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As with any reputable business, Beckfords Funeral Services Limited® has Terms and Conditions of Business; this sets out the legal basis of the relationship, in a clear way in fairness to all parties, on which Beckfords Funeral Services Limited undertakes its services.
Beckfords Funeral Services Limited also adopts a Code of Practice as members of the National Society of Allied and Independent Funeral Directors.
Our Terms & Conditions of Business are as follows:
STANDARD TERMS AND CONDITIONS OF BUSINESS OF CONTRACT
1. Interpretation and basis of the contract
1.1 In these conditions:
"Deceased": means the Deceased person.
"Director": means a member of the board of directors of Beckfords Funeral Services Limited as may from time to time be appointed by the shareholders of Beckfords Funeral Services Limited.
"Charges": means the price which Beckfords Funeral Services Limited shall levy the Client.
"Client": means any person or persons engaging Beckfords Funeral Services Limited on the terms in this Contract and includes, unless the context otherwise indicates, that person's principals, agents, employees and sub-contractors.
"Collection Point": means the place notified to Beckfords Funeral Services Limited as the place from which the Deceased is to be collected.
"Contract": means the contract between the Client and Beckfords Funeral Services Limited.
"Destination": means the place to which the Client has requested Beckfords Funeral Services Limited to carry the Deceased to include (for the avoidance of doubt) any church, mortuary, crematorium, chapel of rest, hospital, burial ground or other place where the Deceased is to be handed over or buried.
"Funeral Director": means an employee who is employed within Beckfords Funeral Services Limited in this capacity who may or may not be a Director.
"In Transit": means the time beginning with collection of the Deceased from the Collection Point and ending with delivery of the Deceased at the Destination.
"Beckfords": means Beckfords Funeral Services Limited, a Guernsey registered company (registered number 12334) whose registered office is at Rue des Crabbes, St Saviour, Guernsey, GY7 9QL and who trades as Beckfords Funeral Services Limited.
1.2 This Contract shall be entered into between Beckfords Funeral Services Limited and the Client by the Client requesting, whether verbally or in writing (electronic or paper based) that Beckfords Funeral Services Limited perform the activities of funeral undertakers in relation to the Deceased. No verbal variation of the terms of this Contract shall be effective. These conditions apply to the exclusion of and in the place of any terms proposed or put forward by the Client and shall only be capable of variation by a written amendment to them, signed by a Director of Beckfords Funeral Services Limited. No verbal warranties, representations, agreements or assurances will bind Beckfords Funeral Services Limited, other than where provided for in this Contract or by law.
1.3 Subject to the terms of this Contract and in consideration of the payment of Beckfords Funeral Services Limited's Charges and of any other monies which may become due under this Contract Beckfords Funeral Services Limited shall perform the activities of funeral undertakers in relation to the Deceased which shall include carrying the Deceased from the Collection Point to the Destination and using its reasonable endeavours to deliver the Deceased to the Destination at the time requested and arranged with the Client. Beckfords Funeral Services Limited shall use all reasonable skill and care when performing its obligations under the Contract.
1.4 In these conditions except where the context otherwise required, the singular shall include the plural and vice versa; any gender include all genders; words denoting persons including bodies corporate and unincorporated associations and partnerships and vice versa.
1.5 In the event that the Client is purchasing a Pre-Paid Funeral then these Terms and Conditions of Business are to be read in conjunction with the Terms and Conditions of Business for the Pre- Paid Funeral chosen. If there are any inconsistencies between the two documents, then the terms and conditions of Business contained in this document shall prevail.
1.6 Both the Client and Beckfords Funeral Services Limited will comply with all applicable laws relating to the processing of personal data and privacy (and any subsequent amendment, re-enactment, consolidation or replacement thereof or implementing legislation) including but not limited to The Data Protection (Guernsey) Law 2017 ("the Data Protection Legislation").
2. Control of Procedure
2.1 Beckfords Funeral Services Limited shall have absolute discretion as to the means, route and procedure to be followed in the handling and carriage of the Deceased while in transit.
3. Beckfords Funeral Services Limited's Charges
3.1 Beckfords Funeral Services Limited's Charges are in respect of its services as funeral undertakers only and the Client acknowledges that all other necessary arrangements with third parties (such as with ministers, churches, church assistants including vergers, wardens, gravediggers and organists, cemeteries, crematoria, florists, taxi and limousine hire and newspapers) will be made by Beckfords Funeral Services Limited acting exclusively as agent for the Client. The Client acknowledges that he shall be responsible for any third party charges. Beckfords Funeral Services Limited undertakes to disburse third party charges on behalf of the Client and will recover this disbursement from the Client. All disbursements made by Beckfords Funeral Services Limited on behalf of the Client will be shown itemised on Beckfords Funeral Services Limited's invoice.
