Custom Offer Terms

1. Introduction

These terms and conditions are set out in two parts:

1.1. Part A, which sets out the terms and conditions which apply to the offer process which, by making a Request to CarTakeBack, you confirm that you wish to submit your car to. The terms and conditions set out in Part A detail the relationship that CarTakeBack has with you for the facilitation of Offers from Potential Buyers and are enforceable between you and CarTakeBack ("Offer Services Contract"); and

1.2. Part B, which sets out the terms and conditions which apply in respect of the Offer which is made for your car by a Potential Buyer which you then accept. The terms and conditions set out in Part B detail the relationship that the Buyer has with you in respect of the Offer for and the sale and purchase of your car and are enforceable between you and the Buyer ("Vehicle Sale Contract"). Once you have accepted an Offer made by a Potential Buyer for your car, CarTakeBack has no further formal involvement in the process as CarTakeBack is not a party to the Vehicle Sale Contract.

Part A - Offer services contract

2. General conditions

In this Offer Services Contract only:

2.1. references to a “Potential Buyer” mean a company, firm or organisation that may make an Offer to you;

2.2. references to a "Buyer" mean the Potential Buyer that makes an Offer to you which you accept;

2.3. references to "you" or "your" mean the individual or organisation who has requested the Service;

2.4. references to a "Consumer" have the same meaning as set out in the Consumer Protection Act 2007;

2.5. references to "CarTakeBack" mean 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 acts as the Potential Buyers' agent and makes them aware of the availability of your car and facilitates the communication of any Offers, which are made by Potential Buyers, to you;

2.6. references to a "Request" mean the request that you make to CarTakeBack to pass on details that you have provided about you and your car to Potential Buyers, with the intention of receiving an Offer (as further described in paragraph 5);

2.7. references to "Offer" mean an offer which a Potential Buyer may make to you to purchase your car for a specified amount (as further described in paragraph 7); and

2.8. references to "Service" mean the facilitation of an introduction between you and Potential Buyers for the potential sale and purchase of your car.

 

3. Application of this offer services contract

3.1. This Offer Services Contract details the relationship that CarTakeBack has with you for the facilitation of Offers from Potential Buyers.

3.2. It is CarTakeBack's intention that the Service is provided by CarTakeBack and accepted by you on the terms set out in this Offer Services Contract. By making a Request to CarTakeBack, you agree to accept these terms and conditions. You may want to print a copy for future reference.

3.3. If you wish to rely on any variation to this Offer Services Contract then you should ensure that the variation is notified to CarTakeBack in writing and that CarTakeBack accepts the variation in writing before you accept. No variation to these terms or this Offer Services Contract shall be effective unless in writing signed by authorised representatives of you and CarTakeBack.

3.4. Where any terms are varied prior to you asking CarTakeBack to carry out the Service for you, such variations will be confirmed to you along with all other details, prior to this Offer Services Contract taking effect.

4. CarTakeBack's service

4.1. The "Service" that CarTakeBack shall provide to you is the facilitation of an introduction between you and Potential Buyers for the potential sale and purchase of your car. CarTakeBack shall make Potential Buyers aware of the availability of your car and shall facilitate the communication of any Offers, which are made by Potential Buyers, to you. CarTakeBack does not guarantee that any one or more Offer will be received for your car. No payment is due from you to CarTakeBack for this Service.

4.2. The parties to the Vehicle Sale Contract are you and the Buyer. CarTakeBack is not a party to that contract and is not liable for any breach of it by either you or the Buyer.

5. Request

5.1. You may make a Request via CarTakeBack's website (http://www.cartakeback.ie) or by telephone 

(1800 844 389).

5.2. You agree to accurately describe the identity (including, without this being an exhaustive list, the make, model and age) and condition of your car (which may include the mileage, the National Car Test Certificate expiry date, whether it starts and drives, whether any major components are missing, whether there is any significant damage and whether it has ever been written off by an insurance company). If your car is not legally or safely drivable, you must inform CarTakeBack of that fact.

5.3. The address that you provide to CarTakeBack when making a Request shall be assumed by CarTakeBack to be a domestic address (for example, your home address) unless you notify CarTakeBack otherwise.

