- The right to arrange the funeral
We have no means of independently establishing who has the legal right to arrange a particular funeral and we will therefore contract with any person who purports to have the authority to arrange the funeral by virtue of being the next of kin, an executor of the estate or is acting on the instructions of those persons or in the absence of the existence of any executor or family.
- Estimates and Expenses
We are happy at any stage to provide an estimate of costs if requested. Any estimate provided 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. Whilst 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 the 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 may require your written confirmation of the changes. We may also need to make an extra charge in accordance with prices published in our current price list.
- Size of the deceased
We are usually unaware of the size of the deceased at the time that the funeral is arranged. The prices quoted and availability of products and services is based on the assumption that the size of the deceased falls below certain reasonable limits. Once known, we take account of the size of the deceased (in terms of both weight and dimension) as there are maximum sizes for each coffin, each hearse, for each grave and the crematorium. Our preferred method of movement on a funeral is to shoulder carry the coffin but as a reasonable employer a risk assessment is carried our beforehand. Where this indicates there is or could be an unacceptable risk, we will either arrange for additional staff or move the coffin on a wheeled bier or both. Where the size exceeds any of the limits we may, at our absolute discretion, provide additional staff, transport and equipment and changes may be made to the type of coffin (or method of construction), use of cemetery or crematorium or to any other part of the service.
- 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 Judgement (unless a Court orders otherwise)
We may recover (under clause 3) the cost of any legal action to make you pay.
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 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 may 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 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 (Jersey) Law 2005.
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 only 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. We may also pass your name and address to the charity you chose for ‘donations in memory’ in order that they may advise you of the donations they have received.
Under the Law 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.
This agreement may be terminated before the services are delivered:
- by us if you fail to honour your obligations under these Terms and
- by you communicating to us in writing, terminating your instructions.
If we or you terminate your instructions you may, depending on 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’ 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.
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.
Your continuing instructions will amount to your continuing acceptance of these Terms of Business.
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 Jersey Law. If you decide to commence legal action, you may do so, in the appropriate Jersey Court.