The Principal hereby warrants and represents that they are authorised to enter into the agreement either as the legal personal representative of the deceased or with this knowledge, consent and approval of the said legal representative.
The Funeral Director shall carry out the funeral in accordance with this agreement.
Should any extra item or service be provided by a third party including but without limitation: Grave Diggers, Vicars, Organists and/or any other party outside the control or agency of the Funeral Director, the Funeral Director will not be responsible for any injury, loss, damage, expense or inconvenience arising from the same.
The Funeral Director shall not be responsible for the loss of any valuables or items on display for private viewing. All jewellery will remain on the deceased unless written instructions are received from the personal representative of the deceased to remove such items – any items so removed will not be released without written authorisation from the personal representative.
The Funeral Director does not provide storage for ashes- it is usual that the Crematorium will hold the ashes on a temporary deposit for one month (they may then make a holding charge which will be the responsibility of the Principal). If the Principal requests the cremated remains, 48 hours notice is required in order to collect them- however there will be a storage charge of £10 per week should they not be collected from us on the date agreed with the Principal.
A fully itemised estimate will be given to the Principal once all arrangements have been agreed. If any third party disbursements cannot be estimated accurately at the time of making the arrangements, the Funeral Director will inform the Principal of the total cost as soon as reasonably possible and our written estimate will be adjusted accordingly.Our funeral account will be forwarded to the Principal 5/7 days before the day of the funeral so payment can be arranged in full 48 hours before the service is to take place.If the Principal is making a claim through the Social Fund, our account must still be paid in full by the Principal. If the Principal’s claim is successful and monies from the Social Fund are paid direct to us, the Funeral Director will make a full refund to the Principal.
Pall bearing by family members or anyone other than the staff of J A Clark & Son will only be permitted at the discretion of the Funeral Director. The Funeral Director will not be held responsible for any mishap, loss, injury or damage should family members or anyone other than ourselves wish to pall bear or carry out any other function usually carried out by the Funeral Director.
The Funeral Director shall not be liable for any loss, injury, damage, expense or inconvenience arising from any circumstances beyond the reasonable control of the Funeral Director.
The Funeral Director will consider all complaints and disputes relating to the quality of the service or the items supplied in the first instance. Any complaint should be made in writing to our offices within 14 working days of the funeral.
All payments made under this Agreement to the Funeral Director shall be made to the Registered Office of the Funeral Director or at such other address as the Funeral Director shall from time to time notify to the Principal in writing. Payments dispatched by post shall be so dispatched at the risk of the Principal.
Value added tax is not currently chargeable upon the provision of a funeral. The total amount payable shown for the Funeral Plan is therefore exclusive of this tax.
Should value added tax or any similar turnover or sales related tax become chargeable upon funerals the Funeral Director reserves the right to recover such tax in addition to the amount payable.
Neither party may assign its rights and obligations under this agreement
Any variation of this Agreement must be made only in writing and be signed by or on behalf of both parties
The Agreement shall be binding on and shall inure for the benefit of each party’s successors and assignee’s.
This agreement shall be governed by the Laws of England and the jurisdiction of the English Courts.