5.4. By making a Request you consent to:

5.4.1. the collection, use and transfer of the information that you provide to Potential Buyers in accordance with these terms and conditions; and

5.4.2. CarTakeBack offering your car, on your behalf, to Potential Buyers for purchase.

5.5. When you make a Request, CarTakeBack will only pass your contact details on to a Potential Buyer, if there is a need for them to communicate directly with you in order to collect additional information about your car, in relation to making an Offer. When you accept an Offer, your contact details will always be passed on to the Buyer whose Offer you accept, at which point the provisions of the Vehicle Sale Contract shall apply and you and the Buyer shall communicate directly in relation to your car.

5.6. The information that you provide to CarTakeBack will enable CarTakeBack to provide the Service to you and to put any Buyer in touch with you. You acknowledge and agree that CarTakeBack may make available, or disclose to third parties, information about you in connection with any of these purposes. CarTakeBack will retain the personal information provided by you for as long as is reasonably necessary for the purposes of providing the Service.

5.7. The information you provide to CarTakeBack will be held on its computers in the UK (or elsewhere in Europe) and may be accessed by or given to CarTakeBack staff, Potential Buyers (and their staff), Buyers (and their staff) and/or third parties for the purposes set out in these terms and conditions or for other purposes approved by you.

5.8. You acknowledge that any Offers made by Potential Buyers will be based on the information provided by you being accurate and that any inaccuracies or missing information may result in an Offer being withdrawn.

6. The offer process

6.1. After making a Request and therefore submitting your car to the Offer process, Potential Buyers will have the opportunity to view the details that you have provided, contact you to discuss the condition of your car and to make an Offer for your car The details will be recorded using a central system operated by CarTakeBack ("Database"). CarTakeBack shall not be obliged to, and shall not, make any wider publication of the details of your car otherwise than on its Database.

6.2. You will be notified by CarTakeBack when an Offer for your car has been made. You can view the Offer by accessing CarTakeBack's website (http://www.cartakeback.ie) and entering your car’s registration number and address details as provided in your Request.

6.3. Any Offer that you receive will be based on you either delivering your car to a specified delivery point or your car being collected from the address that you provided when you made a Request. Potential Buyers shall make it clear, when making an Offer, whether their Offer is made based on the delivery or the collection of your car and this will be part of the information that CarTakeBack passes on to you.

6.4. There will be a period of up to seven (7) days from the date of the Offer ("Decision Period"), during which time you still have the opportunity, at any time, to accept the Offer that has been made to you.

6.5. After the Decision Period ends, the Offer will be designated as "Expired", at which point:

6.5.1. you can no longer accept the Offer which was made to you. The Offer will immediately become invalid; and

6.5.2. you will have the option to start the process from the beginning; or

6.5.3. you will have the option to request that CarTakeBack provide you with a simple scrap quotation for your car (which, if you accept, will be subject to separate terms and conditions).

7. Offers

7.1. The Offers which are made to you by Potential Buyers will be based on:

7.1.1. you providing an accurate description of your car;

7.1.2. the eventual Buyer being able to carry out an inspection of your car in order to verify that your car meets the description and condition that you specified. In some circumstances, the Buyer may ask to take a test drive of your car with you (proof of insurance of your car will be required). If the information that you have provided is assessed, upon inspection of your car, to be inaccurate the Offer will be void;

7.1.3. your car being in the condition it was described;

7.1.4. your car being free from any additional waste, such as litter, refuse or rubbish; and

7.1.5. (where your car is to be collected by the eventual Buyer) your car being accessible, such that it is parked on solid ground with sufficient access for a standard recovery vehicle and with fully inflated tyres.

7.2. CarTakeBack is under no obligation to procure that one or more Offers are made for your car. CarTakeBack's role is to make Potential Buyers aware of the availability of your car and to facilitate the communication of any Offers, which are made by Potential Buyers, to you.

7.3. You are under no obligation to accept the Offer made to you. Once you accept an Offer, however, you are agreeing (subject to the terms of the Vehicle Sale Contract) to sell your car to the Buyer.

7.4. Upon your acceptance of an Offer, the provisions of the Vehicle Sale Contract shall apply. You acknowledge and agree that the Buyer shall, at its sole discretion following its purchase of your car, decide whether your car is returned to the road or disposed of (in accordance with all applicable end of life vehicle legislation).

