Scrap Car Recycling Terms and Conditions ("Contract")

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 or organisation (whether Consumer or not) who has requested the Service.

1.3. The “Contract” is a legally binding agreement between you and us, which comes into effect in accordance with clause 4.6 below, and incorporating all terms of this document.

1.4. References to a "Consumer" have the same meaning as set out in the Consumer Protection Act 2007, being a natural person who is acting for purposes unrelated to the person’s trade, business or profession.

1.5. 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.

1.6. 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.

1.7. References to a "Request" mean the request that you make to CarTakeBack for the provision of the Service; and

1.8. References to "Quotation" mean the offer to provide the Service that CarTakeBack will provide to you on our behalf.

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 wish to rely on any variation to these terms then you should ensure that the variation is notified to us in writing and that we accept the variation in writing before you accept the Quotation.

3. Service

3.1. If your car is to be scrapped the service that we will provide to you includes the following as standard:

3.1.1. treatment of your car at an Authorised Treatment Facility in accordance with the European Union (End-of-Life Vehicles) Regulations and any other applicable Irish legislation; and

3.1.2. the issue of a Certificate of Destruction, where possible, for which there shall be no charge.

3.1.3. After inspection of your car, we may advise you that your car may be suitable for repair and reuse. If you agree that your car is to be sold on for reuse, and is not being discarded as waste, we will provide the information necessary for you to complete the transfer of registered owner details.

3.1.4. If your car is a pre-1993 Vehicle and is not to be scrapped, it will remain your responsibility to complete an RF200 Form and bring it or send it to your local Motor Taxation Office. If your car was registered from 1993 onwards, and is not to be scrapped, you will need to complete Form RF105 and return it to the Driver and Vehicle Computer Services Division, Shannon Town Centre, Shannon, Co. Clare. Your Vehicle Licensing or Registration Certificate should be given to the Authorised Treatment Facility.

3.1.5. In addition to the above, we may also be able to arrange for your car to be collected from a specified location and delivered to the Authorised Treatment Facility. You will have selected this option at the time that you accepted a Quotation.

3.1.6. Your decision whether to scrap or return your car to the road does not affect the Quotation.

4. Quotation

4.1. If you want us to provide the Service, you should submit a Request for the Service to CarTakeBack and, if your car 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.

4.2. 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 car (on which we may undertake checks), its condition and, if you require us to collect your car, its location.

4.3. 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.

4.4. The information that you provide to CarTakeBack (and which CarTakeBack will provide to us) will enable CarTakeBack to put us in touch with you, and 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.

4.5. The information you provide to CarTakeBack will be held on their computers in the UK and in other countries of the EU and may be accessed by or given to CarTakeBack staff, our staff, 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.

4.6. Once you have accepted the Quotation the Contract will come into effect. We may contact you to ask

you to verify or provide additional information.

4.7. When CarTakeBack provides a Quotation to you, it is based on the following assumptions in relation to your car. The Quotation is based on your car being:

4.7.1. a passenger car or light van having a gross vehicle weight no greater than 3500kg and no more than 9 seats and being powered solely by a single petrol or diesel internal combustion engine;

4.7.2. complete, in that it contains all of the components that a person would reasonably expect to be included within it, such as the engine, gearbox, bodywork, battery and catalytic converter;

4.7.3. free from significant damage, such as damage sustained in a collision or as a result of an act of theft or vandalism;

4.7.4. free from any additional waste, such as litter, refuse or rubbish;

4.7.5. if your car 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; and

4.7.6. either delivered to us, or available for us to collect, within seven days of the Quotation being accepted.

4.8. If, at any point, the conditions in 4.7 vary, then we may adjust the Quotation. If we need to adjust the Quotation, we will inform you of the adjusted amount and you will have a reasonable opportunity to cancel the Contract without penalty.

4.9. The Quotation will clearly state whether there is to be a payment made by us to you or a charge to be payable by you to us.

4.10. Any payments that are owed to you under the Contract will be made in euros (plus VAT if applicable). Payment may be made by cheque, electronic transfer or cash by us.

4.11. If there is a charge to be paid by you under the Contract, you shall make payment in euros (plus VAT if applicable) to be received by us on or prior to the date on which your car 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).

4.12. 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.

4.13. Quotations are valid for seven days from the date on which the Quotation is issued 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. 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.

5.1.1. 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 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.

5.1.2. Once you have accepted the Quotation, you may cancel the Contract within 14 days as outlined at 5.1.1 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.

5.2. Other Cancellation: Other than the statutory right of cancellation in 5.1 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.

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 car;

6.1.3. you are able to present the Vehicle Registration Certificate or Vehicle Licensing Certificate;

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

6.1.5. you have removed any personal possessions from your car (any items found in your car will be disposed of at our discretion);

6.1.6. we have been given a reasonable opportunity to examine your car and confirm that its condition and

location are as stated by you when the Contract was formed; and

6.1.7. you have provided us with any relevant documents that we need to confirm your identity and we have been given the opportunity to take copies, as required by law.

6.2. If you fail to comply with any of the conditions set out in paragraph 6.1, this shall be considered a breach of contract and (i) we are under no obligation to continue with the Service and (ii) you may be liable for our reasonable and foreseeable losses resulting from your breach of contract. Such losses may in particular include our travel costs and time in arranging to provide you with Services.

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 warranty 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 seek your own legal advice.

8. Exclusion of liability

8.1. We will only be liable for losses that are direct and foreseeable and caused by our own negligence or the negligence of our employees and contractors.

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 your car. Any items found in your car will be disposed of at our discretion.

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 injury or 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. This Contract is governed by the law of Ireland. The parties submit to the non-exclusive jurisdiction of the Irish courts. The parties will not object to the exercise of jurisdiction by those courts on any basis.

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 to enforce any term of this Contract.

10.5. CarTakeBack, as our agent, 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. 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, town, and car make and model, 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.

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). These terms also apply to a local authority and An Garda Siochana disposing of vehicles pursuant to statutory powers:

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.

2.3 No variation to these terms or the Contract shall be effective unless in writing signed by authorised representatives of you and us.

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

4.15 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.

4.16 When it is considered that you are in breach of Contract, such as when you have provided incorrect information or failed to comply with the provisions in paragraph 6, we can charge 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.

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 for payment by you.

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

4.19 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.

7.5 Dates and times specified for the Service are estimates only and shall not be of the essence of the Contract.

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.

10.6 You shall not assign or sub-contract any of your rights or obligations under the Contract.

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