Terms and Conditions
We are a member of the National Association of Funeral Directors (NAFD)
and subscribe to its current Code of Practice, a copy of which is available
upon request. We aim to act in a professional manner and provide a
courteous, sensitive and dignified service to you.
Professional Services
These include all arrangements in connection with the funeral including
assistance and advice in matters relating to the Registration, collection,
correlation and delivery of all necessary documentation to the relevant
authorities, all matters appertaining to the funeral arrangements,
attendance and services of all staff, care of the deceased and use of the
Chapel of Rest, provision of our vehicles and funeral director on the day
of the funeral.
Estimates and Expenses
Our estimate sets out the services we agree to supply to you. Our estimate is an indication of the charges likely to be incurred on the basis
of the information and details we are aware of at the date of the estimate.
While we make every effort to ensure the accuracy of the estimate, the
charges may alter particularly where third parties change their rates or
charges. We may not know the amount of third party charges in advance
of the funeral; however we will give you a best estimate of such charges
on the written estimate. The actual amount of the charges will be detailed
and shown in the final account. If you amend your instructions, we will
require your written confirmation of changes; however we reserve the
right to act on verbal instructions for changes in the absence of your
written confirmation. We may need to make an additional charge in
accordance with prices published in our current price list. We will add
VAT to our charges, where applicable, and at the rate applicable when we
prepare the invoice.
Dates and Times
All dates and times provided on the estimate cannot be guaranteed until
final bookings are made and confirmed. Although we endeavour to
provide a prompt and efficient service for you, there may be instances
where, because of circumstances beyond our control, we are unable to
fulfil our obligations to you on the date or time specified. Where this is the
case we will attempt to contact you in advance and advise you of
alternative arrangements.
Payment Arrangements
We operates a pricing policy in compliance with the Code of Practice of
the National Association of Funeral Directors. Our price list provides
clients with a full and detailed explanation of our charges as required by
the Code. In addition to our charges, third party charges must be paid to
Doctors, Minister’s and Officiants, Cemetery or Cremation fees.
When the funeral arrangements are complete, you will be given a written
estimate of all the charges incurred by the service you have requested.
Where the total estimated account is deemed excessive you may be asked
to make an interim payment.
We ask for this estimate to be signed as consent that you accept the
charges and will be liable for payment of the account when submitted.
This is usually 7-10 days after the funeral. If you wish, the account may be
forwarded to your solicitor.
The funeral account for bespoke funerals is due for payment within sixty
days of issue, unless otherwise agreed by us in writing.
If you fail to pay us in full on the due date we reserve the right to add interest on all outstanding accounts;
1. at a rate of 4% above our bank’s base rate;
2. calculated (on a daily basis) from the date of our account until
payment;
3. compounded on the first day of each month; and
4. before and after any judgement (unless a Court orders otherwise).
We may recover (under clause 5) the cost of taking legal action to recover
any outstanding balance. If, because of your circumstances, you have to
make a claim for assistance from the Department of Work and Pensions,
please note that stringent rules apply as to the amount of help available.
Please talk to us, in confidence, for guidance.
Indemnity
You agree to indemnify us in full and hold us harmless from all expenses,
fines and liabilities we may incur, directly or indirectly, on a full indemnity
basis following any breach by you of any of your obligations under these
Terms and Conditions. This means that you are liable to us for losses we
incur because you do not comply with these Terms and Conditions or any
regulations we ask you to adhere to. For example, we will charge you a
reasonable administration fee where we receive a cheque from you which
is subsequently not honoured or if we write to remind you that an account
is overdue. If we instruct debt collection agents we may also recover the
fees we incur from you. Further details regarding these fees are available
on request. We may claim those losses from you at any time and, if we
have to take legal action, we will ask the Court to make you pay our legal
costs. Where you do not adhere to Government guidelines and advice, in
relation to attendance at a funeral, and a fine is imposed upon the
Company, you will be liable to us for that fine.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations
where that failure or delay results from any cause that is beyond our
reasonable control. Such causes include, but are not limited to: failure of
any sub-contractor, power failure, internet service provider failure,
industrial action, civil unrest, fire, explosion, flood, storms, earthquakes,
subsidence, acts of terrorism, acts of war, governmental action, epidemic
or other natural disaster, or any other event that is beyond our control.
Standards of Service
The National Association of Funeral Directors’ Code of Practice requires
that we provide a high quality service in all aspects. If you have any questions or concerns about the service we provide to you, please see our
Complaint’s Procedure.
General Data Protection Regulation
In accordance with the Data Protection Act 2018, we respect the
confidential nature of the information given to us and, where you provide
us with personal data, we will ensure that the data will be held securely,
in confidence and processed for the purpose of carrying out our services.
In order to provide our services we may need to pass such data to third
parties and those third parties, who are performing some of the services
for you, may contact you directly. You have the right to know what
personal data we hold on your behalf and you can, by applying to us in
writing, receive a copy of that data.
Agreement
Your continuing instructions will amount to your continuing acceptance of
these Terms and Conditions. Your instructions will not create any right
enforceable by virtue of the Contracts (Rights of Third Parties Act 1999)
by any person not identified as our client. If any of these terms are
unenforceable as drafted it will not affect the enforceability of any other
of these Terms and Conditions and if it would be enforceable if amended,
it will be treated as so amended.
Nothing in these terms restricts or limit our liability for death or personal
injury. This agreement is subject to English Law. If you decide to
commence legal action, you may do so, in any appropriate UK court.
Termination
We reserve the right to terminate our services if you fail to honour your
obligations under these Terms and Conditions. We are under no obligation
to accept your termination until we receive your instruction in writing.
If you terminate your instructions or if we decide to terminate our
services, you will be invoiced for all third party charges which we have
paid or are committed to. You will also have to pay our charges and
expenses according to the scale set out below:
• Termination within two days of due date for performing services
100% of fees payable;
• Termination within one week of due date for performing services 80%
of fees payable;
• Termination within two weeks of due date for performing services
50% of fees payable Right to cancel (applicable when funeral arrangements are made
in a client’s home)
In accordance with The Consumer Contracts (Information, Cancellation
and Additional Charges) Regulations 2013, you have the right to cancel
the contract if you wish. This right can be exercised by sending a letter or
the below cancellation notice in person or by email to our office,
confirming your instructions, at any time within the period of 14 days
starting on the day of the funeral arrangement meeting. The right to
cancel is lost during the cancellation period if the service is provided in
full before the 14 days elapses.
Where applicable, payment may be required to be made in respect of any
services carried out or disbursements paid, once the performance of the
contract has begun and prior to the cancellation notice being received.
Terms & Conditins
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