Collection Terms and Conditions
Collection Services Agreement ("Contract")
GENERAL CONDITIONS
In this document references to "we", "us" or "our" are to the company or firm who you have requested to collect a vehicle and deliver it to an authorised treatment facility (the "Collection Service").
References to "you" or "your" are to the company, firm or individual who has requested the Collection Service. References to a "Consumer" have the same meaning as set out in the Unfair Terms in Consumer Contracts Regulations 1999.
This document sets out the terms and conditions between you and the company that will provide the collection and disposal service.
1. FORMATION
This document sets out the terms of the provision of the Collection Service. It is our intention that the Collection Service is provided and accepted on these terms. If you are a Consumer and 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 Collection Service.
2. QUOTATIONS
If you have been issued with a quotation for the Collection Service either from ourselves or from our agent, Cartakeback.com Limited ("Quotation") then you have a reasonable period in which to accept the Quotation. Please note that the details contained in a Quotation are subject to variation on the first business day of each calendar month. 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 details, prior to us entering the Contract with you.
3. CANCELLATIONS
Subject to paragraphs 5 to 7 below you may not cancel the contract between you and us 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 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.
4. DISTANCE SELLING
4.1 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 service being provided commences ("Cooling Off Period"). The Regulations contain several exceptions to the Cooling Off Period. These exemptions are relevant to the Collection Service.
4.2 Accordingly you acknowledge and agree that when you enter into this Contract your rights under the Cooling Off Period end. By doing this you would not be entitled to reject the Collection Service during the Cooling Off Period.
5. RELEVANT INFORMATION:
5.1 Once you have accepted the Quotation by our agent, we will contact you within a reasonable period to agree a mutually convenient date for us to collect your vehicle.
5.2 We shall require you to supply us with the following details:
In this document references to "we", "us" or "our" are to the company or firm who you have requested to collect a vehicle and deliver it to an authorised treatment facility (the "Collection Service").
References to "you" or "your" are to the company, firm or individual who has requested the Collection Service. References to a "Consumer" have the same meaning as set out in the Unfair Terms in Consumer Contracts Regulations 1999.
This document sets out the terms and conditions between you and the company that will provide the collection and disposal service.
1. FORMATION
This document sets out the terms of the provision of the Collection Service. It is our intention that the Collection Service is provided and accepted on these terms. If you are a Consumer and 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 Collection Service.
2. QUOTATIONS
If you have been issued with a quotation for the Collection Service either from ourselves or from our agent, Cartakeback.com Limited ("Quotation") then you have a reasonable period in which to accept the Quotation. Please note that the details contained in a Quotation are subject to variation on the first business day of each calendar month. 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 details, prior to us entering the Contract with you.
3. CANCELLATIONS
Subject to paragraphs 5 to 7 below you may not cancel the contract between you and us 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 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.
4. DISTANCE SELLING
4.1 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 service being provided commences ("Cooling Off Period"). The Regulations contain several exceptions to the Cooling Off Period. These exemptions are relevant to the Collection Service.
4.2 Accordingly you acknowledge and agree that when you enter into this Contract your rights under the Cooling Off Period end. By doing this you would not be entitled to reject the Collection Service during the Cooling Off Period.
5. RELEVANT INFORMATION:
5.1 Once you have accepted the Quotation by our agent, we will contact you within a reasonable period to agree a mutually convenient date for us to collect your vehicle.
5.2 We shall require you to supply us with the following details:
- 5.2.1 your contact details;
5.2.2 the location from which you require us to collect your vehicle; and
5.2.3 the make, model and registration of your vehicle (which we may undertake checks on to verify the details provided).
5.3 You shall also be required to, either:
- 5.3.1 confirm that all of the following information about your vehicle is (and will remain at the time of collection) true:
- 5.3.1.1 it is complete, in that it contains all of the components that would reasonably be expected to be included in a vehicle of that kind, for example the tyres should be fully inflated and the engine and gearbox etc should still be part of the vehicle ("Complete Vehicle");
5.3.1.2 it is in a suitable location for collection by our standard recovery vehicles, in that there is solid ground and a suitable space for access ("Accessible Location"); and
5.3.1.3 it does not contain any litter, refuse or rubbish ("Additional Waste");or
- 5.3.2 confirm that you have provided us with accurate information detailing how your vehicle varies from the circumstances set out in paragraph 5.3.1 above.
