Independent Way Terms and Conditions
DEFINITIONS ARE TO BE FOUND IN SECTION 7
1 ACCEPTANCE BY THE COMPANY
1.1 The Member must enclose a cheque (made payable as directed by the Company) for the Deposit or the Single Payment as applicable with the completed Application Form. Single Payments or Deposits may also be made by an approved debit or credit card.
1.2 The Company may (1) (subject to Clause 1.7) act in accordance with the instructions of, and (2) communicate with, either the Member or the Representative on all matters relating to the Funeral Plan. References in these Terms and Conditions to the Member will therefore include references to the Representative (instead of the Member) where appropriate.
1.3 Within 30 days of receipt of a completed Application Form, the Company will notify the Member of its acceptance or rejection of the application (applications being rejected where the formalities and requirements for applications specified by the Company in the Application Form have not been complied with or it is not completed correctly). No contract will exist between the Company and the Member until the Company has notified the Member of its acceptance.
1.4 If an application is accepted and the Total Amount Payable has been fully paid, the Company will send the Member a personalised membership card and number and Certificate of Entitlement. If the Total Amount Payable is payable by instalments a provisional membership card will be issued which will be replaced by a membership card and a Certificate of Entitlement when the Total Amount Payable has been paid.
1.5 The Member must notify the Company in writing of any change of address or any of the Member’s other details specified in the Application Form, as soon as reasonably possible after the change. A change of address outside of the normal area of operation of the Selected Funeral Director may result in the appointment, by the Member or the Company, of a new Selected Funeral Director and/or an increase in the Funeral Director’s Costs and/or Third Party Costs. If, as a result of a change of address, the existing or any new Selected Funeral Director (acting reasonably) wishes to increase either or both of the Funeral Director’s Costs or the estimate of Third Party Costs, or (in the case of a new Selected Funeral Director) charge a Funeral Director Arrangement Fee, the Member must either pay such additional sums to the Company or to its order as it may notify in writing within 30 days of such notification or the Funeral Plan will be cancelled and a refund made under Clause 1.6.
1.6 A refund of all sums paid will be made in accordance with the directions given in the Application Form provided that written notice of cancellation is received (from the Member or Representative) by the Company within 30 days of the issue of the Company’s written acceptance of the application to purchase the Funeral Plan. If written notice of cancellation is received after such 30 day period has expired, the Company will charge a cancellation fee of £199 and the Selected Funeral Director will retain any Funeral Director Arrangement Fee and those sums will be deducted from the sums to be refunded. No Funeral Plan may be cancelled after the death of the Member.
1.7 In the event of any inconsistency between instructions given by the Member (including any attorney, curator, guardian or other person legally authorised to deal with the Member’s affairs) and by the Representative in relation to the Funeral Plan (including its cancellation) the Company will (subject to these Terms and Conditions) give effect to the instructions of the Member (or any such attorney, curator, guardian or other legally authorised person as appropriate).
1.8 The Total Amount Payable includes the Funeral Director’s Costs (including any separate Funeral Director Arrangement Fee) and an estimate for Third Party Costs plus a plan administration fee (as specified in the Application Form), which is not part of the Funeral Director’s Costs, covering the Company’s costs in setting up, marketing and administering the Funeral Plan (and which may be shared between the Selected Funeral Director and/or any marketing agent and the Company in a manner agreed between them from time to time). Neither the Member nor the Representative nor the Member’s next of kin, executors or trustees will have any additional sums to pay in respect of the Member’s Funeral Plan except as detailed in Clauses 1.5, 2.2, 2.5 and 4.2.
2 THE SELECTED FUNERAL DIRECTOR
2.1 The Company will appoint the Selected Funeral Director as its sub contractor to carry out the funeral arrangements of the Member in terms of the Agreement and will (subject to Clauses 1.5, 2.2 and 4.2) have the Selected Funeral Director provide the Guarantee. The Company will use reasonable efforts to ensure that the highest quality of service is provided by the Selected Funeral Director.
