Terms and Conditions
We always aim to act in a professional manner and provide a courteous, sensitive and dignified manner.
1. Estimates and Expenses
The estimate supplied overleaf sets out the services we agree to supply. This estimate is an indication of the charges likely to be incurred on the basis of the information and details we know at the date of the estimate, the charges are liable to alteration particularly where third parties change their rates or charges.
We may not know the amount the third party charges in advance of the funeral; however, we give you the best estimate of such charges they will be detailed and shown in the final account.
If you amend the instructions we will require your written confirmation of the changes. We may need to make an extra 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.
2. Payment Arrangements
The Funeral account is due on receipt of invoice, unless otherwise agreed by us in writing.
If you fail to pay us in full on the due date we may charge you interest:
- At a rate of 4% above our bank’s base rate from time to time in force;
- Calculated (on a daily basis) from the date of our account until payment;
- Compounded on the first day of each month
- Before and after any judgement (unless a court orders otherwise)
- We may recover (under Clause 5) the cost of taking legal action to make you pay.
All payments are due on receipt of invoice
3. Standards of Service
We always aim to provide a high-quality service in all aspects. If you have any questions or concerns about the service we provide to you, please raise them in the first instance with our designated senior person. If you are still unhappy with your response you can contact The National Society of Allied & Independent Funerals Directors (SAIF) and quote our membership number 655 firstname.lastname@example.org or in writing to SAIF business centre 3 Bulfields Sawbridgeworth Herts CM21 9DB The Funeral Arbitration Scheme (FAS) provides a low-cost dispute resolution service, as an alternative to legal action. You can contact the FAS at 618 Warwick Road, Solihull, and West Midlands B91 1AA. The FAS, and how it can be accessed, is explained in the leaflet entitled “Your right to put it right” made available to you and on display on our premises. The IDRS Ltd, a wholly-owned subsidiary of the centre for effective dispute resolution.
All date and times provided on the estimate cannot be guaranteed until final bookings are made and confirmed. Although we endeavour to provide prompt and effective 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, using the contact details you have provided us with and advice you of alternative arrangements.
4. Cooling-off Period
The consumer contracts (Information, Cancellation & Additional Charges) Regulations 2013 may give you the right to terminate this agreement in the cooling-off period of fourteen days. If you wish the performance of the agreement to which this right applies to commence before the cooling-off period, you must sign the authority in the form which will be handed to you. In the event that you exercise the right to cancel this contract during the cooling-off period, you will be required to pay the amount for goods and services already supplied.
You are to indemnity us in full and hold us harmless for all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these Terms.
This means that you are liable to us for losses we incur because you do not comply with these Terms. For example, we will charge you an administration fee where we receive a cheque for you which is subsequently not honoured or if we write to you to remind you an account is overdue. If we instruct debt collection agents we may also recover from you the fees we incur. 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.
This agreement may also be terminated before the services are carried out: (1) by us if you fail to honour your obligations under these Terms. (2) By you communicating to us in writing, terminating your instructions.
If we or you terminate your instructions you may, depending upon the reasons for terminations, you will be asked to pay a reasonable amount based upon the work carried out up to the time your termination is received.
7. GDPR Legislation/Data Protection
The GDPR general data protection regulation May 2018
We respect the confidential nature of the information given to us and where you provide us with personal data (“data”), we will ensure that the data will be held securely, in confidence and processed for carrying out our services. In order to provide our services, we may need to pass such data to third parties who are performing some of the services for you these may include the Crematorium, Cemetery’s, Hospital, Churches, Ministers who may contact you directly. Under the Act, you have right to know what data we hold on you and you can apply to us in writing and paying a fee, receive copies of the data. On signing this agreement you are giving consent for us to share your information with the third parties above.
Your instructions will amount to you continuing acceptance of these Terms of Business. 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 of these terms
- If it would be enforceable if amended it will be treated as amended
Nothing in these terms restricts or limits 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 an appropriate UK court.