1.1. In this document references to “we”, “us” or “our” are to the company, firm or organisation that will carry out the Service.
1.2. References to “you” or “your” are to the individual, company or firm who has requested the Service.
1.3. References to a “Consumer” have the same meaning as set out in the Unfair Terms in Consumer Contracts Regulations 1999.
1.4. References to “CarTakeBack” are to CarTakeBack.com Limited (a company registered in England and Wales with company number 04500288 whose registered office is at Bankfield House, Bankfield Mill, Regent Road, Liverpool, Merseyside L20 8RQ) who act as our agent.
1.5. References to “Insolvent” are to the individual, company or firm whose vehicle is to be disposed of.
1.6. References to “Service” mean the service that we will provide to you following your acceptance of a Service Offring, as further described in paragraph 3 below.
1.7. References to “Request” mean the request that you make to CarTakeBack for the provision of the Service, and
1.8. References to “Service Offering” mean the offer (as further described in paragraph 4) to provide the Service that CarTakeBack will provide to you, on our behalf, in response to a Request pursuant to which (if accepted) we will provide the Service to you.
2.1 The Contract sets out the entire agreement between you and us and supersedes all earlier agreements, representations and arrangements with respect to the subject matter hereof and each party warrants to the other that it has not relied on any representation other than as expressly set out in the Contract.
2.2 Nothing in the Contract shall operate to limit or exclude any liability for fraud.
No variation to these terms or the Contract shall be effective unless in writing signed by authorised representatives of you and us.
3.1. The Service that we will provide to you includes the following as standard:
3.1.1. treatment of the vehicle at an authorised treatment facility in accordance with the UK end of life vehicle regulations; and
3.1.2. the issue of a DVLA Certificate of Destruction- free of charge.
3.1.3. collection of the vehicle from a specified location and delivery to the authorised treatment facility.
3.2 In the event that contact with the Insolvent is not possible, you authorise us to collect and dispose of the vehicle without the Insolvent’s consent.
4.1. The price payable to you by CarTakeBack in exchange for the value of the vehicle, will have been agreed separately in writing.
4.2. If you want us to provide the Service, then you will submit a Request for the Service to CarTakeBack and, if the vehicle appears (initially) to be eligible for the Service then CarTakeBack may provide a “Service Offering” to you in return. We will then get in touch with the Insolvent in order to finalise details and arrange a collection date and time.
4.3. When you make a Request you will be asked to provide CarTakeBack with the following details: your account details, the name, address and other contact details of the Insolvent, details of the vehicle (on which we may undertake checks), its condition and its location.
4.4. By making a Request you consent to the collection, use and transfer of the information that you provide to CarTakeBack in accordance with these terms and conditions.
4.5. The information that you provide to CarTakeBack (and which CarTakeBack will provide to us) will enable CarTakeBack to put us in touch with you, allow us to provide the Service to you. You acknowledge and agree that we may make available or disclose to third parties information about you in connection with any of these purposes. We will retain the personal information provided by you for as long as is reasonably necessary for the purposes of providing the Service.
4.6. The information you provide to CarTakeBack will be held on our computers in the UK and may be accessed by or given to our staff, to any member of our group of companies and/or third parties for the purposes set out in these terms and conditions or for other purposes approved by you.
4.7. Once you have accepted the Service Offering we may contact you to ask you to verify or provide additional information.
4.8. When CarTakeBack provides a Service Offering to you, it is based on the following assumptions in relation to the vehicle. The Service Offering is based on the vehicle being:
4.8.1. a Car (category M1) or light Van (category N1) (as per European Commission Directive 2001/116/EC) having a gross vehicle weight no greater than 3500kg and no more than 9 seats;
4.8.2. “Complete” in that it contains all of the components that a person would reasonably be expected to be included within it such as the wheels, engine, gearbox, bodywork, battery and catalytic converter;
4.8.3. free from “Significant Damage” such as damage sustained in a collision or as a result of an act of theft or vandalism;
4.8.4. free from any “Additional Waste” such as litter, refuse or rubbish; and
4.8.5. “Accessible”, such that it is parked on solid ground with sufficient access for a standard recovery vehicle and with fully inflated tyres.
4.9. Where you have told us that the conditions in 4.8 vary and as a result the price for providing the Service Offering needs to be adjusted, CarTakeBack will contact you to tell you the new amount, subject to paragraph 4.10 below.
4.10. If, at any point, the cost to us of carrying out the Service increases due to us becoming aware that the vehicle is not Complete, has Significant Damage, contains Additional Waste, or is not Accessible (each as referred to in paragraph 4.8 above), then we may adjust the price, in which case you will have a reasonable opportunity to cancel the Contract without penalty.
4.11. CarTakeBack shall provide a monthly remittance advice showing any amounts which are due to you. CarTakeBack will make any Payments owed to you under the Contract in pounds sterling via cheque or BACS.
4.12. If there is a charge to be paid by you to CarTakeBack under the Contract, CarTakeBack shall raise an invoice. You shall make payment in pounds sterling to be received on or before the due date shown on the invoice. If you pay by cheque and your bank refuses to honour it, then CarTakeBack may charge you for any costs that are incurred directly as a result of such refusal (such as bank charges).
4.13. Where any terms contained in the Service Offering are varied prior to your acceptance of the Service Offering, then such variations will be confirmed to you along with all other relevant details, prior to us entering into the Contract with you.
