TERMS OF BUSINESS
We aim to act in a professional manner and provide a courteous, sensitive and dignified service to you.
1.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 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 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.
2. Payment Arrangements
Any estimated disbursements and/or special ordered bespoke coffins or caskets will require payment to be made 72 hours (3 days) prior to the day of the funeral.
Any estimated balance for Direct Cremation / Simple Funeral / Funeral Plan is due for payment 72 hours before the funeral takes place.
In the case of Repatriation any estimated balance is due prior to the booking of flights.
The funeral account will be sent to you 7 days after the day of funeral, unless you have requested it before this.
The funeral account is due for payment within 14 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.
3. 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 these 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.
3a. Cremated Remains
We will follow your instructions in the collection of the cremated remains and the respectful care of them. However we reserve the right after the period of 1 year, should there be no contact from you, to return the cremated remains back to the crematorium that carried out the original cremation, as explained to you at the time of the arrangement. We of course will do everything we can to remain in contact with you.
4. 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.
5. Cooling-Off Period
The Cancellation of Consumer Contracts made in the Consumer’s Home or Place of Work etc 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 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.
6. 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.
7. Standards of Service
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.
8. Complaints
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.
The SAIF Consumer Protection Scheme has been designed to complement SAIF members’ own complaints processes, as outlined in the SAIF Code of Practice, and the SAIF Standards Committee complaints review system. It means clients who find themselves dissatisfied with a funeral director’s in-house procedures and Standards Committee findings, are able to elevate the issue to an independent conciliation process and if that fails, go to arbitration in which a legally-binding award can be made against a funeral director.
All SAIF members are automatically registered with this scheme and are able to display a window sticker on their premises, providing reassurance to their clients that they care about standards.
We have also balanced the need to protect consumers with the small but real risk of people using arbitration for financial benefit, so often seen with the insurance claims culture.
As such, funeral director clients taking a SAIF member to conciliation will have to pay a fee of £100 and for arbitration will have to pay a fee of £200 which will be returned if their claim is successful. This will protect our members against malicious claims motivated solely by money.
How does conciliation work?
Conciliation is a private and structured form of negotiation, assisted by a trained mediator who has been accredited by CEDR. If a settlement is reached the mediator can draw up an agreement that can then become a legally binding contract if signed by both parties. This process is conducted by several means of communication including telephone, Skype or email.
How does arbitration work?
Arbitration is a formal and legally binding process where the dispute is resolved by the decision of a nominated third party called an arbitrator. Once the arbitrator issues their award it is legally binding and can only be appealed in the courts on very rare occasions. This process is conducted entirely in writing.
COMPLAINTS PROCEDURE
In the first instance, please contact your funeral director to discuss the complaint.
If the funeral director cannot resolve the dispute to your satisfaction, please follow SAIF’s Complaints Procedure.
The first step is to complete a Complaints Form to give us the relevant background information to investigate the situation.:
9. 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 these 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.
