Service Agreement For Business Users

About us

This Agreement is made between you and the service provider named in the Offer (“Service Provider”, “we”, “us” and “our”). You hereby confirm and agree with us that we shall handle the transfer, resale and/or recycling of your car (“Services”) subject to these terms and conditions (“Service Agreement”) following your acceptance of the Offer under the Charity Car Agreement (“Charity Car Terms”) entered into with CarTakeBack.com Limited (“CarTakeBack”) under the Charity Car Scheme.

The Charity Car Scheme is a car donation scheme managed by CarTakeBack who will pass on the proceeds received from the disposal of your car (“Donation”) to the charity you have chosen to be the recipient of your Donation.

Our agent, CarTakeBack, is not a party to the Service Agreement and is not liable for any breach of it by either you or us.

1. These terms

1.1. These are the terms and conditions on which we supply the Services to you. By entering into the Charity Car Terms, you agree to accept these terms and conditions.

1.2. We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.

1.3. We are the Service Provider. You can contact us by telephoning or by writing to us using the contact details set out in the Offer made by CarTakeBack under the Charity Car Terms.

1.4. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to CarTakeBack. When we use the words "writing" or "written" in these terms, this includes emails.

2. Our contract with you

2.1. We will inspect your car to make sure the Assumptions under the Offer are correct.

2.2. The contract for the supply of the Services in accordance with these terms will come into existence when you tell us that you would like us to provide you with the Services.

2.3. By entering into this contract you agree to hand over your car to us free of charge (by which we mean without payment of money or, without limit, any other consideration) and for the avoidance of doubt, there will be no monetary payment, credit or otherwise made to you in addition to or in place of the Donation, by us.

2.4. If we are unable to provide the Services, we will inform you of this. This might be because of unexpected limits on our resources which we could not reasonably plan for.

3. Other applicable terms

3.1. The Charity Car Terms tell you the terms of use on which you may make use of the site CharityCar.co.uk, in order to make the Donation under the Charity Car Scheme.

3.2. The Cookie Policy sets out information about the cookies used on the site CharityCar.co.uk.

3.3. The Privacy Policy sets out how your personal information, including its transfer to third parties, is used and collected on the site CharityCar.co.uk.

4. Your obligations

4.1. You shall at the time you enter into this Service Agreement and at the time the Services are performed:

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

4.1.2. you have the legal and beneficial right to dispose of your car and are able to enter into the Service Agreement;

4.1.3. you have the right, power and authority and have taken all action necessary to execute and deliver and to exercise your rights and perform your obligations under the Service Agreement;

4.1.4. your car bears its proper Vehicle Identification Number (VIN) and registration mark, and it does not have a personalised registration that you wish to retain;

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

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

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

4.1.8. we have been given a reasonable opportunity to examine your car and confirm that its condition and location are as stated by you at the time you entered into the Service Agreement.

4.2. If our performance of the Services under this Service Agreement is prevented or delayed by any act or omission by you or failure by you to perform your obligations set out in clause 4.1:

4.2.1. we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy your default, and to rely on your default to relieve us from the performance of any of our obligations to the extent that your default prevents or delays our performance of any of our obligations;

4.2.2. we may terminate the Service Agreement with immediate effect by giving written notice to you;

4.2.3. we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 4.2; and

4.2.4. you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from your default.

5. Services

5.1. The Services we supply after the transfer of your car to us may include one of the following options (depending on the condition of your car and its location):

5.1.1. its resale to a third party which may result in the return of your car to the road (“Resale”); or

5.1.2. the recycling of your car (“Disposal”).

These options may include the offer of having your car collected (or alternatively you may have chosen to drop your car off) which you will have selected when you accepted the Offer under the Charity Car Terms.

5.2. We shall use all reasonable endeavours to meet any performance dates specified in the Offer, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

5.3. We warrant to you that the Services will be provided using reasonable care and skill.

5.4. If you do not allow us access to your property to collect your car and perform the Services as arranged (and you do not have a good reason for this) we may charge you for the costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12 will apply.