5.4 We will be able to tell you if the price contained in the Quotation is correct, subject to our right to vary in accordance with paragraph 7.
6. THE COLLECTION
We will do all that we reasonably can to collect your vehicle on the date that has been agreed (or if none has been agreed, within a reasonable timescale) however we cannot be held responsible for delays due to weather, strikes, lock outs, industrial disputes, acts of God or other circumstances beyond our reasonable control. If we do not collect your vehicle within a reasonable timescale (due to a cause attributable to ourselves) then you will be able to cancel the Contract without penalty.
7. THE PRICE
The price payable by you is as set out in the Quotation and confirmed by us (or, if no price is issued, it will be calculated at our standard charging rates, details of which are available upon request). If, after we have agreed to carry out the Collection Service the cost to us of carrying out the Collection Service increases due to us becoming aware that your vehicle:
7.1 is not a Complete Vehicle;
7.2 is not in an Accessible Location; or
7.3 contains Additional Waste;
then we may increase the price of the Collection Service save that if you are a Consumer and are unhappy with the proposed increase then you will have a reasonable opportunity to cancel the Contract without penalty.
8. PAYMENT
The Consumer shall make all payments due to us under the Contract in pounds sterling to be received by us prior to the date on which the vehicle is due to be collected, unless otherwise agreed by the parties. If you pay by cheque and your bank refuses to pay on it then we may charge you for any costs which we incur directly as a result of such refusal (such as bank charges).
9. EXCLUSION OF LIABILITY
9.1 We will only be liable for losses that are foreseeable and caused by our own negligence.
9.2 Nothing in these conditions shall exclude or limit our liability for death or personal injury caused by our negligence nor affect your statutory rights.
10. SERVICE STANDARD
10.1 We warrant that the Collection Service shall be carried out with reasonable care and skill.
10.2 If we are in breach of the above warranty then we will at our option either refund the price attributable to the Collection Service or arrange with you a time for us to re-perform the Collection Service.
10.3 Nothing in this agreement 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.
11. CONDITIONS
11.1 In respect of the vehicle to be collected by us, the following conditions must be satisfied when you enter this Contract, and again at the time of collection:
6. THE COLLECTION
We will do all that we reasonably can to collect your vehicle on the date that has been agreed (or if none has been agreed, within a reasonable timescale) however we cannot be held responsible for delays due to weather, strikes, lock outs, industrial disputes, acts of God or other circumstances beyond our reasonable control. If we do not collect your vehicle within a reasonable timescale (due to a cause attributable to ourselves) then you will be able to cancel the Contract without penalty.
7. THE PRICE
The price payable by you is as set out in the Quotation and confirmed by us (or, if no price is issued, it will be calculated at our standard charging rates, details of which are available upon request). If, after we have agreed to carry out the Collection Service the cost to us of carrying out the Collection Service increases due to us becoming aware that your vehicle:
7.1 is not a Complete Vehicle;
7.2 is not in an Accessible Location; or
7.3 contains Additional Waste;
then we may increase the price of the Collection Service save that if you are a Consumer and are unhappy with the proposed increase then you will have a reasonable opportunity to cancel the Contract without penalty.
8. PAYMENT
The Consumer shall make all payments due to us under the Contract in pounds sterling to be received by us prior to the date on which the vehicle is due to be collected, unless otherwise agreed by the parties. If you pay by cheque and your bank refuses to pay on it then we may charge you for any costs which we incur directly as a result of such refusal (such as bank charges).
9. EXCLUSION OF LIABILITY
9.1 We will only be liable for losses that are foreseeable and caused by our own negligence.
9.2 Nothing in these conditions shall exclude or limit our liability for death or personal injury caused by our negligence nor affect your statutory rights.
