As part of the Trade Your Transport submission process, you will
be asked to confirm that you have read and agree to both the Trade
Your Transport Agreement and the terms and conditions put in place
by Network Warrington.
You can read both of these below as well as finding out how to
claim your reward.
- GENERAL CONDITIONS
1.1. In this document references to
"we", "us" or
"our" are to the company, firm or organisation who
will carry out the Service.
1.2. References to "you" or
"your" are to the individual who has requested the
Service.
1.3. References to a
"Consumer" have the same meaning as set out in the
Unfair Terms in Consumer Contracts Regulations 1999.
1.4. References to
"CarTakeBack" are to CarTakeBack.com Limited (a
company registered in England and Wales with company
number 04500288 whose registered office is at
Bankfield House, Bankfield Mill, Regent Road,
Liverpool, Merseyside L20 8RQ) who act as our agent in putting
us in touch with you and providing your Unique Reward Code to you
on our behalf.
1.5. References to "Official
Partner" are to the company or firm who will provide the
"Trade Your Transport Reward"
(meaning the products and/or services placed on offer by the
Official Partner for which your Unique Reward Code can be redeemed)
which you have selected and references to a "Unique Reward
Code" are to the unique code which CarTakeBack will
provide to you (once we have given them confirmation that your
vehicle has been accepted in accordance with these terms) which you
can then use in exchange for your Trade Your Transport Reward.
1.6. References to "Reward
Terms" are to the terms on which your Trade Your Transport
Reward will be made available to you by the Official Partner and
which will form the basis of the legal relationship between you and
the Official Partner. Please note that the Reward Terms may
be updated by the Official Partner from time to time. If you
have any queries in relation to whether you have the latest set of
Reward Terms relating to your chosen Trade Your Transport Reward
please contact CarTakeBack on 0844 669 0996 or at
info@CarTakeBack.com.
1.7. References to "Service"
mean the service that we will provide to you following your
acceptance of a Service Offering, as further described in
paragraph 3 below.
1.8. References to a
"Request" mean the request that you make to
CarTakeBack for the provision of the Service and references to
"Service Offering" mean the estimate or offer (as
further described in paragraph 4) to provide the Service that
CarTakeBack will provide to you, on our behalf, in response to a
Request pursuant to which (if accepted) we will provide the Service
to you.
2. FORMATION
2.1. This document sets out the terms and
conditions that apply to the provision of the Service. It is
our intention that the Service is provided by us and accepted by
you on these terms. You may want to print a copy for future
reference. As a Consumer if you wish to rely on any variation
to these terms then you should ensure that the variation is
notified to us in writing before issuing any instructions to us to
carry out the Service.
2.2. As you have chosen to receive a Trade
Your Transport Reward in return for your vehicle, this document
also sets out the terms and conditions that apply to the Trade Your
Transport scheme, which is managed by CarTakeBack. It does
not, however, set out the terms that apply to the particular Trade
Your Transport Reward that you have selected. CarTakeBack has
Official Partners from whom Trade Your Transport Rewards can be
selected and redeemed. The terms and conditions that apply to
the Trade Your Transport Reward that you have selected can be found
in the Reward Terms of the relevant Official Partner. Please
note that it is a condition of entering into this TYT Agreement
that you accept the relevant Reward Terms. Please see
paragraph 6.9 for further information.
2.3. CarTakeBack may withdraw or vary the
format of the Trade Your Transport scheme at any time prior to your
acceptance of a Service Offering. If CarTakeBack withdraws or
varies the Trade Your Transport scheme after you have made a
Request but before you have accepted a Service Offering,
CarTakeBack shall contact you to discuss the impact of its proposed
withdrawal or change to the Trade Your Transport scheme with
you.
2.4. It is intended that the Trade Your
Transport scheme only be for consumer use. For the avoidance
of doubt, if you are a legal entity acting in the course of
business or are an individual acting for purposes which are related
to your trade, business or profession, you will not be eligible to
take part in the Trade Your Transport scheme.
3. SERVICE
3.1. The Service that we will provide to you
includes the following as standard:
3.1.1. treatment of your vehicle at an authorised
treatment facility in accordance with the UK end of life vehicle
regulations;
3.1.2. the issue of a DVLA Certificate of Destruction;
3.1.3. the recycling of your vehicle; and
3.1.4. the permanent removal of your vehicle from the road.