7.5. If, at any point, the cost to CarTakeBack of carrying out the Service increases, or the value of your car decreases, as a result of CarTakeBack and/or any Buyer becoming aware that any of the conditions in paragraph 7.1 above vary from the information that you provided when making a Request, then the original Offer may be withdrawn and a new Offer may be provided. CarTakeBack and/or Potential Buyers and/or any Buyer are not in any way obliged to provide you with a new Offer. Where a new Offer is provided (based on the actual condition of your car), you will have a reasonable opportunity to cancel this Offer Services Contract.

8. Cancellation

8.1. Statutory Rights of Cancellation: In certain circumstances, you might have rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the “2013 Regulations”). These 2013 Regulations apply only if you are a consumer entering into a sales contract or a services contract where you, as a consumer, pay or undertake to pay a price for the goods or services. Where you have rights under the 2013 Regulations, these rights are outlined below.

8.1.1. Generally the 2013 Regulations will not apply to the transactions envisaged by these Terms, but in the event that they do, a consumer will have the right to cancel orders for services during the period of fourteen (14) calendar 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.

8.1.2. Once you have accepted the Quotation, you may cancel the Contract within fourteen (14) days as outlined at 8.1.1 above. However, if you want the Service to be performed before the end of the Cooling Off Period you must (i) provide prior express consent to the commencement of the performing of the Service (ii) acknowledge that you will lose the right to cancel the Contract once the Contract has been fully performed.

8.2. Other Cancellation: Other than the statutory right of cancellation in 8.1 above, you may not cancel the Contract without our consent. If you nevertheless cancel you shall be liable to us for the reasonable and foreseeable loss we 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.

9. Conditions

9.1. The following conditions must be satisfied when you enter into this Offer Services Contract and at the time the Service is performed:

9.1.1. the statements and representations made by you are correct and accurate;

9.1.2. you have the legal and beneficial right to dispose of the car and are able to enter into a legally binding contract for the sale of your car;

9.1.3. the car bears its proper registration mark and Vehicle Identification Number (VIN);

9.1.4. the odometer reading (mileage) of your car is, to the best of your knowledge and belief, accurate and has not been tampered with;

9.1.5. the car is free of all charges such as a hire purchase or loan agreement;

9.1.6. you have removed any personal possessions from the car; and

9.1.7. the Buyer shall be given a reasonable opportunity to examine the car and confirm that its condition and location are as stated by you when this Offer Services Contract was formed.

9.2. If you fail to comply with any of the conditions set out in paragraph 9, then CarTakeBack shall be under no obligation to continue with the Service and you may be in breach of this Offer Services Contract and liable for CarTakeBack's reasonable and foreseeable losses as if this Offer Services Contract had been cancelled. Subject to the above, once you have asked CarTakeBack to carry out the Service, you may not cancel this Offer Services Contract without CarTakeBack's consent, which if given will be deemed to be on the basis that you shall be liable to CarTakeBack for the loss of profit and such other reasonable and foreseeable loss as CarTakeBack may suffer as a result of such cancellation (such as, without limit, time costs incurred by CarTakeBack prior to cancellation) and such damages shall be paid by you upon such cancellation. CarTakeBack shall use its reasonable endeavours to reduce any such damages by an amount to reflect any replacement contract that it is able to carry out as a result of cancellation.

10. Service standard

10.1. CarTakeBack will do all that it reasonably can to carry out the Service within a reasonable timescale however it cannot be held responsible for delays due to extreme weather, strikes, lock outs, industrial disputes, acts of God or other circumstances beyond CarTakeBack’s reasonable control. You acknowledge that CarTakeBack cannot guarantee the continuous operation of or access to its website, Database or emails. If CarTakeBack does not carry out the Service within a reasonable timescale (due to a cause attributable to itself) then you will be able to cancel this Offer Services Contract without penalty.

10.2. CarTakeBack warrants that the Service shall be carried out with reasonable care and skill.

10.3. If CarTakeBack is in breach of the above warranty (set out in paragraph 10.2) then CarTakeBack will arrange with you a time for it to re-perform the Service.