3.2 Beckfords Funeral Services Limited's Charges are payable by the Client without any right of set off within 30 (thirty) days after receipt of Beckfords Funeral Services Limited's invoice.
3.3 Beckfords Funeral Services Limited is entitled to charge interest at the rate of 1% p.m. from time to time on any sums due to Beckfords Funeral Services Limited which remain unpaid at the expiry of 30 days from the date on which they became due and continuing both after and before any judgement.
3.4 In addition to the above, Beckfords Funeral Services Limited may pass on to the client the cost of any third party charges or fees (such as but not limited to Court, Sheriff, Advocates' and Solicitor's fees) that it has incurred in the collection of a debt.
3.5 Credit card payments are subject to a 2.5% handling fee in order to cover bank and other charges. Debit card payments will not incur a handling fee.
4. Limitation of Liability
4.1 The Deceased together with any jewellery or personal effects forming part of the Deceased's estate shall be carried at the Client's sole risk in all respects, subject to clause 4.6.
4.2 Subject to the limits on its liability in clauses 4.3, 4.4 and 4.6, Beckfords Funeral Services Limited shall only be liable to the Client where it causes by its negligence or wilful misconduct delay in the delivery of the Deceased to the Destination.
4.3 Beckfords Funeral Services Limited shall not be liable to the Client or be deemed to be in breach of the Contract for any reason if the breach of Contract was due to any cause beyond Beckfords Funeral Services Limited's reasonable control. The following events shall be regarded as examples of causes beyond Beckfords Funeral Services Limited's reasonable control but shall not act to limit the general nature of this clause: - Act of God, explosion, flood, tempest, fire, accident, civil disturbance, acts, restrictions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental, parliamentary or local authority, difficulties in obtaining labour, fuel, motor vehicle breakdown for whatever reason.
4.4 Beckfords Funeral Services Limited shall in no circumstances be liable to the Client for any loss, claim or liability of whatever nature caused by the acts or omissions of any third party.
4.5 Subject as expressly provided in this Contract all warranties, conditions, representations or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
4.6 The maximum aggregate liability of Beckfords Funeral Services Limited to the Client, for any sentimental or direct loss arising out of one or a series of linked events or omissions; and more specifically the loss theft or destruction of any of the jewellery or personal effects forming part of the Deceased's estate shall be limited to the value of Beckfords Funeral Services Limited's Charges.
5 Client's Warranties and Indemnities
5.1 The Client warrants the accuracy of all descriptions, addresses and other particulars furnished to Beckfords Funeral Services Limited and the Client undertakes to indemnify Beckfords Funeral Services Limited against all losses, damages and expenses arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence on the part of the Client.
5.2 The Client undertakes to indemnify Beckfords Funeral Services Limited against the claims of any third party which may arise out of the loss damage or distribution of any of the jewellery or personal effects forming part of the Deceased's estate.
6 Collection of Ashes
6.1 The Client undertakes to arrange (where applicable) for the collection of the ashes of the Deceased within 60 days following cremation of the Deceased.
6.2 In the event that the ashes have not been collected within the time referred to in Clause 6.1 then the Client authorises Beckfords Funeral Services Limited to dispose of the ashes without any further notice to the Client.
6.3 The Client undertakes to indemnify Beckfords Funeral Services Limited against the claims of any third party which may arise out of the disposal of the ashes as contemplated in Clause 6.2.
7. Insolvency of the deceased's Estate and Payment of Charges
7.1 In the event of the insolvency of the Deceased's estate the Client undertakes to bind himself in his personal capacity as co-principal debtor in respect of any debt arising from this contract which may be due and owing by the Deceased's estate to Beckfords Funeral Services Limited.
8. Governing Law and Jurisdiction
8.1 The Contract shall be governed by the laws of the island of Guernsey in every particular including formation and interpretation and shall be deemed to have been made in the island of Guernsey.
8.2 Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in the island of Guernsey.
8.3 The submission of the parties to such jurisdiction shall not limit the right of Beckfords Funeral Services Limited to commence any proceedings arising out of the contract in any other jurisdiction it may consider appropriate.
9.1 Notwithstanding that any provision contained in these conditions may prove to be illegal or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.