10. SERVICE STANDARD
10.1 We warrant that the Collection Service shall be carried out with reasonable care and skill.
10.2 If we are in breach of the above warranty then we will at our option either refund the price attributable to the Collection Service or arrange with you a time for us to re-perform the Collection Service.
10.3 Nothing in this agreement 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.
11. CONDITIONS
11.1 In respect of the vehicle to be collected by us, the following conditions must be satisfied when you enter this Contract, and again at the time of collection:
- 11.1.1 the statements and representations made by you in relation to the vehicle are correct, accurate and repeated at the time of collection;
11.1.2 you are the registered keeper and/ or have the legal right to dispose of the vehicle and it is free of all charges (such as a hire purchase or loan agreement) which may reasonably prevent you from disposing of the vehicle;
11.1.3 we have been given a reasonable opportunity to examine the vehicle and confirm that at the time of collection, its condition and location are as stated by you when the Contract was formed; and
11.1.4 you agree to at the request of us, do or procure the doing of all such further acts and the execution of all such further documents as may from time to time be necessary for the issue of a DVLA certificate of destruction.
11.2 If you fail to comply with a condition set out in paragraph 11.1, then we are under no obligation to continue with the collection of the vehicle and you may be liable for our reasonable and foreseeable losses as if the contract had been cancelled under paragraph 3.
12. YOUR LIABILITY
You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting from your negligent failure or delay in the performance of your obligations under the Contract.
13. DAMAGE TO EQUIPMENT
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.
14. GENERAL
14.1 Any waiver by us in exercising our rights will not restrict us from exercising any of our rights at a subsequent date.
14.2 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 English law will apply and the English courts will have exclusive jurisdiction.
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):
12. YOUR LIABILITY
You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting from your negligent failure or delay in the performance of your obligations under the Contract.
13. DAMAGE TO EQUIPMENT
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.
14. GENERAL
14.1 Any waiver by us in exercising our rights will not restrict us from exercising any of our rights at a subsequent date.
14.2 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 English law will apply and the English courts will have exclusive jurisdiction.
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):
1. FORMATION
1.1 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. Nothing in the Contract shall operate to limit or exclude any liability for fraud.
1.2 No variation to these terms or the Contract shall be effective unless in writing signed by authorised representatives of you and us.
5. RELEVANT INFORMATION
5.5 If any hazardous or dangerous materials are present on the premises where the Collection Service is to be carried out then you shall provide suitable cleaning facilities and, if circumstances require, a qualified and competent safety adviser. You shall also notify us in writing of any special requirements laid down by the factory inspector or similar authority.
5.6 If you fail to comply with your obligations under this paragraph 5 then we will be entitled to suspend provision of the Collection 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.
6. THE COLLECTION
Dates and times specified for the Collection Service are estimates only and shall not be of the essence of the Contract.
8. PAYMENT
Payment shall be made in full without any deduction, legal or equitable set off or abatement on any grounds. We may appropriate any payment made by you to any outstanding invoice. Time of payment shall be of the essence.
9. EXCLUSION OF LIABILITY
9.3 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,
- 9.3.1 for any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings;
9.3.2 for damage to your reputation or goodwill;
9.3.3 for any loss resulting from any claim made by any third party; or
9.3.4 for any special, indirect or consequential loss or damage of any nature whatsoever.
9.4 Without prejudice to paragraphs 9.1 and 9.2 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 price 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.
9.5 This paragraph 9 sets out our entire liability in respect of the Collection Service. Except as expressly stated in these conditions all other conditions, warranties, or other undertakings concerned in respect of the Collection Service conditions are excluded from the Contract so far as is permitted by law.
14. GENERAL
You shall not assign or sub-contract any of your rights or obligations under the Contract.
9.5 This paragraph 9 sets out our entire liability in respect of the Collection Service. Except as expressly stated in these conditions all other conditions, warranties, or other undertakings concerned in respect of the Collection Service conditions are excluded from the Contract so far as is permitted by law.
14. GENERAL
You shall not assign or sub-contract any of your rights or obligations under the Contract.