10.4. Nothing in this Offer Services Contract shall affect your statutory rights. If you have any doubts as to your statutory rights then you should seek your own legal advice.

11. EXCLUSION OF LIABILITY

11.1. CarTakeBack (including its group companies, officers, directors, agents and employees) will only be liable for losses arising from this Offer Services Contract that are foreseeable and caused by its own negligence.

11.2. CarTakeBack (including its group companies, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any of the following losses, costs, expenses or damages, whether they are considered to be direct or indirect, which you incur or suffer and which arise out of, or in connection with, the supply, non-supply or delay in supplying the Service provided under this Offer Services Contract or otherwise in connection with this Offer Services Contract:

11.2.1. any losses which arise, directly or indirectly from the actions or inactions of a Potential Buyer or a Buyer;

11.2.2. any costs incurred by you in respect of the storage of your car at a storage facility which you have failed to notify CarTakeBack of contrary to the provisions of paragraph 5.3 above; or

11.2.3. any losses which are not reasonably foreseeable or which are special or consequential, however they might be caused and even if CarTakeBack was advised of the possibility of them in advance.

11.3. If you have a dispute with a Buyer, you agree that CarTakeBack (and its group companies, and CarTakeBack's and their respective officers, directors, employees and agents) shall not be responsible for or in any way connected with such dispute.

11.4. Nothing in these conditions shall exclude or limit CarTakeBack's liability for death or personal injury caused by CarTakeBack's negligence or for fraudulent misrepresentation, nor affect your statutory rights.

11.5. CarTakeBack does not take any responsibility for returning any personal possessions found in the car. Any items found in the car will be disposed of at the Buyer's discretion.

12. Your liability

12.1. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) that 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 this Offer Services Contract.

13. General

13.1. Any waiver by CarTakeBack in exercising its rights will not restrict it from exercising any of its rights at a subsequent date.

13.2. If you are a resident of Ireland then the relevant Irish law will apply to this Offer Services Contract and the relevant Irish Courts will have exclusive jurisdiction in relation to this Offer Services Contract. If you are not resident in Ireland then you agree that English law will apply and the English courts will have exclusive jurisdiction.

13.3. If any of the terms contained within this Offer Services 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.

13.4. Except as provided in paragraph 13.5, a person who is not party to this Offer Services Contract shall have no right to enforce any term of this Offer Services Contract.

13.5. The Buyer and any of CarTakeBack's and/or the Buyer's affiliates, directors, employees or representatives may enforce any term of this Offer Services Contract which is expressly or implicitly intended to benefit it.

14. Comments

14.1. 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:

14.1.1. display your comments along with your name, town, and car make and model, in their marketing material; and/or

14.1.2. amend any typographical errors in your comment or remove any part of your comment as it sees fit. When doing so, CarTakeBack shall endeavour not to make any material changes that would alter the original meaning of your comments.

Non consumer terms

If you are not a Consumer then the following conditions shall apply (and shall be deemed inserted in the relevant parts of this Offer Services Contract so specified) in addition to (or, if appropriate, in place of) 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). These terms also apply to a local authority and An Garda Síochána disposing of vehicles pursuant to statutory powers.

3.5 This Offer Services Contract sets out the entire agreement between you and CarTakeBack 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 this Offer Services Contract.

3.6 Nothing in this Offer Services Contract shall operate to limit or exclude any liability for fraud.

3.7 No variation to these terms or this Offer Services Contract shall be effective unless in writing signed by authorised representatives of you and CarTakeBack.

5.3 The address that you provide to CarTakeBack for the collection of your car (if appropriate) shall be assumed by CarTakeBack to be your regular business address (for example, your office) unless you notify CarTakeBack otherwise.

5.9 You agree to declare to CarTakeBack if you are a motor trader selling a car in the course of business, and that you are acting as a trader in accordance with the Consumer Protection Act 2007.

7.6 You shall be liable for the disposal costs of any additional waste.

7.7 If you fail to comply with your obligations under this paragraph 7 then CarTakeBack will be entitled to suspend provision of the Services until CarTakeBack is 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.

7.8 Where information provided by you was incorrect or deemed to be a breach of this Offer Services Contract CarTakeBack shall be entitled to levy upon you a reasonable cancellation charge which reflects CarTakeBack's reasonable and foreseeable losses arising from the time spent dealing with the Offer process on your behalf.

