Estimates and expenses
Our estimate is an indication of the charges likely to be incurred based on 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. We may not know the amount of third-party 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. 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. Our normal practice is to ask for advance payment of our anticipated disbursements, as set out in the estimate. Any advance payment will be deducted from our final invoice.
Terms of Payment
A Deposit of 50% is required to proceed with arrangement and if possible, balance paid 72 hours before service date. When the funeral plans are completed, you will be given a written estimate of all the charges incurred by the service you have requested. Where the total estimated account is deemed excessive you may be asked to make an interim payment. We ask for this estimate to be signed as consent that you accept the charges and will be liable for payment of the account when submitted. This is usually 7-10 days after the funeral. If wished, the account may be forwarded to your solicitor. We reserve the right to add interest on all outstanding accounts at 2% per month on accounts that remain unpaid after 60 days and any legal and court costs incurred due to non-
The Company will forward its final invoice to another person when so instructed by the client. The client is however personably liable for making payment in full of all Company charges and disbursements and simply forwarding the final invoice to another person will not discharge that liability. The client remains liable to the Company until full payment is received by it. The client also remains liable for any outstanding balance due to the Company which (in applicable cases) is not discharged by the nominated other person, the DWP or whoever is administrating the deceased’s estate and in any case the client is responsible for ensuring that payment is made within the payment terms. Please note: We reserve the right to ask for full payment in advance before providing any of our services. Failure to do so may result in the funeral arrangements being delayed or cancelled. Final Invoice If you fail to pay us in full on the due date, we may charge you interest; in accord with the Late Payment of Commercial Debts (Interest) Act 1998, before or after any judgment, unless a court orders otherwise. We may recover (under clause 3) the cost of taking legal action to make you pay. If, because of your circumstances, you have to make a claim for assistance from the Department of Work and Pensions, please note that stringent rules apply as to the amount of help available. Please talk to us, in confidence, for guidance.
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 must take legal action, we will ask the court to make you pay our legal costs.
Our Code of Practice requires that we provide a high-quality service in all aspects. If, however, you have any questions or concerns about the service we provide to you, please raise them in the first instance with our designated senior person. If that does not resolve the problem to your satisfaction then please contact: The Funeral Arbitration Scheme, 618 Warwick Road, Solihull, West Midlands B91 1AA. who provide independent conciliation and arbitration through the Chartered Institute of Arbitrators. All dates and times provided cannot be guaranteed until 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 or time specified. Where this is the case, we will attempt to contact you in advance, using the details provided and advise you of alternative arrangements.
Watermans Independent Family Funeral Directors Ltd will not under any circumstances be held liable to the Client for any loss, claim or liability of whatever nature caused by the acts or omissions of any third-party service provider.
Your continuing instructions will amount to your continuing acceptance of these terms of business. Any waiver or variation of these terms is binding in honour only unless: – made (or recorded) in writing; – signed by one of our directors; and – expressly stating an intention to vary these terms. 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. English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive Jurisdiction.
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.