3.2. In addition to the above, we are also
able to arrange for your vehicle to be collected from a specified
location within the UK (excluding the following postal districts
HS1, HS2, HS3, HS4, HS5, HS6, HS7, HS8, HS9, IV21, IV22, IV23,
IV26, IV27, IV28, IV40, IV41, IV51, IV52, IV53, IV54, IV55, IV56,
IV63, KA27, KA28, KW15, KW16, KW17, KW8, KW9, PA20, PA28, PA29,
PA30, PA31, PA33, PA34, PA35, PA36, PA37, PA38, PA41, PA42, PA43,
PA44, PA45, PA46, PA47, PA48, PA49, PA60, PA61, PA62, PA63, PA64,
PA65, PA66, PA67, PA68, PA69, PA70, PA71, PA72, PA73, PA74, PA75,
PA76, PA77, PA78, PH30, PH31, PH34, PH35, PH36, PH37, PH38, PH39,
PH40, PH41, PH42, PH43, PH44, PH49, PH50, SA70, TQ6, TR21, TR22,
TR23, TR24, TR25, ZE1, ZE2, ZE3 - as may be updated from time to
time, Please check the Trade Your Transport website or telephone
CarTakeBack for the most up to date list of excluded postal
districts) and delivered to the authorised treatment
facility. You will have discussed this option with
CarTakeBack at the time that you accepted a Service Offering.
4. SERVICE OFFERING
4.1. If you want us to provide the
Service, then you will submit a Request for the Service to
CarTakeBack and, if your vehicle appears (initially) to be eligible
for the Service then CarTakeBack may provide a Service Offering 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 (to include a valid email address
to which CarTakeBack can deliver your Unique Reward Code), details
of your vehicle (on which we may undertake checks), its condition
and, if you require us to collect your vehicle, 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 CartTakeBack will provide to us) will enable
CarTakeBack to put us in touch with you, allow us to provide the
Service to you and also allow the Official Partners to provide you
with the Trade Your Transport Reward that you have selected.
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 and the Trade Your Transport Reward that you
have selected.
4.5. The information you provide to
CarTakeBack will be held on our computers in the UK and may be
accessed by or given to our staff, to any member of our group of
companies and/or third parties for the purposes set out in these
terms and conditions or for other purposes approved by you.
4.6. Once you have accepted the Service
Offering we may contact you to ask you to verify or provide
additional information.
4.7. When CarTakeBack makes a Service Offering
to you, it is based on the following assumptions in relation to
your vehicle. The Service Offering is based on your vehicle
being:
4.7.1. a Car (category M1) or light Van (category N1) (as per
European Commission Directive 2001/116/EC) having a gross vehicle
weight no greater than 3500kg and no more than 9 seats;
4.7.2. "Complete" in that it contains all of the components that
a person would reasonably be expected to be included within it such
as the engine, gearbox, bodywork and catalytic converter;
4.7.3. 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; and
4.7.5. if your vehicle is to be collected by us, "Accessible ",
such that it is parked on solid ground with sufficient access for a
standard recovery vehicle and with fully inflated tyres.
4.8. Where you have told us that the
conditions in paragraph 4.7 are not met, your vehicle will not be
eligible for the Service and we will contact you to tell you,
subject to our rights set out in paragraph 4.9 below.
4.9. If, at any point, the cost to us of
carrying out the Service increases due to us becoming aware that
the vehicle is not Complete, has Significant Damage, contains
Additional Waste, or where the vehicle to be collected is not
Accessible (each as referred to in paragraph 4.7 above), then
we may cancel the TYT Agreement between us with immediate
effect. We may provide a quotation to you for an alternative
service, which you will have a reasonable opportunity to
accept.
4.10. Where we agree that any terms contained
in the Service Offering may be varied prior to your acceptance of
the Service Offering, then such variations will be confirmed to you
along with all other relevant details, prior to us entering into
the TYT Agreement with you.
4.11. Service Offerings are valid for 14 days
from the date on which the Service Offering is provided by
CarTakeBack to you. In the event that you do not accept the
Service Offering within this period, it will expire. If you
still wish for us to provide the Services, you will need to make a
new Request.
5. CANCELLATION
5.1. Under the Consumer Protection
(Distance Selling) Regulations 2000
("Regulations") consumers are given the right to
cancel orders for services during the period of seven working days
after the day on which the consumer enters into an agreement for
the provision of services with a supplier or, if later, the day on
which a consumer receives notice of its right to cancel
("Cooling Off Period"). The Regulations
contain several exceptions to the Cooling Off Period. These
exemptions are relevant when, as part of your Request, you ask us
to start providing the Service before the Cooling Off Period ends
(eg where you have asked us to make arrangements to collect your
vehicle or where you drop your vehicle off at our facility and
agree we can provide the Service). Accordingly you
acknowledge and agree that when you enter into this TYT Agreement
and we come to collect your vehicle from you, or you drop your
vehicle off for us to provide the Service, your rights to cancel
under the Regulations end at that point in time.
