Terms of Business
Albert English Funeral Directors, is a partnership owned by John Frangiamore and Carol Frangiamore. Registered address, The Stow, Harlow, Essex CM20 3AQ
We are a member of The Society of Allied & Independent Funeral Directors (the “SAIF”) a private limited company by guarantee with registered number 02436831, having its registered address at SAIF Business Centre, 3 Bullfields, Sawbridgeworth, Hertfordshire, CM21 9BD and subscribe to its current Code of Practice, a copy of which is available upon request. We aim to act in a professional manner and provide a courteous, sensitive and dignified service to you.
Services means funeral arrangement, support and advice services provided by us.
Your continuing instructions in terms of services will amount to your continuing acceptance of these terms and conditions (the “Terms”), and you acknowledge you have read, understood and agree to be bound by these terms.
Estimates attached sets out the services we agree to supply to you. This estimate is an indication of the charges likely to be incurred for the services, on the basis of the information and details provided by you 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 are involved and may change their rates of charges which is out of our control.
Estimates and Expenses
We may not know the total sum of third-party charges in advance of provision of the services, however, we will give you a best estimate of such charges prior to the provision of the services in the written estimate. The actual amount of the charges will be detailed and shown in the final account.
If you amend your instructions in terms of the services, we may require your written confirmation of the amended instructions and as a result you may need to make and/or incur an extra charge for the amended instructions, such charge in accordance with prices published in our current price list.
On occasion we may also charge you an administration fee. 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 from you the fees we incur. Further details regarding these fees are available on request.
Payment Arrangements
We will issue you with an invoice for payment in relation to any services provided or undertaken.
The payment of an invoice is due no less than 4 working days before the funeral.
If you fail to pay in full on the due date for any of the services provided this may result in the funeral having to be re-scheduled with the possibility of further costs being incurred.
Indemnity and Liability
You will indemnify us in full and hold us, our employees and agents harmless from and against all expenses, liabilities, losses, damages, claims and other reasonable expenses we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis), in connection with or arising out of your use and any third party’s use of the services and following any breach by you of any of your obligations under these ‘Terms’. We may claim any losses from you at any time providing written notice.
We shall not be liable to you or any third party for any loss or damage (including any loss of profit, revenue, business, goodwill or anticipated savings (whether direct or indirect) and any indirect, consequential or special damages, loss, costs, claims or expenses), howsoever arising.
Nothing in these ‘Terms’ shall exclude or limit our liability for death or personal injury caused as a result of our negligence, breach of contract or otherwise.
Data Protection
We respect the confidential nature of the information given to us and, where you provide us with personal data we will ensure that the data will be held securely, in confidence and processed only for the purpose of carrying out the services.
In order to provide our services we may need to pass such data to third parties who are performing some for the services for you, who may contact you directly.
Further details regarding these third parties are available upon request and are noted in our privacy policy.
Under the ‘Act’, 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. You confirm that you have permission to also give consent to use all information you supply, including your relatives and friends, unless you specify.
Cooling Off Period
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may give you the right to terminate provision of our services in the cooling off period of 14 days after you have agreed to engage our services or provide us with initial instruction (the ‘Cooling Off Period’). If you wish the performance of the services to which this right applies to commence before the end of the cooling off period, you must tell the person named below, in writing at the time of your initial instruction.
In the event that you exercise the right to cancel our services during the Cooling Off Period, if you have received any goods or services from us during such period you will be required to reimburse us for any incurred costs and expenses associated with provision of the goods or services during the Cooling Off Period.
Termination
The services may be terminated before the services are delivered:
By us if you fail to honour your obligations under these ‘Terms’ and
By you communicating to us in writing, whether this be by text, email or post that you are terminating your instructions and engagement of the services.
You must tell John Frangiamore or Carol Frangiamore in writing as soon as practical of any termination.
If we or you terminate the services you may, depending on the reasons for termination, at your discretion be asked to pay a reasonable sum based upon the services carried out up to the time of termination. Such amount will be advised to you in writing.
Standards of Service
The Society of Allied & Independent Funeral Directions (SAIF) Code of Practice requires that we provide a high quality service in all aspects. If 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 SAIF provides a dispute resolution service, as an alternative to legal action.
You can contact SAIF by completing their complaints form which is available by contacting them on 0345 230 6777 or email to standards@saif.org.uk.
Although we endeavour to provide a prompt and efficient service to 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. Therefore, we endeavour to meet all dates and times provided on the estimate, however, these cannot be guaranteed. Where it is known and arrangement will not be met, we will attempt to contact you in advance, using the details here by mentioned, and advise you of alternative arrangements.
We cannot be responsible for the performance of any third parties which may include, but not specifically limited to, Crematoria, Councils, Grave Diggers, Ministers, Civil Celebrants, Florists, Printers, Vehicle Hire, Newspapers, Hospitals, Doctors, Coroner, Registrar, International Repatriation Service Providers etc.
Agreement
Your instructions will not create any rights enforceable by virtue of the Contracts enforceable by virtue of the (Contracts Rights of Third Parties Act 1999 OR The Contract (Third Party Rights) (Scotland) Act 2017) 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.
The parties agree that these ‘Terms’ along with estimates and services accounts constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
Notwithstanding anything else contained in these ‘Terms’, neither party shall be liable for any delay in performing, or non-performance of, its obligations hereunder if such delay or non-performance is caused by circumstances beyond the reasonable control of the party so delaying or non-performing, including but not limited to strikes, lock outs, labour disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, disease, epidemic, pandemic, fire, flood, storm or adverse weather conditions.
Our liability is excluded to the maximum extent permitted by law including any implied terms.
No variation of these ‘Terms’ shall be valid or effective unless it is in writing (including email), refers to these ‘Terms’ and is duly signed or executed by, or on behalf of SAIF.
These ‘Terms’ are subject to English law. If any provision of these ‘Terms’ shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these ‘Terms’ you submit to the non-exclusive jurisdiction of the English courts.
Additional Legal Requirements
Any inappropriate items found in a coffin during our final closing down procedure will be discreetly disposed of.
If additional staff are required due to the size of coffin or difficult access to the place of service, then an additional cost from £340 will be charged. This additional charge will include the reinforcement of the coffin.
Any unclaimed items of clothing/effects will be discreetly disposed of after 7 days of date of death unless otherwise agreed.
Instructions regarding cremated remains are to be issued by the cremation applicant and remain their sole decision and ownership.
Disclosure of Interests
The partnership is jointly owned by John Frangiamore and Carol Frangiamore.
There is no business or material financial interest in a price comparison website
There has been no material charitable donation to a third party.
There has been no charitable contribution or payment of gratuity to a third party.
There has been no material form of payment to a third party that does not relate to a cost incurred or a service provided by the third party on behalf of Albert English Funeral Directors.
John Frangiamore is also the owner of UK Funeral Directors Ltd.