7.9 Payment of any amounts owed to CarTakeBack shall be made in full without any deduction, legal or equitable set off or abatement on any grounds. Time shall be of the essence in relation to payment by you.

10.5 Dates and times specified for the Service are estimates only and shall not be of the essence of this Offer Services Contract.

11.2 CarTakeBack (including its group companies, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any of the following losses, costs, expenses or damages, whether direct or indirect, whether caused by the negligence of CarTakeBack (including its group companies, officers, directors, agents and employees), which you incur or suffer and which arise out of, or in connection with, the supply, non-supply or delay in supplying the Service provided under this Offer Services Contract or otherwise in connection with this Offer Services Contract:

11.2.1 any losses which are not reasonably foreseeable by CarTakeBack or which arise, directly or indirectly from the actions or inactions of a Potential Buyer or a Buyer;

11.2.2 any costs incurred by you in respect of the storage of your car at a storage facility which you have failed to notify CarTakeBack of contrary to the provisions of paragraph 5.3 above;

11.2.3 loss of actual or anticipated profit, business contracts, revenues or anticipated savings;

11.2.4 damage to your reputation or goodwill;

11.2.5 any loss resulting from any claim made by any third party; or

11.2.6 any special, indirect or consequential loss or damage of any nature whatsoever, however they might be caused and even if CarTakeBack was advised of the possibility of them in advance.

11.6 Without prejudice to paragraphs 11.1 to 11.3 (inclusive), CarTakeBack's liability in contract, tort, (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with this Offer Services Contract shall be limited to the amount received by CarTakeBack for the claim under CarTakeBack's insurance policy covering such risks provided that nothing in this paragraph will oblige CarTakeBack to obtain any insurance or claim upon any insurance which CarTakeBack holds. You acknowledge that delay in notifying any claim may prevent CarTakeBack recovering any money under such policy.

11.7 This paragraph 11 sets out CarTakeBack's entire liability in respect of the Service. Except as expressly stated in these terms and conditions all other conditions, warranties, or other undertakings concerned in respect of the Service are excluded from this Offer Services Contract so far as is permitted by law.

13.6 You shall not assign or sub-contract any of your rights or obligations under this Offer Services Contract.

Part B - Vehicle sale contract

15. General conditions

In this Vehicle Sale Contract only:

15.1. references to "Buyer" mean the Potential Buyer that has made an Offer to you to purchase your car which you accept;

15.2. references to a “Potential Buyer” mean a company, firm or organisation that made an Offer to you to purchase your car for a specified amount but which you did not accept;

15.3. references to "you" or "your" mean the individual, company or firm who has requested the Service;

15.4. references to a "Consumer" have the same meaning as set out in the Consumer Protection Act 2007;

15.5. references to "CarTakeBack" mean 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 acts as the Buyer's agent;

15.6. references to a "Request" mean the request that you made to CarTakeBack to pass on details that you provided about you and your car to Potential Buyers, with the intention of receiving an Offer;

15.7. references to "Offer" mean the offers which Potential Buyers made to purchase your car for a specified amount; and

15.8. references to "Service" mean the service that we will provide to you following your acceptance of an Offer, as further described in paragraph 17.1 below.

16. Application of this vehicle sale contract

16.1. This Vehicle Sale Contract details the relationship that the Buyer has with you in relation to the purchase of your car.

16.2. It is the Buyer's intention that the Service is provided by the Buyer and accepted by you on these terms. By accepting the Buyer's Offer, you agree to accept these terms and conditions. You may want to print a copy for future reference.

16.3. If you are a Consumer and you wish to rely on any variation to this Vehicle Sale Contract then you should ensure that the variation is notified to and agreed with the Buyer in writing before issuing any instructions to the Buyer to carry out the Service.

16.4. Where any of these terms are varied prior to your acceptance of the Buyer's Offer, such variations will be confirmed to you along with all other details, prior to the provisions of this Vehicle Sale Contract taking effect.