5.5. We may need certain information from you so that we can supply the Services to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12 will apply) or may charge you a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5.6. We may have to suspend the supply of the Services to:

5.6.1. deal with technical problems or make minor technical changes;

5.6.2. update the Services to reflect changes in relevant laws and regulatory requirements;

5.6.3. make changes to the Services as requested by you or notified by us to you.

5.7. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract for the Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days.

6. Verification

6.1. You acknowledge and agree that the Offer is conditional upon the Assumptions and your responses to the questions asked regarding your car, as detailed in the Charity Car Terms, and that it is your responsibility to ensure the information that you provide to us is correct and accurate.

6.2. You acknowledge and agree that any inaccuracies or missing information may result in the Offer being withdrawn.

6.3. We may contact you using the contact details you have provided, to verify or request additional information about your car and its condition.

6.4. You acknowledge and agree that we may undertake checks using the information you have provided.

6.5. We may carry out an inspection of your car to verify that it meets the description and condition that you specified. In some circumstances, we may need to take a test drive of your car with you.

6.6. If, at any point, we become aware of anything that affects the details on which the Offer under the Charity Car Terms is based, then the Offer will be void. It will be at the discretion of CarTakeBack, whether a new Offer will be provided to you, and you will have a reasonable opportunity to accept it.

7. Donation

7.1. Under the Charity Car Terms, you have agreed to:

7.1.1. provide details of your car (on which CarTakeBack may undertake checks), its condition and its location; and

7.1.2. select a charity to which CarTakeBack will pass your Donation once received from us.

7.2. By entering into the Charity Car Terms, you have agreed to:

7.2.1. acknowledge and agree that once your Donation has been made to the charity, the Donation cannot be cancelled; and

7.2.2. consent to the collection, use and transfer of the information that you provide to us in accordance with these terms and conditions.

7.3. For each car donated by you under the Charity Car Terms, CarTakeBack shall donate to the charity:

7.3.1. 100% of the current value of the car (as if you had sold your car for the instant quotation provided on CarTakeBack’s commercial website, CarTakeBack.com); or

7.3.2. if your car is sold at auction, the final hammer price less a fixed fee to cover auction costs. Details of the current auction fees are available on request.

7.4. The decision as to whether your car is to be recycled or kept on the road is at our sole discretion. There are a number of factors that we will take into account, including (but not limited to):

7.4.1. following on from our inspection of your car, whether your car is in a condition which could mean that the vehicle could be resold and returned to the road;

7.4.2. the value that your car would attract as scrap; and

7.4.3. any information that you provide to CarTakeBack and us (in relation to the condition of your car).

7.5. You warrant to us that the mileage reading on your car is, to the best of your knowledge and belief, true and accurate and that the odometer has not been tampered with.

8. Drop-off

8.1. Where you have chosen to drop your car off, no appointment is necessary, however you will need to arrive within our normal business hours, as specified in the Offer.

9. Hand over

9.1. Prior to handing over your car, you agree to remove any personal possessions. 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.

9.2. You agree to provide suitable means of identification (if requested by us), of which we may take copies.

9.3. When you hand over your car, and enter into this contract as described in clause 2, you shall transfer the legal and beneficial title of your car to us and you agree to provide all of the following in your possession (if requested by us):

9.3.1. all relevant keys (including any locking wheel nut or electronic keys and codes); and

9.3.2. all relevant documents (such as the registration certificate, service history, MOT certificate and manuals).

10. Recycling

10.1. If your car is to be recycled (rather than being kept on the road) it will be treated at an authorised treatment facility in accordance with The End-of-Life Vehicles Regulations 2003.

11. Paperwork

11.1. We will notify you of the appropriate method, provide you with the necessary information and you agree to do all that is necessary, to complete the DVLA filing requirements.