5.2. Subject to the above, once you have
accepted the Service Offering, you may not cancel the TYT Agreement
without our consent, which if given will be deemed to be on the
basis that you shall be liable to us for the loss of profit and
such other reasonable and foreseeable loss as we may suffer as a
result of such cancellation (such as, without limit, travel and
time costs incurred by us prior to cancellation) and such damages
shall be paid by you upon such cancellation. We shall use our
reasonable endeavours to reduce any such damages by an amount to
reflect any replacement contract which we are able to carry out as
a result of cancellation.
6. UNIQUE REWARD CODE
6.1. In return for us providing the
Service to you, you agree to select a Trade Your Transport Reward
from one of the Trade Your Transport Official Partners notified to
you by CarTakeBack before you made your Request. You will
need a Unique Reward Code in order to claim a Trade Your Transport
Reward.
6.2. The request for a Trade Your Transport
Reward and the provision of a Unique Reward Code is the only
"payment" that you will receive for handing your vehicle over to
us.
6.3. Subject to paragraph 6.2 above, by
entering into this TYT Agreement you agree to hand over your
vehicle to us free of charge (by which we mean without payment of
money) and for the avoidance of doubt, there will be no monetary
payment made in addition to or in place of the Unique Reward Code,
by us or CarTakeBack.
6.4. Unless otherwise agreed between us, you
will receive a Unique Reward Code from CarTakeBack within 14 days
of your vehicle being accepted by us. Your vehicle will be
"accepted" when it is received by us at our premises and we confirm
that it is eligible for the Service (the conditions for eligibility
are set out in paragraph 4.7).
6.5. Your Unique Reward Code will be
delivered to you by email so please ensure that you check your
emails (and spam filters) carefully. Please notify us of any
change in your email address. Neither we, nor CarTakeBack,
will be held responsible for the loss of or your failure to receive
a Unique Reward Code as a result of out of date or incorrect
details.
6.6. Once you receive your Unique Reward
Code you may then exchange it for your chosen Trade Your Transport
Reward with the relevant Official Partner in accordance with the
Reward Terms. You will not be able to claim your Trade Your
Transport Reward until you have received your Unique Reward
Code.
6.7. Your Unique Reward Code will be specific
to the Trade Your Transport Reward that you have selected.
6.8. Details of how to claim your Trade Your
Transport Reward are set out in the Reward Terms and can be viewed
at www.tradeyourtransport.com. You must follow any specified
claim procedure in order to claim your Trade Your Transport
Reward. CarTakeBack will endeavour to ensure that the
information it displays on the website www.tradeyourtransport.com
is correct but shall not be liable in the event that it is not, as
this information is displayed by CarTakeBack for and on behalf of
its Official Partners.
6.9. In entering into this TYT Agreement and
selecting a Trade Your Transport Reward, you agree to enter into a
contract with the Official Partner on the Reward Terms. You
confirm that the Reward Terms were made available to you (on
www.tradeyourtransport.com) prior to you submitting your
Request and you agree to use the Unique Reward Code in
accordance with those Reward Terms. Neither we nor
CarTakeBack are party to the Reward Terms - they are terms that
will apply to your relationship with the relevant Official
Partner. Please check the Reward Terms and claim procedure
carefully as they may include important restrictions on how you can
use your Unique Reward Code (for example the code may expire after
a certain amount of time).
6.10.You shall act honestly and not act fraudulently or
deceitfully in claiming Your Trade Your Transport Reward
(including, without limit, supplying false or misleading
information). In particular, you must not share your Unique
Reward Code with any other person or allow it to be used by any
other person. Your Unique Reward Code is not transferrable
and can only be used by the individual whose details were submitted
at the time of making a Request (and who subsequently accepted a
Service Offering). In no event shall we or CarTakeBack be
responsible for any loss you may suffer as a result of the
unauthorised use of your Unique Reward Code (unless caused by our
or CarTakeBack's negligence).
6.11.You are solely responsible for keeping your Unique Reward
Code confidential and secure at all times. Please notify
CarTakeBack immediately if you become aware of any unauthorised use
of your Unique Reward Code. In the event that you lose or
misplace your Unique Reward Code, please contact CarTakeBack.
Unique Reward Codes may be reissued with the same number providing
that they have not previously been redeemed.
6.12.Unique Reward Codes can only be obtained and redeemed as
set out in this TYT Agreement. Any other use, award, sale,
exchange or transfer of Unique Reward Codes, or any attempt to do
so, shall be a serious breach of this TYT Agreement.
