We are a member of the National Association of Funeral
Directors and subscribe to its current Code of Practice.
- Estimates and Expenses
The estimate overleaf sets out the services we agree to supply.
This estimate is an indication of the charges likely to be
incurred based on the information and details we know at the
date of the estimate. While we make every effort to ensure the
accuracy of the estimate, the charges are liable to alteration
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 give you a best estimate
of such charges in 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 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. - Payment Arrangements
The funeral account is due for payment within thirty days of our
account, 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;
and before and after any Judgment (unless a Court orders
otherwise).We may recover (under Clause 3) the cost of taking
legal action to make you pay.
- Indemnity
You are to indemnify us in full and hold us harmless from 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 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 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.
- Data Protection
Words shown in italics are defined in the Data Protection Act
1998 (“the Act”). 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 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. Under the Act you have the right to know
what data we hold on you and you can, by applying to us in
writing and paying a fee, receive copies of that data.
- Cooling-Off Period
The Cancellation of Consumer Contracts made in the
Consumer’s Home or Place of Work etc Regulations 2008 may
give you the right to terminate this agreement in the cooling off
period of seven days. If you wish the performance of the
agreement to which this right applies to commence before the
end of the cooling-off period, you must sign the authority in the
form which will be handed to you. In the event if you exercise
the right to cancel this contract during the cooling-off period,
you will be required to pay a reasonable amount for goods and
services already supplied.
- Termination
This agreement may also be terminated before the services are
delivered: (1) by us if you fail to honour your obligations under
these Terms and (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
termination, be asked to pay a reasonable amount based upon
the work carried out up to the time your termination is
received.
- Standards of Service
The National Association of Funeral Directors’ 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 raise them in the first
instance with our designated senior person. If that does not
resolve the problem to your satisfaction the National
Association of Funeral Directors through 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, West Midlands B911AA. 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 FAS provides independent conciliation and
arbitration through IDRS Ltd, a wholly owned subsidiary of the
Chartered Institute of Arbitrators. 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, using the details overleaf, and advise you of
alternative arrangements.
- Agreement
Your continuing instructions will amount to your 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 other of the
Terms; and if it would be enforceable if amended, it will be
treated as so 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 any appropriate UK Court. 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 any appropriate UK
Court. We are a member of the National Association of Funeral
Directors and subscribe to its current Code of Practice, a copy
of which is available upon request.
|