Terms & Conditions of Business
As with any reputable business, Roseberry Funeral Service has Terms and Conditions of Business; this sets out the legal basis of the relationship, in a clear way in fairness to all parties, on which Roseberry Funeral Services Ltd, trading as Roseberry Funeral Service, undertakes its services.
The Terms and Conditions of Business are as follows:-
STANDARD TERMS AND CONDITIONS OF BUSINESS OF CONTRACT
- Interpretation and basis of the contract
- In these conditions:
“Deceased”: means the Deceased person.
“Director”: means owner and managing director of Roseberry Funeral Services Ltd
“Charges”: means the price which Roseberry Funeral Service shall levy the Client.
“Client”: means any person or persons engaging Roseberry Funeral Service on the terms in this Contract and includes, unless the context otherwise indicates, that person’s principals, agents, employees and sub-contractors.
“Collection Point”: means the place notified to Roseberry Funeral Service as the place from which the Deceased is to be collected.
“Contract”: means the contract between the Client and Roseberry Funeral Service.
“Destination”: means the place to which the Client has requested Roseberry Funeral Service to carry the Deceased to include (for the avoidance of doubt) any church, mortuary, crematorium, chapel of rest, hospital, burial ground or other place where the Deceased is to be taken.
“Funeral Director”: means an employee who is employed within Roseberry Funeral Service in this capacity of Funeral Director or Funeral Assistant.
“In Transit”: means the time beginning with collection of the Deceased from the Collection Point and ending with delivery of the Deceased at the Destination.
“Roseberry Funeral Service”: means:
– Roseberry Funeral Services Ltd (company number 9162846) 3 Coatham Road, Redcar, Cleveland, TS10 1RH
– Marske Funeral Services Ltd (company number 9813892) 14 The Wynd, Marske by the Sea, Cleveland, TS11 7LA
– Guisborough Funeral Services (company number 13672001) HCL House, Rectory Lane, Guisborough, North Yorkshire, TS14 7DL
1. Agreement between client and Funeral Director
1.1 This Contract shall be entered into between Roseberry Funeral Service and the Client by the Client requesting, whether verbally or in writing (electronic or paper based) that Roseberry Funeral Service perform the activities of funeral undertakers in relation to the Deceased. No verbal variation of the terms of this Contract shall be effective. These conditions apply to the exclusion of and in the place of any terms proposed or put forward by the Client and shall only be capable of variation by a written amendment to them, signed by a Funeral Director of Roseberry Funeral Service. No verbal warranties, representations, agreements or assurances will bind Roseberry Funeral Service, other than where provided for in this Contract or by law.
1.2 Subject to the terms of this Contract and in consideration of the payment of Roseberry Funeral Service Charges and of any other monies which may become due under this Contract Roseberry Funeral Service shall perform the activities of funeral undertakers in relation to the Deceased which shall include carrying the Deceased from the Collection Point to the Destination and using its reasonable endeavours to deliver the Deceased to the Destination at the time requested and arranged with the Client. Roseberry Funeral Service shall use all reasonable skill and care when performing its obligations under the Contract.
1.3 Both the Client and Roseberry Funeral Service will comply with all applicable laws relating to the processing of personal data and privacy (and any subsequent amendment, re-enactment, consolidation or replacement thereof or implementing legislation) including but not limited to the General Data Protection Regulation, 2018.
2. Estimates and Expenses
2.1 The estimate provided 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.
2.2 We may not know the amount of third parties 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.
2.3 Roseberry Funeral Service will provide a written estimate before the date of the funeral and a final invoice shortly after.
2.4 Unless agreed in writing by a Funeral Director, all third party costs are to be paid before the funeral will commence (24 hours before date of funeral).
2.5 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.
2.6 Full payment to be made to Roseberry Funeral Service within 14 days of the date of the funeral invoice unless agreement made in writing by the Funeral Director.
3.1 Roseberry Funeral Service reserve the right to pass on to the client the cost of any third-party charges (such as, but not limited to, solicitors, Court costs and Bailiff collection services). These costs will be incurred from when Roseberry Funeral Service instruct solicitors.
3.2 Roseberry Funeral Service reserve the right to charge interest to you on the overdue amount at the rate of 4% above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
3.3 Roseberry Funeral Service reserve the right to withhold the release of ashes to the client until account is cleared.
4.1 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 remind you that an account is overdue. If we instruct debt collection agents we may also recover the fees we incur from you. 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.
5.1 At Roseberry Funeral Service our Code of Practice requires that we provide a high quality of service in all aspects. Any questions or concerns about the service we provide to you as a client, please raise them in the first instance with a Funeral Director.
5.2. All dates and times provided on the estimate cannot be guaranteed until final bookings are made and confirmed.
5.3 Roseberry Funeral Service shall not be liable to the Client or be deemed to be in breach of the Contract for any reason if the breach of Contract was due to any cause beyond our reasonable control. The following events shall be regarded as examples of causes beyond Roseberry Funeral Service’s reasonable control but shall not act to limit the general nature of this clause: – Act of God, explosion, flood, tempest, fire, accident, civil disturbance, acts, restrictions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental, parliamentary or local authority, difficulties in obtaining labour, fuel, motor vehicle breakdown for whatever reason.
5.4 Roseberry Funeral Service shall in no circumstances be liable to the Client for any loss, claim or liability of whatever nature caused by the acts or omissions of any third party.
To continue the use of Roseberry Funeral Service these Terms and Conditions must be signed and dated by the client. Any waiver or variation of these terms is binding in honour only unless; made (or recorded) in writing; signed by a Funeral Director; and expressly stating an intention to vary these terms.
Your instructions will not create any 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.
English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.