1.1. In this document references to “we”, “us” or “our” are to the company or firm who will carry out the Service.
1.2. References to “you” or “your” are to the individual, company or firm who has requested the Service.
1.3. References to a “Consumer” have the same meaning as set out in the Consumer Guarantees Act 1993, being a person who:
1.3.1. Acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption; and
1.3.2. does not acquire the goods or services, or hold himself or herself out as acquiring the goods or services, for the purpose of:
1.3.2.1. resupplying them in trade; or
1.3.2.2. consuming them in the course of a process of production or manufacture; or
1.3.2.3. in the case of goods, repairing or treating in trade other goods or fixtures on land.
1.4. References to “CarTakeBack” are to CarTakeBack (CarTakeBack Australia Pty Ltd, c/o CMS, Level 1, 190 Flinders Street, Adelaide SA 5000) who acts as our agent.
1.5. 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.
1.6. References to “Quotation” mean the 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.
2.1. This document sets out the terms and conditions between you and us. It is our intention that the 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 and agreed by us before issuing any instructions to us to carry out the Service.
2.2. CarTakeBack may withdraw or vary the format of the scheme at any time prior to your acceptance of a Quotation. If CarTakeBack withdraws or varies the scheme after you have made a request but before you have accepted a Quotation, CarTakeBack shall contact you to discuss the impact of its proposed withdrawal or change to the scheme with you.
2.3. We and CarTakeBack have the right to revise and amend the terms and conditions set out in this Contract from time to time to reflect things such as market conditions affecting our and CarTakeBack’s businesses, changes in technology, changes in relevant laws and regulatory requirements and other changes which may, in some way, affect these terms and conditions. You will be subject to the terms and conditions in force at the time that you accept a Quotation (unless any subsequent change to these terms and conditions is required to be made by law or any governmental authority in which case such new terms will apply to the Quotation which you have accepted). If, after you have accepted a Quotation but before the Service is carried out, there is a change to these terms and conditions, we or CarTakeBack will notify you of such change (in which case we and CarTakeBack have a right to assume that you have accepted the relevant changes to the terms and conditions unless you have notified us to the contrary in writing before the Service is carried out).
3.1. If your car is to be scrapped the service that we will provide to you includes the treatment of your car at a scrap car recycling centre in accordance with applicable legislation; and the (free of charge) issue of a Certificate of Destruction on request.
3.2. If your car is to be reused the service that we will provide to you includes assistance with the deregistration of your car with the relevant authorities. It will remain your responsibility to do all that is necessary to notify the relevant authorities of the sale of your car.
3.3. In addition to the above, we are also able to arrange for your car to be collected from a specified location and delivered to the scrap car recycling centre. You will have discussed this option with CarTakeBack at the time that you accepted a Quotation.
3.4. The decision whether to scrap or reuse your car is at our discretion and does not affect the value of the Quotation.
4.1. In determining the Quotation, the value of any re-usable parts and recyclable materials have been taken into consideration and the cost of providing the service has been deducted, in order to arrive at the net “Payment” which we will owe to you. In circumstances where the costs outweigh the value of your car, there may be a “Charge” payable by you to us; this will be clearly stated in the Quotation.
4.2. Once you have accepted the Quotation we may contact you to verify or provide additional information such as your contact details, the car details (on which we may undertake checks) and, if you require us to collect your car, its location.
4.3. The Quotation is based on your car being:
4.3.1. a 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;
4.3.2. 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, battery and catalytic converter;
4.3.3. free from significant damage such as damage sustained in a collision or as a result of an act of theft or vandalism;
4.3.4. free from any additional waste such as litter, refuse or rubbish;
4.3.5. 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
4.3.6. either delivered to us, or available for us to collect, within seven days of the Quotation being accepted.
4.4. If, at any point, the conditions in 4.4 vary, then we may adjust the Quotation. If we need to adjust the Quotation, we will tell you the new amount and you will have a reasonable opportunity to cancel the Contract without penalty.
4.5. We will make any Payments which we owe to you under this Contract in Australian dollars (plus GST if any) on the date that your car is accepted, unless otherwise agreed. Payment may be made by cheque, electronic transfer or cash.
4.6. If there is a charge to be paid by you to us under this Contract, as a Consumer you shall make payment in Australian dollars (plus GST if any) to be received by us on or prior to the date on which the 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 which we incur directly as a result of such refusal (such as bank charges).
4.7. 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 into this Contract with you.
4.8. 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.
5.1. Once you have accepted the Quotation, you may not cancel this Contract 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.
6.1. The following conditions must be satisfied when you enter into this Contract and 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. if your car is to be destroyed, you must comply with all state requirements to deregister the car and provide us with written evidence of deregistration on request;
6.1.4. the car is free of all charges such as a hire purchase or loan agreement, is not subject to any security interests, and no financing statements are registered over the car on the Personal Property Securities Register;
6.1.5. you have removed all of your personal possessions from the vehicle, and you agree that if any personal possessions are later found to remain in the car, we and CarTakeBack do not warrant that such possessions will be returned;
6.1.6. we have been given a reasonable opportunity to examine the car and confirm that its condition and location are as stated by you when the Contract was formed; and
6.1.7. if you fail to comply with a condition set out in paragraph 6.1, 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 Contract had been cancelled under paragraph 5.
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 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 above warranty then we will at our option either provide a refund (if there was an amount paid by you to us) or arrange with you a time for us to re-perform the Service.
7.4. We will comply with all applicable privacy legislation and our privacy policy which is available at http://www.cartakebackaust.com/terms-and-conditions/privacy-policy.aspx.
7.5. 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 lawyer or Citizens Advice Bureau.
8.1. We will only be liable for losses that are foreseeable and caused by our own negligence.
8.2. Nothing in these conditions shall exclude or limit our liability for death or personal injury caused by our negligence nor affect your statutory rights.
9.1. 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.
9.2. 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.
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 Australia. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. 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 under the Contracts (Privity) Act 1982 to enforce any term of this Contract. This paragraph 10.4 shall not affect any right or remedy of any person, which exists, or is available, other than under that Act.
10.5. CarTakeBack 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.
10.6. If you have any questions, please contact CarTakeBack.
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, location and car details 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.
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):
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.
2.4 No variation to these terms or the Contract shall be effective unless in writing signed by authorised representatives of you and us.
4.9 You shall be liable for the disposal costs of any additional waste.
4.10 If you fail to comply with your obligations under 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.
4.11 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.
4.12 We may appropriate any amount paid by you to any outstanding invoice.
4.13 Any Payment owed by us to you will be paid upon receipt of your invoice showing GST 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.
8.3 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,
8.3.1 for any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings;
8.3.2 for damage to your reputation or goodwill;
8.3.3 for any loss resulting from any claim made by any third party; or
8.3.4 for any special, indirect or consequential loss or damage of any nature whatsoever.
8.4 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.
8.5 Paragraph 8.4 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.
9.3 You shall be liable for and shall on demand release, indemnify and hold harmless and keep indemnified both us and/or CarTakeBack (as the case may be) from and against all actions, claims (including without limitation claims made by third parties), proceedings, damages, liabilities, losses, demands, costs and expenses (including all reasonable legal costs and expenses) suffered, paid or incurred directly or indirectly by us and/or CarTakeBack, as a result or in connection with your failure to comply with any of the provisions contained in this Contract.
10.7 You shall not assign or sub-contract any of your rights or obligations under this Contract.
