0844 669 09 96

Trade Your Transport Agreement

1. 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.