2.2 The Member may at any time prior to the date of death, by giving written notice, request the termination of appointment of the Selected Funeral Director and request the appointment of a different Selected Funeral Director. The Company will use all reasonable efforts to comply with that request. If such a change is reasonably capable of being made and is made by the Company it will notify the Member. A change of Selected Funeral Director may result in additional sums being due and payable by the Member at the time of change due to differences in either or both of the Funeral Director’s Costs of the new Selected Funeral Director and/or the Third Party Costs expected to be incurred by the new Selected Funeral Director. If the new Selected Funeral Director wishes to increase either or both of the Funeral Director’s Costs or estimate of Third Party Costs or charge a Funeral Director Arrangement Fee, the Member must either pay such additional sums to the Company or to its order as it may notify in writing within 30 days of such notification or the Funeral Plan will be cancelled and a refund made under Clause 1.6. The Company will have no liability to the Member if such a change is not reasonably capable of being made (for whatever reason) and is not made. If the appointment of a different Selected Funeral Director is not possible or reasonably practicable for any reason or if the Member does not pay any such additional sums, the Funeral Plan will be cancelled and a refund will be available within the terms of Clause 1.6.
2.3 The Company has the right to appoint a Selected Funeral Director in the event that no appointment is made by the Member or when non appointment arises due to the operation of Clause 2.2.
2.4 If the Representative or any other person wishes, after the Member’s death, to have the funeral arrangements of the Member carried out by a party other than the Selected Funeral Director, they must pay for such funeral arrangements themselves. In such circumstances no payment will be made to any party other than the Selected Funeral Director (in accordance with arrangements specified by the Company).
2.5 The Member’s next of kin, executors, trustees or the Representative will (as a condition of the Selected Funeral Director carrying out the Member’s chosen funeral arrangements under the Funeral Plan) pay to the Company or to its order :
- any difference between the amount of estimated Third Party Costs specified on the Application Form as adjusted by the Trust Growth Factor and the actual amount (if greater) of Third Party Costs incurred in carrying out such funeral arrangements; and
- any Value Added Tax falling due in respect of the Funeral Plan as provided in Clause 5.4; and
- any sums due under Clauses 1.5, or 2.2.
Neither the Company, nor the Trust nor the Selected Funeral Director will be responsible for any such difference or amount.
3 PROCEDURE ON DEATH
3.1 The Company will ensure that the Selected Funeral Director carries out the funeral arrangements of the Member in accordance with and to the extent of the Funeral Plan and the Agreement or, in the event of failure by the Selected Funeral Director, that an alternative Selected Funeral Director carries out the funeral arrangements in the same manner (subject in all cases to Clauses 1.5, 2.2 and 4.2). The Company’s responsibility will only be for the performance of the Member’s funeral arrangements as specified in the Agreement. The Company will have no responsibility for any services, items or costs which are not so specified.
3.2 Should any extra item or service, not included in the Funeral Plan, be provided by a third party, the Company will not be liable for any loss, damage, expense or inconvenience arising from that provision unless it or the Selected Funeral Director was responsible for organising or providing these items or services under the Funeral Plan.
3.3 The Company will not be responsible for the loss of any valuables or items on display for private viewing in premises which are not owned or operated by it or the Selected Funeral Director.
4 PAYMENT BY INSTALMENTS
4.1 Upon signature of the Application Form the Member is contractually bound to pay to the Company or to its order the Total Amount Payable but the Company may at its discretion accept payment by way of instalments. Where the Company agrees to accept payment of the Total Amount Payable by instalments the Member will enter into a credit agreement with the Company in a form approved by the Company.
4.2 If, at the date of the Member’s death any instalment is in arrears or any part of the Total Amount Payable remains unpaid the Company will still comply with its obligations under Clause 3.1 above provided that:-
(i) any prior instalments or sums paid by the Member will be credited towards the cost of the funeral; and
(ii) any balance of the Total Amount Payable outstanding, less any rebate, is paid by the Member’s next of kin, executors, trustees or the Representative.
