Terms of Business
We are a member of the SAIF (The National Society of Allied and Independent Funeral Directors -established 1989) 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.
- Estimates and Expenses
The estimate given 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. 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 of 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, if applicable, and at the rate applicable when we prepare the invoice.
- Payment Arrangements
We require the third party costs (disbursements) as stated on our estimate to be paid prior to the date of the funeral. If we do not receive the third party costs before the funeral date then this may be deemed a breach of contract and we reserve the right to cancel the funeral. You will be liable for any costs incurred because of this breach of contract. We will issue a full and final account for our charges and any amendments to the third party costs within 14 days after the funeral has taken place. This account is due for payment within thirty days of the date of the account, unless otherwise agreed by us in writing. If you fail to pay us in full within three months of the date of the account, then the following charges will apply:
- an initial 15% Credit Surcharge on the balance outstanding three months form the date of the account;
- thereafter, 5% compound interest charged on the balance outstanding on each subsequent month outstanding.
- a handling fee of £150 will be applied to any accounts passed to collection agencies (this does not included their own agency charges).
We may also pursue non-payment through the Small Claims Court. We may recover (under Clause 3) the cost of any legal action taken to obtain payment.
You are to indemnify us in full and hold us harmless form 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 that 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 form you the fees we incur. Further details regarding these fees are available on request. We may claim those losses form 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 serves, 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 that 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.
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 our up to the time your termination is received.
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 these terms;
- 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.