4.14. Service Offerings are valid for seven days from the date on which the Service Offering is provided by CarTakeBack to you. In the event that you do not accept the Service Offering within this period, it will expire. If you still wish for us to provide the Services, you will need to make a new request.
4.15 You shall be liable for the disposal costs of any Additional Waste.
4.16 If you fail to comply with your obligations under this paragraph 4 then we will be entitled to suspend provision of the Services until we are satisfied that you have complied with your obligations and you shall be responsible for all losses (including without limit loss of profits), damage and expenses (direct, indirect or consequential) arising out of such failure.
4.17 Payment of any charges owed to us shall be made in full without any deduction, legal or equitable set off or abatement on any grounds. Timing shall be of the essence.
4.18 CarTakeBack may appropriate any amount owed by you to any outstanding balance owed.
5.1. Once you have accepted the Service Offering, you may not cancel the Contract without our consent, which if given will be deemed to be on the basis that you shall be liable to us for the loss of profit and such other reasonable and foreseeable loss as we may suffer as a result of such cancellation (such as, without limit, travel and time costs incurred by us prior to cancellation) and such damages shall be paid by you upon such cancellation. We shall use our reasonable endeavours to reduce any such damages by an amount to reflect any replacement contract which we are able to carry out as a result of cancellation.
6.1. The following conditions must be satisfied when you enter into this Contract and also at the time the Service is performed:
6.1.1. the statements and representations made by you are correct and accurate;
6.1.2. you have the legal right to dispose of the vehicle;
6.1.3. the vehicle is free of all charges such as a hire purchase or loan agreement;
6.1.4. you have given the Insolvent reasonable opportunity to remove any personal posessions from the vehicle; and
6.1.5. we have been given a reasonable opportunity to examine the vehicle and confirm that its condition and location are as stated by you when the Contract was formed.
6.2. If you fail to comply with any of the conditions set out in paragraph 6.1, then we are under no obligation to continue with the Service and you may be liable for our reasonable and foreseeable losses as if the Contract had been cancelled under paragraph 5.
7.1. We will do all that we reasonably can to carry out the Service within a reasonable timescale however we cannot be held responsible for delays due to extreme weather, strikes, lock outs, industrial disputes, acts of god or other circumstances beyond our reasonable control. If we do not carry out the Service within a reasonable timescale (due to a cause attributable to ourselves) then you will be able to cancel the Contract without penalty.
7.2. We warrant that the Service shall be carried out with reasonable care and skill.
7.3. If we are in breach of the above warranty (set out in paragraph 7.2) then we will arrange with you a time for us to re-perform the Service.
7.4. Nothing in this Contract shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your local Trading Standards Department or Citizens Advice Bureau.
7.5 Dates and times specified for the Service are estimates only and shall not be of the essence of the Contract.
8.1. We will only be liable for losses that are foreseeable and caused by our own negligence.
8.2. Nothing in these conditions shall exclude or limit our or CarTakeBack’s liability for death or personal injury caused by our or CarTakeBack’s negligence nor affect your statutory rights.
8.3 We do not take any responsibility for returning any personal possessions found in the vehicle. Any items found in the vehicle will be disposed of at our discretion.
8.4 We will not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof,
8.4.1 for any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings;
8.4.2 for damage to your reputation or goodwill;
8.4.3 for any loss resulting from any claim made by any third party; or
8.4.4 for any special, indirect or consequential loss or damage of any nature whatsoever.
8.5 Without prejudice to paragraphs 8.1 and 8.2 our liability in contract, tort, (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with the Contract shall be limited to the greater of the Contract value or the amount received by us for the claim under our insurance policy covering such risks provided that nothing in this paragraph will oblige us to obtain any insurance or claim upon any insurance which we hold. You acknowledge that delay in notifying any claim may prevent us recovering any money under such policy.
8.6 This paragraph 8 sets out our entire liability in respect of the Service. Except as expressly stated in these conditions all other conditions, warranties, or other undertakings concerned in respect of the Service conditions are excluded from the Contract so far as is permitted by law.
9.1. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) that we (or our employees, agents or representatives) or CarTakeBack (or CarTakeBack’s employees, agents or representatives) suffer as a result of your negligent failure or delay in the performance of your obligations under the Contract.
9.2. 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.
10.1. Any waiver by us in exercising our rights will not restrict us from exercising any of our rights at a subsequent date.
10.2. If you are a resident in the UK then the relevant UK law will apply to the Contract and the relevant UK Courts will have exclusive jurisdiction in relation to the Contract. If you are not resident in the UK then you agree that English law will apply and the English courts will have exclusive jurisdiction.
10.3. If any of the terms contained within this Contract are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of the terms and conditions which shall remain unaffected.
10.4. Except as provided in paragraph 10.5, a person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract. This paragraph 10.4 shall not affect any right or remedy of any person which exists, or is available, other than under that Act.
10.5. CarTakeBack and any of our or CarTakeBack’s affiliates, directors, employees or representatives may enforce any term of this Contract which is expressly or implicitly intended to benefit it.
10.6 You shall not assign or sub-contract any of your rights or obligations under the Contract.
11.1. You may be given the opportunity to comment on the Service, for example as part of the submission process or within a survey following the completion of the Service. Please note that it is optional to leave comments. If, however, you choose to leave a comment you agree that CarTakeBack may:
11.1.1. Display your comments along with your name, location and vehicle details in their marketing material.
11.1.2. Amend any typographical errors in your comment or remove any part of your comment as they see fit. When doing so, they endeavour not to make any material changes that would alter the original meaning.