17. The process which follows the acceptance of an Offer

17.1. Following the acceptance by you of an Offer, subject to the remaining terms and conditions set out in this Vehicle Sale Contract, the Buyer shall provide the following "Service" to you:

17.1.1. the purchase of your car (for return to the road and not to be discarded as waste)) for an agreed amount (subject to the remaining terms and conditions set out in this Vehicle Sale Contract, in particular the car first being inspected in accordance with paragraph 17.3.2); or

17.1.2. the purchase of your car (to be discarded as waste) for an agreed amount (subject to the remaining terms and conditions set out in this Vehicle Sale Contract, in particular the car first being inspected in accordance with paragraph 17.3.2.

17.1.3. In circumstances where your car is to be returned to the road, the Buyer will assist you in the update of Vehicle registration records by providing you with the necessary information to enable you to complete the transfer of registered keeper details; or

17.1.4. In circumstances where your car is to be discarded as waste, the Buyer will issue you with a Certificate of Destruction, where possible; in either case in accordance with current regulatory requirements.

17.1.5. You shall provide the Buyer with such assistance as it may require to enable it to complete the above filing requirements.

17.2. If you have accepted an Offer which was based upon your car being collected from a location specified in your Request, the Buyer shall collect your car from you.

17.3. You acknowledge and agree that the Offer which was made to you by the Buyer was based on:

17.3.1. you providing an accurate description of your car;

17.3.2. the Buyer being able to carry out an inspection of your car in order to verify that your car meets the description and condition that you specified . Such inspection will be carried out at the time that you deliver your car to the Buyer or, if you have accepted an Offer which was based upon your car being collected from a location specified in your Request, at the time that the Buyer collects the car from you. In some circumstances, the Buyer may ask to take a test drive of your car with you;

17.3.3. your car being in the condition it was described, when making a Request;

17.3.4. your car being free from any additional waste, such as litter, refuse or rubbish; and

17.3.5. if you have accepted an Offer which was based upon your car being collected from a location specified in your Request, your car being accessible, such that it is parked on solid ground with sufficient access for a standard recovery vehicle and with fully inflated tyres.

17.4. In respect of sub clauses 17.3.1 – 17.3.5 above, if the information that you have provided is assessed, upon inspection of your car, to be inaccurate the Offer will be void;

17.5. The Buyer may contact you to verify, request or provide additional information such as additional contact details, your car details (on which the Buyer may undertake checks), the date and time when you plan to deliver your car, or if you have accepted an Offer which was based upon your car being collected from a location specified in your Request, its location and a convenient collection date and time.

18. Payment

18.1. The Buyer will make any payments which it owes to you under this Vehicle Sale Contract in euros (plus VAT if applicable) on the date that your car is delivered or collected (as appropriate), unless otherwise agreed.

18.2. The Buyer will confirm the payment method (which may be cash, cheque or electronic funds transfer) with you in advance.

19. Cancellation

19.1. Statutory Rights of Cancellation: In certain circumstances, you might have rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the “2013 Regulations”). These 2013 Regulations apply only if you are a consumer entering into a sales contract or a services contract where you, as a consumer, pay or undertake to pay a price for the goods or services. Where you have rights under the 2013 Regulations, these rights are outlined below.

19.1.1. Generally the 2013 Regulations will not apply to the transactions envisaged by these Terms, but in the event that they do, a consumer will have the right to cancel orders for services during the period of fourteen (14) calendar 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.

19.1.2. Once you have accepted the Quotation, you may cancel the Contract within fourteen (14) days as outlined at 19.1.1 above. However, if you want the Service to be performed before the end of the Cooling Off Period you must (i) provide prior express consent to the commencement of the performing of the Service (ii) acknowledge that you will lose the right to cancel the Contract once the Contract has been fully performed.

19.2. Other Cancellation: Other than the statutory right of cancellation in 19.1 above, you may not cancel the Contract without our consent. If you nevertheless cancel you shall be liable to us for the reasonable and foreseeable loss we 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.

20. Your information

20.1. By accepting an Offer for your car, you consent to the collection, use and transfer of the information that you provide to the Buyer in accordance with these terms and conditions. The information that you provide to the Buyer will enable the Buyer to provide the Service to you. You acknowledge and agree that the Buyer may make available, or disclose to third parties, information about you in connection with any of these purposes. The Buyer will retain the personal information provided by you for as long as is reasonably necessary for the purposes of providing the Service.

