The following definitions shall apply to the following terms when used in these conditions: “the Company means
L Hawkins & Sons Ltd. “the Client” means the person who has instructed the Company to make arrangements for a funeral. “Executors” means the executors, personal representatives, or administrators of the deceased’s estate.
These conditions shall apply to all services provided by the Company. No variations to these conditions will be
valid unless agreed in writing by the Company
The client has been given an estimate of the Company’s charges. Whilst the Company will use all reasonable endeavours to ensure the accuracy of the prices estimated no responsibility can be accepted by the Company for errors or omissions. The Client accepts that due to increased costs which may be charged to the Company the charges for the
funeral, including, but not limited to the disbursements, may exceed such estimate.
The prices estimated/quoted are exclusive of Value Added Tax (where payable)
Payment terms are strictly 30 days from the date of the invoice (“the Due Date”)
The Client is personally and solely liable for the fees and charges associated with the funeral account. In the event that the Client is unable to settle the account due to mental incapacity or death the account will be passed for settlement to their next of kin or executor. Where there is an estate to be administered, the Client should make arrangements to settle the funeral account, on or before the 30th day from the date of invoice
INVOICES NOT PAID BY THE DUE DATE AND THE COMPANY NOT APPROVING ANY DELAY IN PAYMENT WILL BE PASSED TO THE COMPANY’S COLLECTION AGENCY WITHOUT FURTHER REFERENCE TO THE CLIENT. ALL COSTS INCURRED IN THE PURSUANCE AND THE RECOVERY OF OVERDUE INVOICES WILL BE MET BY THE CLIENT.
Liability and Claims
The Company shall be under no liability to the Client for any indirect loss and/or expenses suffered by the Client arising out of a breach by the Company of this contract.
All claims against the Company under this contract must be made by the Client in writing within 28 days of the date of the funeral after which the Company will accept no responsibility.
In the event of any breach of the Company of this contract, the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Company exceed the price charged to the Client for the Company’s services.
The Company does not exclude liability for death or personal injury due to the negligence of the Company.
Third Party Disbursements
The Company is able to make a number of arrangements in behalf of the Client with third parties including but not limited to the Church, Gravedigger, Newspaper and Florists. The Company hereby excludes all liability in respect of provision of goods and services by such third parties. The Company will however assist the Client in any claims against third party suppliers subject to the Client indemnifying the Company in respect of its reasonable costs.
12. The Company shall not be liable to the Client for any breach of contract, if the breach was due to any cause beyond the Company’s reasonable control
Code of Practice
13. The Company is a member of the National Association of Funeral Directors and agrees to honour the spirit and provisions of it’s Code of Practice. The Code of Practice is displayed in our office. Copies will be supplied on request.
No forbearance, delay or indulgence by either party in enforcing the provisions of this contract shall prejudice or restrict the rights of that party nor shall any waiver of such rights operate as a waiver of any subsequent breach
15. All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out in the Funeral Instructions or such other address as the recipient may designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered by hand or by first class prepaid letter and shall be deemed to have been served if by hand when delivered and if by first class post 43 hours after posting.