUSINESS CUSTOMER
14.1. Either party may terminate the Disposal Agreement with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Disposal Agreement and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Disposal Agreement has been placed in jeopardy.
14.2. Without limiting our other rights or remedies, we may suspend the Services if you become subject to any of the events listed in Clause 14.1(b) to Clause 14.1(d) or if we reasonably believe that you are about to become subject to any of them.
THE FOLLOWING CLAUSES 14.3 TO 14.11 (INCLUSIVE) APPLY IF YOU ARE A CONSUMER
14.3. You can end your contract with us. Your rights when you end the contract are as follows:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 14.4;
(b) If you have just changed your mind about the Services, see Clauses 14.5 and 14.6. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(c) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 14.8.
14.4. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately when you notify us of your wish to end the contract and we will refund you in full where you have made payment for any Services which have not been provided. The reasons are:
(a) we have told you about an upcoming change regarding the Services or these terms which you do not agree to;
(b) we have told you about an error in the Quote or description of the Services you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
14.5. Exercising your right to change your mind under the Consumer Contracts Regulations 2013. If we have imposed a charge in return for the Services, you have certain rights under the Consumer Contracts Regulations 2013. Under these regulations you have the right to cancel your order for the Services during the period of 14 days after the day we email you to confirm we accept the Order (“Cooling Off Period”). However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us any applicable charges for the Services provided up until the time you tell us that you have changed your mind.
14.6. If Clause 14.5 applies and you want the Services to be performed before the end of the Cooling Off Period, you agree that Clause 14.7 will apply. By accepting these terms, you acknowledge that you will lose the right to cancel the Disposal Agreement once the Disposal Agreement has been fully performed.
14.7. When you don’t have the right to change your mind. You do not have a right to change your mind, once the Service has been completed, even if the cancellation period is still running.
14.8. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract for Services is completed when we have finished providing the Services and you have paid any applicable charges. If you want to end a contract before it is completed where we are not at fault and there is no right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
14.9. When your refund will be made. We will make any refunds due to you as soon as possible. Subject to Clause 14.5, if you are exercising your right to change your mind then your refund will be made within 14 days of you telling us you have changed your mind.
14.10. Our rights to end the contract. We may end the contract at any time by writing to you if:
(a) in the event you are required to pay a charge in return for the provision of the Services, you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
(c) where we have agreed to collect your car, you do not, within a reasonable time, allow us access to your premises to collect the car;
(d) you fail to perform any of your obligations set out in Clause 5.1 under this agreement or any other the representations set out in that clause are incorrect; or
(e) we have identified an error in the Quote.
14.11. You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 14.10 or otherwise we will refund any money you have paid in advance for the Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15.1. On termination of the Disposal Agreement for any reason:
(a) the rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Disposal Agreement which existed at or before the date of termination or expiry; and
(b) clauses which expressly or by implication survive termination shall continue in full force and effect.
THE FOLLOWING CLAUSE 16 APPLIES IF YOU ARE A BUSINESS CUSTOMER
16.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by Clause 16.2.
16.2. Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Disposal Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this Clause 16; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
16.3. Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Disposal Agreement.
17.1. Nothing in this Disposal Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
17.2. This Clause 17 shall survive termination of the Disposal Agreement.
17.3. We do not take any responsibility for returning any personal possessions found in your car. Any items found in your car will be disposed of at our discretion.
THE FOLLOWING CLAUSE 17.4 APPLIES IF YOU ARE A BUSINESS CUSTOMER
17.4. Subject to Clause 17.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Disposal Agreement for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of damage to goodwill; and
(g) any indirect or consequential loss.
We are not responsible for any loss that you suffer as a result of us failing to collect your car on the estimated collection date (please see Clause 10 for further information).
THE FOLLOWING CLAUSES 17.5 AND 17.6 APPLY IF YOU ARE A CONSUMER
17.5. We may be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Please note that we are not responsible for any loss that you suffer as a result of us failing to collect your car on the estimated collection date (please see Clause 10 for further information).
17.6. We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
THE FOLLOWING CLAUSE 18 APPLIES IF YOU ARE A BUSINESS CUSTOMER
18.1. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) that we (or our employees, agents or representatives) suffer as a result of your negligent failure or delay in the performance of your obligations under this Disposal Agreement.
18.2. If, as a result of your negligence, we incur any loss or expense as a result of any damage to any of our equipment, then we will seek to recover such losses and expenses from you.
19.1. Events outside of our control. Neither party shall be in breach of this Disposal Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Disposal Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
19.2. Transferring this Agreement.
(a) We may at any time transfer, assign, mortgage, charge, subcontract or deal in any other manner with our rights under the Disposal Agreement and may subcontract or delegate in any manner our obligations under the Disposal Agreement to any third party. We shall provide you with any information that you may reasonably require about the proposed transfer or subcontract.
(b) You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Disposal Agreement.
19.3. Even if we delay in enforcing this contract, we can still enforce it later. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
(a) waive that or any other right or remedy; or
(b) prevent or restrict the further exercise of that or any other right or remedy.
19.4. If a court finds part of this contract invalid, the rest will continue in force. If any provision or part-provision of the Disposal Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Disposal Agreement.
(a) Any notice or other communication given to a party under or in connection with the Disposal Agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 19.5(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one business day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19.6. Third parties. No one other than a party to the Disposal Agreement shall have any right to enforce any of its terms.
THE FOLLOWING CLAUSE 19.7 APPLIES IF YOU ARE A CONSUMER
19.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
19.8. Governing law. The Disposal Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
19.9. Jurisdiction. IF YOU ARE A BUSINESS CUSTOMER, you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Disposal Agreement or its subject matter or formation. IF YOU ARE A CONSUMER and you live in Scotland, you can bring legal proceedings in respect of this Agreement in either the Scottish or the English courts. IF YOU ARE A CONSUMER and you live in Northern Ireland, you can bring legal proceedings in respect of this Agreement in either the Northern Irish or the English courts.