Terms of Business
If engaging a solicitor, you must bring this to their attention.
We are members of NAFD and subscribe to it’s code of practice, a copy of which is available on request. We aim to act in a professional manner and provide a courteous, sensitive and dignified service to you.
Estimates and Expenses
The Estimate sets out the service we agree to supply. The estimate is an indication of charges likely to be incurred on the basis of the information and details known at the date when the estimate is given. While we make every effort to be accurate charges may be liable to alteration when a third party charge their rates.
We may not the amount third parties charge in advance of the funeral; but we try and give you the beast estimate. The actual amount of charges will be shown in the final account, Third parties may include Notice in press, cemetery fees, cremation fees, florists, printed material.
If your instructions are amended your written confirmation will be required. An additional charge may be made to cover any costs incurred.
The payment of account is payable within 14 days unless otherwise agreed by us in writing. A discount may be deducted as indicated on final invoice, only if payment is made within 14 days. If you fail to pay in full within the given time we may charge you interest:
At a rate 5% above Bank’s Base rate, calculated on a daily basis from account due date until payment
Compounded on the first day of each month, and before and after any Judgment, (unless a Court orders otherwise).
Claim to Department of Works and Pension, if a claim is successful, DWP will only pay on average 50% or part of the invoice. Families are responsible to pay the balance.
Details for Funeral Safe loan plans can be provided if required
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 fully 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 collecting agents will also recover from you their fees, or court fees if the claim is taken to County Court.
Words shown in ITALICS are defined in the Data Protection Act 1998 (“The Act”)
We respect the confidential nature of all information and requests given or made to us where you provide us with personal data, we will ensure that the data provided will be held securely, in confidence and processed for the purpose of carrying out our services. In order to carry out our service we may need to pass such data to third parties, some of the third parties acting for you may contact you directly. Under the act you have the right to know what data we hold on you and you may apply to us in writing and paying a fee receive copies of that data.
Cooling off Period
The Cancelation of Consumer Contracts made in the Consumer’s home or place of work etc Regs 2008 may give you the right to terminate this agreement in the cooling off period of 14 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 given to you. In the event 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 supplied.
SPECIAL NOTE:- Many funerals take place within the 14 days.
Disbursements are payments we make on your behalf
These costs can NOT be reduced
This agreement may be terminated before the services are delivered: by us if you fail to honour your obligations under the 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 required to pay a reasonable amount based on the work carried out up to the time your termination is received.
If you feel the need to raise a complaint this must be done in writing and addressed to Lynda Jones, at the above address.
Standard of service
We are regulated by NAFD Code of Practice, which require us to provide a high quality service in all respects. If you have any questions or concerns about the service we provide please contact initially. If that does not resolve the problem the NAFD through FAS provides a low cost dispute resolution service, as an alternative to legal action. You can contact FAS at 618 Warwick Road, Solihull, West Midlands, B91 1AA. The FAS and how it works is explained in the leaflet Your Right to put it Right, which can be obtained from us.
All dates and times provided on the estimate cannot be guaranteed until final bookings are made and confirmed. Although we try to provide prompt and efficient service, there may be instances or circumstances beyond our control, where we are unable to fulfil the obligations to you on the dates or time specified. Where this is the case we will attempt to contact you in advance using details given and advise you of alternative arrangements.
PRE PAID FUNERAL PLANS AND INSURANCE
Some plans or insurance do not cover the full cost of present day funeral, some companies may also pay out less to the funeral directors than what clients have paid in as contributions. Jones Brothers Benllech will provide a written estimate to families, and bill the families direct for the shortfall if any, in the value of a plan or insurance to the cost of the funeral and services provided, and or extras above the plan or insurance cover. Some plans or insurance companies will insist that funeral directors do not disclose to families value of plans or insurance they have contributed too. Families should themselves therefor ascertain from plan providers or insurance companies this information.
Shortfalls if any relating to a funeral plan must be met by the person ordering the funeral.
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.
The contract to carry out funeral arrangements is with the clients instructing and NOT with funeral plan providers or prepaid insurance companies. Therefore an additional payment may be required other than what the prepaid plans provide.
Funerals may now be streamlined on the internet, however Jones Brothers Benllech or service providers, cannot guarantee the quality or connectivity of broadband at locations, and will not be held responsible for failure due to technical issues.
For CREMATION we will provide the family a link to OBITUS to view the streaming of the service.
For BURIALS ONLY
The definition of an Unattended Funerals is when the coffin is taken either to the Crematorium or Cemetery, with no service, no minister or mourners in attendance at all.
Arrangements and Materials supplied by you or outside source (CMA statement)
All items supplied by us conform to requirements necessary for the funeral to take place. CMA state “that you can take care of some arrangements without their involvement or you can use a different supplier” if so, we do not take responsibility for the standard of the items or quality, you must pay the costs involved directly to the supplier. All Items sought from other suppliers must conform to the required standards. These may affect if the funeral can take place or not. Any arrangements made by you must be given to us in writing 5 working days before the funeral takes place excluding catering and flowers.
CMA PRICE LIST this is very confusing, please refer to our price list.
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 liabilities for deaths or personal injury. This agreement is subject to English Law. If you decide to commence with legal action, you may do so in any UK approved Court.