Terms of Business
1. Estimates and Expenses
The estimate sets out the services we agree to supply. This estimate is an indication of the charges likely to be incurred on the basis of the information and details we know at the dateof the 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 give you a best estimate of such charges in the written estimate. The actual amount of the charges will be detailed and shown in the final account. If you amend your instructions we may 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. We are VAT exempt.
2. Payment Arrangements
The funeral account is due for payment within thirty days of our invoice, unless otherwise agreed by us in writing.
Direct Transfer Funerals ~ We reserve the right to request payment in full before funeral.
Standardised Price & Traditional Funerals ~
If you fail to pay us in full on the due date we may charge you interest:
-at a rate of 1.5% above our bank’s Base Rate from time to time in force;
-calculated (on a daily basis) from the date of our account until payment;
-compounded on the first day of each month; and
-before and after any Judgment (unless a Court orders otherwise).
We may recover (under Clause 3) the cost of taking legal action to make you pay.
3. Indemnity
You are to compensate us in full and hold us not responsible 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 from you the fees we incur. 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.
4. Data Protection & GDPR
Words shown in italics are defined in the Data Protection Act 1998 (“the Act”).
We respect the confidential nature of the information given to us and, where you provide us with personal data (“data”), we will ensure that the data will be held securely, in confidence and processed for the purpose of carrying out our services. In order to provide our services we may need to pass such data to third parties and those third parties, who are performing some of the services for you, may contact you directly. 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. The new GDPR regulations are dealt with by new written publications. You confirm that you have permission to also give consent to use all information you supply, including your relatives & friends, unless you specify.
5. Cooling-Off Period
The Cancellation of Consumer Contracts made in the Consumer’s Home or Place of Work etc Regulations 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 handed to you. In the event that 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 already supplied.
6. Termination
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. If we or you terminate your instructions you may, depending upon the reasons for termination, be asked to pay a reasonable amount based upon the work carried out up to the time your termination is received.
7. Standards of Service
The Scottish Association of Funeral Directors’ 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 the Scottish Association of Funeral Directors through the SAIF Resolve.
All dates and times provided on the estimate 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 overleaf, and advise you of alternative arrangements.
We can not be responsible for the performance of all third parties which may include, but not specifically, Crematoria, Councils, Grave Diggers, Ministers, Civil Celebrants, Florists, Printers, Vehicle Hire, Newspapers, Hospitals, Doctors, Coroner, Registrar, International Repatriation Service Providers, etc.
8. Agreement
Your continuing instructions will amount to your continuing acceptance of these 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.
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.
This agreement is subject to Scottish Law. If you decide to commence legal action, you may do so, in any appropriate UK Court.
9. Additional legal requirements
Any inappropriate items found in a coffin during our final closing down procedure will be discreetly disposed of.
10. Any unclaimed items of clothing / effects
Will be discreetly disposed of after 14 days of date of death.
11. Instructions regarding cremated remains
are to be issued by the cremation applicant and remain their ownership. Unless otherwise
agreed
12. We will update our website
with funeral details. You will be asked your preferences with the information to be
displayed.
Declaration of Interests
Osborne is owned and managed by David Mitchell, 4 Gas Lane, Kirkcudbright DG6 4HX.
Osborne has no business or material financial interest in price comparison websites, nor has it made any material charitable donation, gratuity or payment to a third party within the last 12 months.
Complaints Procedure
Our commitment to client’s
We aim to ensure that:
– Making a complaint is as easy as possible and we treat your complaint seriously
– We deal with your complaint promptly and in confidence
– We learn from our complaints and use them to review and improve our service.
What is a complaint
A complaint is when you tell us you are not happy about any part of the service and/or the products we provide.
How to make a complaint
If you wish to make a complaint you can contact our General Manager Jane Mitchell in any of the ways listed below:
By email mitch0106@hotmail.com
In writing to Jane Mitchell, Osborne Funeral Directors, 4 Gas Lane, Kirkcudbright. DG6 4HX
By phone Tel no: 01557330441
In person (by appointment only) at:
Osborne Funeral Directors
4 Gas Lane
Kirkcudbright
DG6 4HX
Your complaint will be acknowledged within 3 days and fully investigated within 5 working days. If you are unhappy with the response you can contact Jane Mitchell in any of the ways listed below:
By email: mitch0106@hotmail.com
In writing to:
Osborne Funeral Directors
4 Gas Lane
Kirkcudbright.
DG6 4HX
By phone Tel no: 01557330441