Terms of Business for Oakleigh Funerals Ltd a company incorporated in England and Wales with company number 4446086 having its registered address at 419-421 Oakleigh Road North, London, N20 0RU (“we”, “us” or “our”).
1. Estimates and Expenses
The estimate 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.
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.
We will add VAT to our charges where applicable, and at the rate applicable when we prepare the invoice.
2. Payment Arrangements
We require a refundable deposit to be paid which is the total amount of third party costs to date following the arrangements. We kindly request that this payment is made 3 working days prior to the funeral to allow arrangements to proceed.
The final balance is due for payment within 30 days of our account, unless otherwise agreed by us in writing.
The final account is sent to you one week after the funeral.
The Simple Funeral, Direct Cremation and Direct Burial options must be paid in full 3 working days before the funeral.
If you fail to pay us in full on the due date we may charge you :
– a surcharge of 10% of the remaining balance after 30days of the date of invoice.
– 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 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.
4. 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 terminations, be asked to pay a reasonable amount based upon the work carried out up to the time your termination is received.
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 maybe 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, and advise you of alternative arrangements.
5. 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 English, Wales Law. If you decide to commence legal action, you may do so, in any appropriate English, Wales Court.