    
 
TERMS OF BUSINESS
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. We aim to act in a professional manner and provide a courteous, sensitive and dignified service to you.
1. Estimates and Expenses
OIIOur estimate is an indication of the charges likely to be incurred on the basis of the information and details we OI
OIIknow at the date of estimate. While we make every effort to ensure the accuracy of the estimate, the charges are
OIIliable to alteration particularly where third parties change their rates or charges.
OIIWe may not know the amount of third party charges in advance of the funeral, however we will give you a best
OIIestimate of such charges on the written estimate. The actual amount of the charges will be detailed and shown in
OIIthe final account.
OIIIf you amend your instructions, we will require your written confirmation of the changes. We may need to make an
OIIextra charge in accordance with prices published in our current price list.
OIIWe will add VAT to our charges where applicable, and at the rate applicable when we prepare the invoice.
2. Payment Arrangements
OIIThe funeral account is due for payment by the end of the month following the month of the funeral, unless
OIIotherwise agreed by us in writing. Repatriation accounts including both our charges and all disbursements are
OIIpayable in cleared funds one banking day before the flight.
OIIIf you fail to pay us in full on the due date we may charge you interest;
OII- at a rate of 4% above our bank’s base rate from time to time in force;
OII- calculated (on a daily basis) from the date of our account until payment;
OII- compounded on the first day of each month; and
OII- before and after any judgment (unless a Court orders otherwise).
OIIWe may recover (under clause 3) the cost of taking legal action to make you pay.
3. Indemnity
OIIYou are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or
OIIindirectly including financing costs and including legal costs on a full indemnity basis) following any breach by
OIIyou of any of your obligations under these Terms.
OIIThis means that you are liable to us for losses we incur because you do not comply with these Terms; for
OIIexample, we will charge you an administration fee where we receive a cheque from you which is subsequently
OIInot honoured or if we write to remind you that an account is overdue. If we instruct debt collection agents we may OIIalso recover the fees we incur from you. Further details regarding these fees are available on request. We may OIIclaim those losses from you at any time and, if we have to take legal action, we will ask the Court to make you pay OIIour legal costs.
4. Data Protection
OIIWords shown in italics are defined in the Data Protection Act 1998 ("the Act").
OIIWe respect the confidential nature of the information given to us and, where you provide us with personal data
OII("data"), we will ensure that the data will be held securely, in confidence and processed for the purpose of OIIOI
OIIcarrying out our services. In order to provide our services we may need to pass such data to third parties and OI
OIIthose third parties, who are performing some of the services for you, may contact you directly. Under the Act you OIIhave the right to know what data we hold on you and you can, by applying to us in writing and paying a fee, OI
OIIreceive copies of that data.
5. Termination
OIIWe reserve the right to terminate our services if you fail to honour your obligations under these Terms. We are
OIIunder no obligation to accept your termination until we receive your instruction in writing.
OIIIf you terminate your instructions or if we decide to terminate our services, you will be invoiced for all third party
OIIcharges which we have paid or are committed to. You will also have to pay our charges and expenses according
OIIto the scale set out below:-
OIITermination within two days of due date for performing services - 100% of fees payable
OIITermination within one week of due date for performing services - 80% of fees payable
OIITermination within two weeks of due date for performing services - 50% of fees payable
6. Conduct
OIIThe National Association of Funeral Directors' Code of Practice requires that we provide a high quality service in
OIIall aspects. If, however, you have any questions or concerns about the service we provide to you, please raise OI
OIIthem in the first instance with our designated senior person. If that does not resolve the problem to your
OIIsatisfaction then please contact the Funeral Arbitration Scheme at 618 Warwick Road, Solihull, West MidlandsOI
OIIB91 1AA, which provides independent conciliation and arbitration through the Chartered Institute of Arbitrators.
OIIAll dates and times provided on the estimate cannot be guaranteed until final bookings are made and confirmed. OIIAlthough we endeavour to provide a prompt and efficient service for you, there may be instances where, because OIIof circumstances beyond our control, we are unable to fulfil our obligations to you on the date or time specified. OIIWhere this is the case we will attempt to contact you in advance, using the details overleaf, and advise you of OI
OIIalternative arrangements.
7. Agreement
OIIYour continuing instructions will amount to your continuing acceptance of these Terms of Business.
OIIAny waiver or variation of these Terms is binding in honour only unless:-
OII- made (or recorded) in writing;
OII- signed by one of our Directors; and
OII- expressly stating an intention to vary these Terms.
OIIYour instructions will not create any right enforceable (by virtue of the Contracts Rights of Third Parties Act 1999)
OIIby any person not identified as our client.
OIIIf any of these terms are unenforceable as drafted:-
OII- it will not affect the enforceability of any other of these Terms; and
OII- if it would be enforceable if amended, it will be treated as so amended.
OIINothing in these Terms restricts or limits our liability for death or personal injury
OIIEnglish law is applicable to any contract made under these Terms. The English and Welsh Courts have non
OIIexclusive jurisdiction.
OII(Revised December 2007)
|