Anthony Barton Funeral Service’s Ltd Terms of Business

Registered address: 63 Stamford Street, Mossley, OL5 0LN

Company Number 15149237

 

1.0          Estimates and Expenses

The estimate is an indication of the charges likely to be incurred based on 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 the 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.

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2.0          Payment Arrangements

We kindly request full payment be made 3 days before the funeral to allow arrangements to proceed, a nonpayment could lead to the funeral being cancelled.

If you fail to pay us in full on the due date which is stated on the estimate given to you at the time of arrangement we may charge you interest:

- at a rate of 5% 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 taking legal action to make you pay,

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3.0          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 you 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 of these charges 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.

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4.0          General Data Protection Regulation (GDPR)

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 Regulations 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. When you sign the acceptance, you are giving us permission to keep your details on record for 12 months.

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5.0          Cooling-Off Period

The Cancellation of Consumer Contracts Information, Regulations 2013 may give you the right to terminate this agreement in the cooling-off period of seven 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.

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6.0          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, 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.

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7.0          Standards of Service

All dates and times provided on the estimate cannot be guaranteed until the 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 and time specified. Where this is the case we will attempt to contact you in advance, and advise you of alternative arrangements.

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8.0          Agreement

Your continuing instructions will amount to your continuing acceptance of the 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.