Terms of Business

These terms and conditions are the standard terms for the provision of funeral services by R B F Services (Wrexham) Limited trading as Roberts Bros. whose registered office is at St Andrews House, Yale Business Village, Ellice Way, Wrexham, LL13 7YL, and whose main trading address is 4 High Street, Pentre Broughton, Wrexham, LL11 6AG.

We are members of the National Association of Funeral Directors and subscribe to its current Code of Practice, a copy of which is available upon request.

CONTRACT

These terms and conditions set out the legal basis upon which we (Roberts Bros.) provide our services to you (The Client). A legally binding contract between us will be created upon you signing in acceptance of our offer to provide funeral services to you (referred to as the contract). Your continuing instructions will amount to your continuing acceptance of these terms and conditions. A person who is not a party to the Contract has no right to enforce any of its terms.

AUTHORITY TO ARRANGE

You must have the authority to arrange the funeral service. This means that you are either an executor of the estate of the person who has passed away, or you are the nearest surviving relative of the person who has passed away, or you act on behalf of and with the full agreement of either the executor or the nearest surviving relative of the person who has passed away. It is not our responsibility to prove this.

ESTIMATES AND EXPENSES

The written estimate details our charges and any third-party charges (Disbursements) in respect of the goods and services you have specified. The written estimate is our best estimate of charges at the date of issue; the costs of disbursements are not under our direct control and may differ from those estimated. Actual amounts will be detailed in the final account. If you wish to amend your instructions, we require your written confirmation of the changes. If changes are made, extra charges may apply in accordance with prices published in our current price list.

PAYMENT ARRANGEMENTS

You are legally responsible for paying the funeral account. The ‘Standardised Attended Funeral’, ‘Standardised Unattended Funeral’, ‘Direct Committal’ and ‘Simple Funeral’ and ‘non-Funeral Arrangements (D.I.Y.)’ are due for full payment at the time of booking. When using the ‘Traditional’ service, disbursements are due for payment at least 48hrs in advance of the funeral date. The final invoice will be issued 10 days after the service date and is due for payment within 30 days of the invoice date unless we agree otherwise in writing. When making an application to the Department of Work and Pensions for ‘Help with the costs of a funeral’ the full difference between the anticipated assistance and the total estimated cost, will be due for payment 48hours prior to the funeral. All payments should be made in British Pounds by credit or debit card, BACS, Cheque or Cash.

If you do not pay the invoice in full by the due date we may charge interest on the overdue amount at the rate of 4% per month above the base rate of HSBC bank. Interest will accrue on a daily basis; compounded on the first day of each month until the date of payment, whether before or after judgment. If we have to remind you of an outstanding balance, we will charge you £10 per letter.

We may recover the cost of taking enforcement action to recover and outstanding debt. We will charge you an administration fee of £25.00 where you present us with a cheque which is subsequently not honoured or if we write to remind you that an account is overdue.

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 and conditions. This means that you are liable to us for losses we incur because you do not comply with these terms and conditions. For example: If you insist on viewing the deceased against our advice. Where requested we will provide you with a proof layout of any printing requirements (This includes press notice’s). It is your responsibility to check the proof’s, we shall not be liable for any spelling or wording errors where the final publication conforms to the accepted proof. Your acceptance of any proof also confirms to us that you have received consent from each individual you choose to name in any publication. We cannot accept liability for any third party’s failure to publish an obituary notice or for any misspelling or inaccuracy in any obituary notice where the variation from the obituary proof is the fault of a third party.

CONFIRMATION

All dates and times provided verbally are not guaranteed until final bookings are made and confirmed with you in writing. We will make every reasonable effort to complete our obligations under the Contract as soon as possible, however we cannot accept liability for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control, for example: if we are waiting for a vicar or crematorium to return our communications.

CARE OF THE DECEASED

Care of the deceased is of paramount importance to us, and should you wish to visit your loved one at our premises we aim to try and ensure the memory of your loved one, is one of ‘peacefully sleeping’. When necessary (In our professional opinion), we may, on occasion, need to undertake modern hygienic treatments or embalming to aid preservation and/or presentation of the deceased. We will undertake this process without discussion (To save emotional distress) unless you instruct us otherwise. We reserve the right to refuse an open coffin viewing if the deceased suffered from a notifiable disease and where such viewing would put you or us at risk.

EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any act or event beyond our reasonable control, including but not limited to: roadworks, road closures, crematorium delays, adverse weather, traffic congestion, mechanical failure, crematorium / church equipment failure, acts of God, electrical failure, mobile date network dropout, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster.

CONCERNS

Questions regarding our service should be raised with your dedicated funeral arranger. Concerns about our services should be directed to Richard Roberts our designated director in the first instance, all concerns will be delt with using our published complaints procedure. In addition, as members of the National Association of Funeral Directors (NAFD) our clients have the option to use the NAFD Resolve service. Www.nafd.org.uk/resolve/

LIABILITY

Nothing in in these terms and conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation. We shall not be liable for loss which was not reasonably foreseeable to both parties at the time the Contract was created. We shall not be liable for business losses. Services provided under these terms and conditions are for domestic and private use.

DATA PROTECTION

All personal data is processed in accordance with our data protection policies and in compliance with data protection legislation. You can find our privacy notice displayed on our website www.pentrebroughton.co.uk. We will only use your information to: provide the funeral; process your payment for the funeral; allow third parties to contact you to provide their services as part of the funeral, as you have agreed.

CANCELLATION

We reserve the right to terminate our services at any time if you fail to honour your obligations under these terms and conditions.

In accordance with The Consumer Contracts (Information and Additional Charges) Regulations 2013, if you have entered into the Contract outside of our office you have a right to cancel within 14 days from the date you signed. You must inform us of your decision to cancel in writing: to our main trading address or by email to robertsbros@pentrebroughton.co.uk

If you choose to cancel the Contract having given signed authority for us to commence work, you will be charged for: any services carried out to date; and any disbursements we have paid or have committed to pay on your behalf, and for which we cannot obtain a refund. We are under no obligation to accept your cancellation until we receive your instruction in writing. The Contract cannot be cancelled if we have fully performed the services.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings (if any) whether written or oral, relating to its subject matter. Our promotional material is published for illustrative purposes only.

SEVERANCE

If any provision in these terms and conditions is prohibited by law or are judged by a court to be unlawful, void or unenforceable, it shall, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions.

WAIVER

No failure or delay to enforce the performance of any provision in these terms and conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.