20.2. The information you provide to the Buyer will be held on its computers in the UK and in Ireland and may be accessed by or given to the Buyer's staff, any member of its group of companies and/or third parties for the purposes set out in these terms and conditions or for other purposes approved by you.

20.3. You acknowledge that the Offer made by the Buyer is based on the information provided by you being accurate and that any inaccuracies or missing information may result in the Offer being withdrawn.

21. Conditions

21.1. The following conditions must be satisfied when you enter into this Vehicle Sale Contract and at the time the Service is performed:

21.1.1. the statements and representations made by you are correct and accurate;

21.1.2. you have the legal and beneficial right to dispose of the car and are able to enter into a legally binding contract for the sale of your car;

21.1.3. the car bears its proper registration mark and Vehicle Identification Number (VIN);

21.1.4. the odometer reading (mileage) of your car is, to the best of your knowledge and belief, accurate and has not been tampered with;

21.1.5. the car is free of all charges such as a hire purchase or loan agreement;

21.1.6. you have been given a reasonable opportunity to remove any personal possessions from the car; and

21.1.7. the Buyer has been given a reasonable opportunity to examine the car and confirm that its condition and location are as stated by you when the Offer Services Contract was formed.

21.2. If, at any point, the cost to the Buyer of carrying out the Service increases, or the value of your car decreases, as a result of the Buyer becoming aware that any of the conditions in paragraph 21.1 above vary from the information that you provided when making a Request, then the original Offer made by the Buyer may be withdrawn and a new Offer may be provided although the Buyer is not in

any way obliged to provide you with a new Offer. Where a new Offer is provided (based on the actual condition of your car), you will have a reasonable opportunity to cancel this Vehicle Sale Contract, however in circumstances where information provided by you was incorrect or deemed to be a breach of Contract, the Buyer may charge you a reasonable cancellation charge which reflects the Buyer's reasonable and foreseeable losses arising from the time spent dealing with the Offer, you and your car. Furthermore, If you fail to comply with any of the conditions set out in paragraph 21.1 above, then the Buyer is under no obligation to continue with the Service and you may be liable for the Buyer's reasonable and foreseeable losses as if this Vehicle Sale Contract had been cancelled.

22. Service standard

22.1. The Buyer will do all that it reasonably can to carry out the Service within a reasonable timescale however the Buyer cannot be held responsible for delays due to extreme weather, strikes, lock outs, industrial disputes, acts of god or other circumstances beyond the Buyer's reasonable control. If the Buyer does not carry out the Service within a reasonable timescale (due to a cause attributable to the Buyer) then you will be able to cancel this Vehicle Sale Contract without penalty.

22.2. The Buyer warrants that the Service shall be carried out with reasonable care and skill.

22.3. If the Buyer is in breach of the above warranty (set out in paragraph 22.2) then the Buyer will arrange with you a time for it to re-perform the Service.

22.4. Nothing in this Vehicle Sale Contract shall affect your statutory rights. If you have any doubts as to your statutory rights then you should seek your own legal advice.

23. Exclusion of liability

23.1. The Buyer (including its group companies, officers, directors, agents and employees) will only be liable for losses arising from this Vehicle Sale Contract that are foreseeable and caused by the Buyer's own negligence.

23.2. The Buyer (including its group companies, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any losses which are not reasonably foreseeable by the Buyer or which are special or consequential, however they might be caused and even if the Buyer was advised of the possibility of them in advance, whether they are considered to be direct or indirect, which you incur or suffer and which arise out of, or in connection with, the supply, non-supply or delay in supplying the Service provided under this Vehicle Sale Contract or otherwise in connection with this Vehicle Sale Contract.

23.3. Nothing in these conditions shall exclude or limit the Buyer's liability for death or personal injury caused by the Buyer's negligence or for fraudulent misrepresentation nor affect your statutory rights.

23.4. The Buyer does not take any responsibility for returning any personal possessions found in the car. Any items found in the car will be disposed of at the Buyer's discretion.

24. Your liability

24.1. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) that the Buyer (or its employees, agents or representatives) suffers as a result of your negligent failure or delay in the performance of your obligations under this Vehicle Sale Contract.

