1. GENERAL CONDITIONS
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 "Service" mean the service that we will
provide to you following your acceptance of a Quotation, as further
described in paragraph 3 below.
1.6. References to a "Request" mean the request that you
make to Cartakeback for the provision of the Service and
1.7. references to "Quotation" 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. FORMATION
2.1. This document sets out the terms and conditions that
apply to the provision of the Service. It is our intention
that the Service is provided by us and accepted by you on these
terms. You may want to print a copy for future
reference. If you are a Consumer and you wish to rely on any
variation to these terms then you should ensure that the variation
is notified to us in writing before issuing any instructions to us
to carry out the Service.
3. SERVICE
3.1. The Service that we will provide to you includes the
following as standard:
3.1.1. treatment of your 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.
3.2. In addition to the above, we are also able to arrange
for your vehicle to be collected from a specified location and
delivered to the authorised treatment facility. You will have
discussed this option with Cartakeback at the time that you
accepted a Quotation.
3.3. Your vehicle will be destroyed unless you agree
otherwise with us or our agent.
4. QUOTATION
4.1. In determining the Quotation, the value of any
re-usable parts and recyclable materials have been taken into
consideration and the cost of providing the service has been
deducted, in order to arrive at the net "Payment" which we will owe
to you. In circumstances where the costs outweigh the value
of the vehicle, there may be a "Charge" payable by you to us; this
will be clearly stated in the Quotation.
4.2. If you want us to provide the Service, then you will
submit a Request for the Service to Cartakeback and, if your
vehicle appears (initially) to be eligible for the Service then
Cartakeback may provide a "Quotation" to you in return. We
will then get in touch with you in order to finalise some
details.
4.3. When you make a Request you will be asked to provide
Cartakeback with the following details: your name, address and
other contact details, details of your vehicle (on which we may
undertake checks), its condition and, if you require us to collect
your vehicle, 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 Quotation we may contact
you to ask you to verify or provide additional information.
4.8. When Cartakeback provides a Quotation to you, it is
based on the following assumptions in relation to your
vehicle. The Quotation is based on your 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 engine, gearbox, bodywork 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. if your vehicle is to be collected by us,
"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 amount contained in the Quotation needs to be
adjusted, we will contact you to tell you the new amount, subject
to our rights set out in 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
where the vehicle to be collected is not Accessible (each as
referred to in paragraph 4.8 above), then we may adjust the
Quotation, in which case you will have a reasonable opportunity to
cancel the Contract without penalty.
4.11. We will make any Payments that we owe to you under
the Contract in pounds sterling on the date that the vehicle is
accepted, unless otherwise agreed.
4.12. If there is a charge to be paid by you to us under
the Contract, as a Consumer you shall make payment in pounds
sterling to be received by us on or prior to the date on which the
vehicle is accepted, unless we agree otherwise with you. 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).
4.13. Where any terms contained in the Quotation are varied
prior to your acceptance of the Quotation, 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. Quotations are valid for 14 days from the date on
which the Quotation is issued provided by Cartakeback to you.
In the event that you do not accept the Quotation within this
period, it will expire. If you still wish for us to provide
the Services, you will need to make a new request.
5. CANCELLATION
5.1. Under the Consumer Protection (Distance
Selling) Regulations 2000 ("Regulations") consumers are given the
right to cancel orders for services during the period of seven
working days after the day on which the consumer enters into an
agreement for the provision of services with a supplier or, if
later, the day on which a consumer receives notice of its right to
cancel ("Cooling Off Period"). The Regulations contain
several exceptions to the Cooling Off Period. These
exemptions are relevant when, as part of your Request, you ask us
to start providing the Service before the Cooling Off Period ends
(e.g. where you have asked us to make arrangements to collect your
vehicle or where you drop your vehicle off at our facility and
agree we can provide the Service). Accordingly, you
acknowledge and agree that when you enter into this Contract and we
come to collect your vehicle from you, or you drop your vehicle off
for us to provide the Service, your rights to cancel under the
Regulations end at that point in time.
5.2. Subject to the above, once you have accepted the
Quotation, 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. CONDITIONS
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; and
6.1.4. 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. SERVICE STANDARD
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.
8. EXCLUSION OF LIABILITY
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.
9. YOUR LIABILITY
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. GENERAL
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.
11. COMMENTS
11.1. We may give you the opportunity to comment on our
service as part of the quotation process or within a survey
following the delivery of the service. Please note that it is
optional to leave comments.
11.2. If you choose to leave a comment you agree that we
may:
11.2.1. Display your comments along with your name and
location in our marketing material, including, but not limited to,
the Cartakeback.com website, the Cartakeback Facebook page and
Twitter page;
11.2.2. Amend any typographical errors in your comment or
remove any part of your comment as we see fit. When doing so,
we will not make any material changes to your comment that would
alter the original meaning.
NON CONSUMER TERMS
If you are not a Consumer then the following conditions shall
apply in addition to those conditions set out above (provided that
if there is any conflict between any condition set out above and
any set out below then the latter shall prevail):
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.
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 We may appropriate any amount paid by you to any
outstanding invoice.
4.19 Any Payment owed by us to you will be paid upon receipt
of your invoice showing VAT added on to the amount at the current
rate where applicable
7.5 Dates and times specified for the Service are estimates
only and shall not be of the essence of the Contract.
8.3 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,
8.3.1 for any economic loss of any kind whatsoever, including
without limit loss of profit, business contracts, revenues or
anticipated savings;
8.3.2 for damage to your reputation or goodwill;
8.3.3 for any loss resulting from any claim made by any third
party; or
8.3.4 for any special, indirect or consequential loss or
damage of any nature whatsoever.
8.4 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.
8.5 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.
10.6 You shall not assign or sub-contract any of your rights
or obligations under the Contract.