11.2. Where your car is to be sold at auction, you acknowledge and agree that:

11.2.1. we have no control over (nor shall we be liable for) the level of proceeds which may be obtained for your car. In the interest of obtaining the maximum Donation, you agree to provide us with all and any documentation you have relating to your car, including but not limited to, the car's service history, V5C Registration Document (Log Book), MOT test certificate, radio code, instructions on any alarm system, spare keys and manuals; and

11.2.2. it is your responsibility to notify DVLA of the sale/transfer to the motor trade by promptly sending the yellow section 9 (V5C/3) of the V5C registration certificate to DVLA. You also agree to hand over the remainder of the V5C to us and make any other returns (legal or otherwise) to third parties as may be required (including but not limited to any notification to be made to your insurers) in order to inform any relevant third parties that your car has been handed over to us for resale.

11.3. Where your car is to be recycled, you should retain the yellow section 9 (V5C/3) of the V5C registration certificate and we will apply to DVLA for a certificate of destruction. In the event that it is not possible to issue a certificate of destruction, either at all or within DVLA’s advised timescales, we shall use all reasonable endeavours to notify you. In this case, it will be your responsibility to notify DVLA.

12. Termination

12.1. Without limiting its other rights or remedies, either party may terminate the Service Agreement with immediate effect by giving written notice to the other party if:

12.1.1. the other party commits a material breach of any term of the Service Agreement and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;

12.1.2. the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

12.1.3. the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

12.1.4. the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Service Agreement has been placed in jeopardy.

12.2. Without limiting our other rights or remedies, we may terminate the Service Agreement with immediate effect by giving written notice to you if you fail to pay any amount due under the Service Agreement on the due date for payment and remains in default not less than 14 days after being notified to make such payment.

12.3. Without limiting our other rights or remedies, we may suspend provision of the Services under the Service Agreement if you become subject to any of the events listed in clause 12.1.2 to clause 12.1.4 or if we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Service Agreement on the due date for payment.

13. Consequences of termination

13.1. On termination of the Service Agreement for any reason:

13.1.1. you shall immediately pay us any amount due under the Service Agreement;

13.1.2. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Service Agreement which existed at or before the date of termination or expiry; and

13.1.3. clauses which expressly or by implication survive termination shall continue in full force and effect.

14. Confidentiality

14.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 14.2.

14.2. Each party may disclose the other party's confidential information:

14.2.1. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Service Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 14;

14.2.2. to third parties in accordance with the terms of this agreement and the Charity Car Terms; and

14.2.3. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

14.3. Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Service Agreement.

15. Our Liability

15.1. Nothing in this Service Agreement shall limit or exclude our liability for:

15.1.1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

15.1.2. fraud or fraudulent misrepresentation; or

15.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

15.2. Subject to clause 15.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Service Agreement for:

15.2.1. loss of profits;

15.2.2. loss of sales or business;

15.2.3. loss of agreements or contracts;

15.2.4. loss of anticipated savings;

15.2.5. loss of use or corruption of software, data or information;

15.2.6. loss of damage to goodwill; and

15.2.7. any indirect or consequential loss.

15.3. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Service Agreement.

15.4. This clause 15 shall survive termination of the Service Agreement.

16. Your Liability

16.1. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) that we (or our employees, agents or representatives) suffer as a result of your negligent failure or delay in the performance of your obligations under this Service Agreement.

16.2. 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.

17. General

17.1. Force majeure. Neither party shall be in breach of this Service Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Service Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

17.2. Assignment and other dealings.

17.2.1. We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights under the Service Agreement and may subcontract or delegate in any manner any or all of our obligations under the Service Agreement to any third party or agent. We shall provide you with any information that you may reasonably require about the proposed assignee or subcontractor.

17.2.2. You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Service Agreement.

17.3. Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:

17.3.1. waive that or any other right or remedy; or

17.3.2. prevent or restrict the further exercise of that or any other right or remedy.

17.4. Severance. If any provision or part-provision of the Service Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Service Agreement.

17.5. Notices.

17.5.1. Any notice or other communication given to a party under or in connection with the Service Agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.

17.5.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 17.5.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one business day after transmission.

17.5.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17.6. Third parties. No one other than a party to the Service Agreement shall have any right to enforce any of its terms.

17.7. Governing law. The Service Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

17.8. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Service Agreement or its subject matter or formation.

If you still have questions, you can find all of the answers in the following categories:

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