At all times we aim to act in a professional manner and provide a courteous, sensitive and dignified service to you. Additionally we are a member of the National Association of Funeral Directors (NAFD) and subscribe to their current Code of Practice, a copy of which is available to you upon request.
1. 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 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 the 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 may need to make an extra charge in accordance with prices published in our current price list.
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.
3. Data Protection
We always respect the confidential nature of any information given to us, and where you provide us the personal data we will ensure that the data will be held securely, in confidence and only used for the purpose of carrying out our service to you. 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 Data Protection Act 1998 you have the right to know what data we hold on you and can, by applying to us in writing, receive copies of that data.
4. Termination
If you terminate your instructions or in the unlikely event that we decide to terminate our services, you will be invoiced for all third party charges which we have paid or are committed to pay.
5. Conduct
We endeavour to provide a high service in all aspects. If, however, you have any questions or concerns about the service we provide, or have provided to you, please raise them in the first instance with our Director. If he does not resolve the problem then please contact the Funeral Arbitration Scheme who provide independent conciliation and arbitration through the Chartered Institute of Arbitrators. 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 to you, there may be instances where, because of circumstances beyond our control, we are unable to fulfil our obligations to you. Where this is the case we will attempt to contact you in advance and advise you of alternative arrangements.
6. Agreement
Your continuing instructions will amount to your continuing acceptance of these terms of business. Any waiver or variation of these terms is being 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 will not be enforceable if amended, it will be treated as so amended.
Nothing in these terms restricts or limits or liability for death or personal injury.
7. Payment
All invoices are payable within 30 days of the invoice date unless agreed otherwise. Any accounts not settled within the time stated shall attract interest on the outstanding balance at the rate of 4% above Barclays Bank base rate. M G Evans & Sons complied with the Code of Practice, approved by the National Association of Funeral Directors, in consultation with the Office of Fair Trading.
8. Deposit
M G Evans & Sons require a deposit for the funeral prior to the service taking place. This will be supplied to you at the time of arrangements. All direct funeral services will require full payment prior to the funeral taking place.
English law is applicable to any contract made under these terms.
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