24.2. If, as a result of your negligence, the Buyer incurs any loss or expense as a result of any damage to any of its equipment, then the Buyer will seek to recover such losses and expenses from you.

25. General

25.1. Any waiver by the Buyer in exercising its rights will not restrict the Buyer from exercising any of its rights at a subsequent date.

25.2. If you are a resident in Ireland then the relevant Irish law will apply to this Vehicle Sale Contract and the relevant Irish Courts will have exclusive jurisdiction in relation to this Vehicle Sale Contract. If you are not resident in Ireland then you agree that English law will apply and the English courts will have exclusive jurisdiction.

25.3. If any of the terms contained within this Vehicle Sale 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.

25.4. Except as provided in paragraph 25.5, a person who is not party to this Vehicle Sale Contract shall have no right to enforce any term of this Vehicle Sale Contract.

25.5. CarTakeBack and any of the Buyer's and/or CarTakeBack's affiliates, directors, employees or representatives may enforce any term of this Vehicle Sale Contract which is expressly or implicitly intended to benefit it.

Non consumer terms

If you are not a Consumer then the following conditions shall apply (and shall be deemed inserted in the relevant parts of this Vehicle Sale Contract so specified) 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): 16.5 This Vehicle Sale Contract sets out the entire agreement between you and the Buyer 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 this Vehicle Sale Contract.

16.6 Nothing in this Vehicle Sale Contract shall operate to limit or exclude any liability for fraud.

16.7 No variation to these terms or this Vehicle Sale Contract shall be effective unless in writing signed by authorised representatives of you and the Buyer.

17.6 You shall be liable for the disposal costs of any additional waste.

17.7 If you fail to comply with your obligations under this paragraph 17 then the Buyer will be entitled to suspend provision of the Services until the Buyer is 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.

17.8 Payment of any amounts owed to the Buyer shall be made in full without any deduction, legal or equitable set off or abatement on any grounds. Time shall be of the essence.

18.3 Any amount owed by you may be appropriated to any outstanding invoice.

18.4 Any amount owed to you will be paid upon receipt of your invoice showing VAT added on to the amount at the current rate where applicable.

22.5 Dates and times specified for the Service are estimates only and shall not be of the essence of this Vehicle Sale Contract.

23.2 The Buyer (including its group companies, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any of the following losses, costs, expenses or damages, whether direct or indirect, whether caused by the negligence of the Buyer (including its group companies, officers, directors, agents and employees), which you incur or suffer and which arise out of, or in connection with, the supply, non-supply or delay in supplying the Service provided under this Vehicle Sale Contract or otherwise in connection with this Vehicle Sale Contract:

23.2.1 loss of actual or anticipated profit, business contracts, revenues or anticipated savings;

23.2.2 damage to your reputation or goodwill;

23.2.3 any loss resulting from any claim made by any third party; or

23.2.4 for any special, indirect or consequential loss or damage of any nature whatsoever, however they might be caused and even if the Buyer was advised of the possibility of them in advance.

23.5 Without prejudice to paragraphs 23.1 to 23.4 (inclusive), the Buyer's liability in contract, tort, (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with this Vehicle Sale Contract shall be limited to the greater of the value of this Vehicle Sale Contract or the amount received by the Buyer for the claim under the Buyer's insurance policy covering such risks provided that nothing in this paragraph will oblige the Buyer to obtain any insurance or claim upon any insurance which the Buyer holds. You acknowledge that delay in notifying any claim may prevent the Buyer recovering any money under such policy.

23.6 This paragraph 23 sets out the Buyer's 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 are excluded from this Vehicle Sale Contract so far as is permitted by law.

25.6 You shall not assign or sub-contract any of your rights or obligations under this Vehicle Sale Contract.

2.7. references to "Offer" mean an offer which a Potential Buyer may make to you to purchase your car for a specified amount (as further described in paragraph 7); and

2.8. references to "Service" mean the facilitation of an introduction between you and Potential Buyers for the potential sale and purchase of your car.

2.7. references to "Offer" mean an offer which a Potential Buyer may make to you to purchase your car for a specified amount (as further described in paragraph 7); and

2.8. references to "Service" mean the facilitation of an introduction between you and Potential Buyers for the potential sale and purchase of your car.

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