6.13.Unique Reward Codes may be cancelled by CarTakeBack if
CarTakeBack suspects fraud or misconduct or determines that the
Unique Reward Code was obtained or used in breach of these terms
and conditions or awarded in error. For the avoidance of
doubt, any advice or actions of our or CarTakeBack's staff that is
contrary to these terms and conditions will not have the effect of
changing these terms and conditions.
6.14.Unique Reward Codes have no value until redeemed for a
Trade Your Transport Reward. Unique Reward Codes cannot be
exchanged for money in any circumstances (including, to avoid
doubt, if they expire (you should note that a Unique Reward Code
may have a limited period in which it can be exchanged (as detailed
in the Reward Terms) after which it will expire)).
6.15.When you redeem your Trade Your Transport Reward with the
relevant Official Partner, for security purposes you will need to
have your Unique Reward Code and the details that you provided to
CarTakeBack (as listed in paragraph 4.2 above) at the time of
making your Request. Please ensure that you have these
details with you when you seek to claim your Trade Your Transport
Reward.
7. CONDITIONS
7.1. The following conditions must be
satisfied when you enter into this TYT Agreement and also at the
time the Service is performed:
7.1.1. the statements and representations made by you are
correct and accurate;
7.1.2. you have the legal right to dispose of the vehicle;
7.1.3. the vehicle is free of all charges such as a hire
purchase or loan agreement;
7.1.4. you have been given a reasonable opportunity to remove
any personal posessions from the vehicle; and
7.1.5. we have been given a reasonable opportunity to
examine the vehicle and confirm that its condition and location are
as stated by you when the TYT Agreement was formed.
7.2. If you fail to comply with any of the
conditions set out in paragraph 7.1, then we are under no
obligation to continue with the Service and you may be liable for
our reasonable and foreseeable losses as if the TYT Agreement had
been cancelled under paragraph 5
8. SERVICE STANDARD
8.1. 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 TYT
Agreement without penalty and in such circumstances no Trade Your
Transport Reward will be provided.
8.2. We warrant that the Service shall be
carried out with reasonable care and skill.
8.3. If we are in breach of the above warranty
(set out in paragraph 8.2) then we will arrange with you a time for
us to re-perform the Service.
8.4. Nothing in this TYT 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.
9. EXCLUSION OF LIABILITY
9.1. Arrangements for Trade Your Transport
Rewards are made directly with the relevant Official Partner and
neither we nor CarTakeBack have any responsibility for the
delivery, standard, quality or otherwise of any goods and/or
services received or supplied or the failure of an Official Partner
to honour a Unique Reward Code or make a specific Trade Your
Transport Reward available. Such transactions and all Trade
Your Transport Rewards are subject to all applicable legal rules
and the relevant Reward Terms (including return conditions,
warranties and limitations of liability). If you have any
problems or queries in relation to the Trade Your Transport Reward,
please contact the relevant Official Partner directly.
9.2. We will only be liable for losses that
are foreseeable and caused by our own negligence.
9.3. Nothing in these conditions shall exclude
or limit our or Cartakeback's liability for death or personal
injury caused by our or CarTakeBack's negligence nor affect your
statutory rights.
9.4. Nothing in this TYT Agreement limits any
rights that you may have against the relevant Official Partner that
has provided your Trade Your Transport Reward. Please see the
Reward Terms for any applicable exclusions or limitations.
9.5. We do not take any responsibility for
returning any personal possessions found in the vehicle. Any items
found in the vehicle will be disposed of at our discretion.
10. YOUR LIABILITY
10.1. 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 TYT Agreement.
10.2. 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.
11. GENERAL
11.1. Any waiver by us in exercising our
rights will not restrict us from exercising any of our rights at a
subsequent date.
11.2. If you are a resident in the UK then the
relevant UK law will apply to the TYT Agreement and the relevant UK
Courts will have exclusive jurisdiction in relation to the TYT
Agreement. If you are not resident in the UK then you agree
that English law will apply and the English courts will have
exclusive jurisdiction.
11.3. If any of the terms contained within
this TYT Agreement 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.
11.4. Except as provided in paragraph 11.5, a
person who is not party to this TYT Agreement shall have no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of this TYT Agreement. This paragraph 11.4 shall not
affect any right or remedy of any person which exists, or is
available, other than under that Act.
11.5. CarTakeBack and any of our or
CarTakeBack's affiliates, directors, employees or representatives
may enforce any term of this TYT Agreement which is expressly or
implicitly intended to benefit it.
11.6. If you have any questions regarding the
Trade Your Transport scheme, please contact CarTakeBack.
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