1) Payment Arrangements – A deposit is required no later than 48 hours prior to the Funeral taking place, at a value of the total third party fees, whichever is greater. If we do not receive the deposit within the said timeframe, we reserve the right to terminate our services (under clause 5). The remaining funeral account is due for payment within 28 days of our account, unless otherwise agreed by us in writing. Any accounts not settled by this date shall attract an interest rate on the outstanding balance at the rate of 5% above Natwest base rate per month, from time to time prevailing the account will also attract any legal fees that the company endures as a result of breach of this contract by the client interest shall continue to be charged before and after any Court Judgement unless stated otherwise by The Court at the time of making The Order.
2)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 the fees we incur from you. 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.
3)Estimates and Expenses – Our 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 will give you a best estimate of such charges on 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 provide you with written confirmation of the changes.
4)Data Protection – The personal data provided by you is controlled by Lilies Funeral Directors. 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, processing credit card payments and to contact you regarding these funeral arrangements. 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
5)Termination – We reserve the right to terminate our services if you fail to honour your obligations under these Terms. We are under no obligation to accept your termination until we receive your instruction in writing. If you terminate your instructions or if we decide to terminate our services you will be invoiced for all third party charges, which we have paid or are committed to. You will also have to pay for any goods and services we have already provided in part or in full, at the full retail price.
6)Cooling off Period -“Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013” gives you the right to terminate this agreement in the cooling off period of fourteen days. In the event that you exercise this right you will be required to pay for goods and services already provided in part or in full, at the full retail price.
7)Conduct – 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 held, and advise you of alternative arrangements. We reserve the right to replace any product or service provided by the company with an alternative which at the reasonable belief of the company is of similar quality and / or is suitable for purpose. We reserve the right to employ the services of third parties to provide part or all of our services and products.
The Company does not accept responsibility for any loss of or damage to any memorial removed; any memorials stored by the Company until replacement, are stored entirely at the client’s risk and are not insured by the Company. The Company does not accept responsibility for loss of or damage to any valuables, jewellery, personal effects or items on display for private viewing, which will be entirely at the client’s risk and are not insured by the Company. The Company does not accept responsibility for any loss of or damage to any cremated remains which will be held entirely at the client’s risk and are not insured by the Company.
8)Agreement – By signing the Estimate of Costs, you are accepting these Terms and Conditions. If you have not signed the Estimate of Costs, by proceeding to deal with our company in any way you are accepting these Terms and Conditions. Your continuing instructions will amount to your continuing acceptance of these Terms and Conditions of Business. Any waiver or variation of these Terms is binding in honour only unless:-
made (or recorded) in writing;
signed by one of our Directors; and
expressly stating an intention to vary these Terms
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. English law is applicable to
any contract made under these Terms. The English and Welsh Courts have non-exclusive jurisdiction.