1.1 These Terms form part of the Contract with you and they will apply to the funeral services that we perform.
1.2 Please read these Terms carefully before you sign the Contract and please ask us if you have any questions about these Terms.
2.1 In these Terms the following words shall have the following meanings:
2.2 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words before those terms.
3.1 At the time you first instruct us to provide the Services (which may be when you phone us) we will confirm the Services we will provide and our Charges, based on the information and details that you provide at that time. The details of the Services and the Charges will also be set out in the Invoice and the other Contract documents that we send to you.
3.2 If we incur additional fees to third parties:
3.2.1 in the ordinary course of properly providing the Services (including if we agree to pay third party fees on your behalf); and/or
3.2.2 because you fail to meet your obligations in the Contract,
we may issue you with a further Invoice for those additional fees (which we will recharge to you at cost). The third parties who we incur such fees to may include hospitals, (who may charge for their storage of the deceased) and any funeral director who you may initially engage to make arrangements for the deceased and who is subsequently replaced by us (who may charge for their services up to the date we replace them, e.g. for their collection and storage of the deceased).
3.3 If we agree with you to change the Services we will require your written confirmation of the changes. Depending on the change to the Services, we may need to make an extra charge in accordance with prices published in our current price list.
3.4 If we have to store the deceased after more than 14 days following the date you first instruct us to provide the Services (other than because of a delay caused by us) we can charge you £35 for each additional day of storage of the deceased.
3.5 If we have to store the ashes of the deceased for more than 3 months from the date of cremation we can charge you £35 per month of storage (reduced proportionately for storage for part of a month).
3.6 We will add VAT to our Charges, where applicable, and at the rate applicable when we prepare the Invoice.
3.7 The time(s) and date(s) for the performance of the Services, as set out in the Contract, are conditional on you:
3.7.1 returning to us the completed documents referred to in the Contract within 5 days of the date you first instruct us to perform the Services; and
3.7.2 providing us with a green form (Certificate for burial or cremation) or Coroner’s Form 6 within 7 days of the date you first instruct us to perform the Services.
3.8 With the passage of time, the details of the deceased and what has happened to their ashes may be lost to their family and friends. Ashes Registry Limited have created an online register (Ashes Register), located at www.ashesregister.com, where information about the deceased and the final resting place of their ashes can be stored for future reference.
3.9 As part of the Services (without any additional charge), unless you ask us not to, we may create a basic listing for the deceased on the Ashes Register. The basic listing will include the name of the deceased and whether their ashes have been scattered in our garden of remembrance or whether their ashes have been removed from our crematorium. You may contract with Ashes Registry Limited (for a separate fee payable directly to them) to upgrade the listing of the deceased with further information about the deceased and the details of the final resting place of their ashes.
4.1 You must pay each Invoice within 7 days of the date of the invoice (“Due Date”), unless otherwise agreed by us in writing.
4.2 If you fail to pay us, in full, by the Due Date we may:
4.2.1 charge you interest:
4.2.2 recover (under Clause 5) the reasonable cost of taking legal action to make you pay;
4.2.3 choose to stop providing the Services until you pay us in full; and/or
4.2.4 terminate the Contract and raise an Invoice for the charges for the Services already carried out.
5.1 You must reimburse us for all reasonable expenses and liabilities we may incur (including reasonable financing and legal costs) following any breach by you of any of your obligations under the Contract.
5.2 For example, we will charge you:
5.2.1 a reasonable administration fee, which reflects our costs, where we receive a cheque from you which is subsequently not honoured or if we write to remind you that an account is overdue; and
5.2.2 the fees we incur if we instruct debt collection agents to recover payment from you.
Further details of these fees are available on request.
5.3 We may claim these expenses and liabilities 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.
7.1 You have the right to cancel the Contract within 14 days of the conclusion of the Contract (“Cancellation Period”) without giving any reason. However, if the Services have been fully performed the Contract cannot be cancelled, even if the Cancellation Period is still running.
7.2 To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. by phone, a letter sent by post or e-mail). If you want to tell us about the cancellation in writing, this can be sent to us at Pure Cremation, Charlton Park Crematorium, Charlton Down, Andover, SP11 0TA or by email to [email protected]
7.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your cancellation of the Contract before the Cancellation Period has expired.
7.4 If you cancel the Contract, we will reimburse to you all payments received from you, but you will have to pay for the work that we have done, and the costs we have incurred, up to the point when you inform us of your decision to cancel. Any of our own administration costs will be capped at £100.
7.5 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract.
7.6 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
8.1 The Contract may also be immediately terminated:
8.1.1 by us if you fail to honour your obligations under the Contract; or
8.1.2 by you if we fail to honour our obligations under the Contract.
The party wishing to terminate the Contract will contact the other party by phone, email or by letter sent by post to advise of the termination of the Contract.
8.2 If we or you terminate the Contract you may, unless you are terminating for our failure to honour our obligations, be asked to pay a reasonable amount based upon the work carried out, and the costs we have incurred, up to the time your termination is received. Any of our own administration costs will be capped at £100.
9.1 We strive to 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 “At Need” manager.
9.2 All dates and times provided in the Contract are just estimates and cannot be guaranteed. Although we endeavour to provide a prompt and efficient Service for you, there may be instances where, because of circumstances beyond our control or because you have not fulfilled your obligations set out in the Contract, we are unable to fulfil our obligations to you on the date or time specified in the Contract. Where this is the case, we will attempt to contact you in advance, using the details you have provided, and advise you of alternative arrangements.
9.3 In particular, although we will endeavour to cremate the deceased on the estimated date referred to in the Contract, we may cremate the deceased on a date and at a time and place that we decide.
10.1 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.2 If a court finds that any of the terms of the Contract are unenforceable as drafted it will not affect the enforceability of any other terms.
10.3 Nothing in the Contract restricts or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be lawfully limited.
10.4 The Contract is subject to English Law. If you decide to commence legal action in relation to the Contract, you may do so, in any appropriate UK court.