4.3 The Member is entitled to make early settlement of the Total Amount Payable under the Agreement. To make settlement the Member must pay to the Company the balance of the Total Amount Payable then unpaid, less any rebate to which the Member is entitled.
5 GENERAL
5.1 Costs
Except to the extent otherwise detailed in the Agreement, all costs, charges and expenses incurred in connection with the Agreement will be borne by the party incurring them.
5.2 Applicable Law
If a Funeral Plan is purchased in England, Wales or the Channel Islands, the Agreement will be governed by the law of England and the parties agree that any disputes will be dealt with by the English Courts. If a Funeral Plan is purchased in Scotland or Northern Ireland the Agreement will be governed by the laws of Scotland and the parties agree that any disputes will be dealt with by the Scottish Courts.
5.3 Trust Arrangements
All sums received from Members in respect of Funeral Plans will be paid by the Company to the Trust without deduction. The Trust has authorised payments from the Trust’s funds:
5.3.1 to the Company in order to pay Selected Funeral Directors at the time of need under a Funeral Plan (or prior to the time of need in respect of any Funeral Director Arrangement Fee included in the Funeral Director’s Costs);
5.3.2 to Members in respect of refunds under Clauses 1.6 and 2.2;
5.3.3 to the Company to meet the Company’s overheads and operating expenses at a level agreed between the Company and the Trust and reviewed from time to time.
5.4 All sums stated to be payable by the Member or his/her Representative in respect of a Funeral Plan are exclusive of any Value Added Tax payable thereon at any time which shall be payable as follows in addition by the Member and/or the Representative or executors or next of kin. On the basis of current legislation, no Value Added Tax has been added to any of the sums payable by the Member or his/her Representative in respect of a Funeral Plan. If VAT legislation or HM Revenue & Customs’ practice or interpretation of VAT legislation changes, the Company and the Selected Funeral Director may add VAT if payable on any relevant sum from time to time which shall then be payable by the Member or his/her Representative or the Member’s executors or next of kin.
6 DIRECT DEBIT GUARANTEE
6.1 This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
6.2 If there are any changes to the amount, date or frequency of the Direct Debit, the Company will notify the Member or the person paying for the Funeral Plan (“the Payer”), 14 working days in advance of their account being debited or as otherwise agreed. If the Payer requests a payment to be collected by the Company, confirmation of the amount and date will be given to them at the time of the request.
6.3 If an error is made in the payment of the Direct Debit by the Company or the Payer’s bank or building society, the Payer is entitled to a full and immediate refund of the amount paid from their bank or building society.
6.4 If the Payer receives a refund they are not entitled to, they must pay it back when the Company asks them to.
6.5 The Payer can cancel a direct debit at any time by writing to their bank or building society. A copy of the letter should be sent to the Company.
7 DEFINITIONS
In these Terms and Conditions, the following words have the following meanings:
“Adjusted Amount”
means the sum of the Funeral Director’s Costs (excluding any Funeral Director Arrangement Fee already paid) plus Third Party Costs (in both cases as detailed in the Application Form and adjusted where applicable under the Terms and Conditions) adjusted by the Trust Growth Factor;
“Agreement”
means the Application Form (including these Terms and Conditions), the Company’s written acceptance, the Certificate of Entitlement sent to the Member and the written acceptance of the Selected Funeral Director contained in the Funeral Director Terms and Conditions;
“Application Form”
means the Independent Way application form for a Funeral Plan in the form specified by the Company;
“Certificate of Entitlement”
means the documents giving details of the Funeral Plan given to the Member by the Company once the Total Amount Payable has been fully paid ;
“the Company”
means Golden Charter Limited, Crowndale House, 1 Ferdinand Place, Camden, London NW1 8EE;
“Deposit”
means, where the Member is making payment by instalments, the first payment to be made by the Member as detailed in the Application Form;
“Funeral Director’s Costs”
means the Selected Funeral Director’s fees and costs (including any separately identified fee or costs in respect of arranging the Funeral Plan (“Funeral Director Arrangement Fee”)) as specified in the Application Form;
“Funeral Director Terms and Conditions”
means the terms and conditions applicable to and accepted by the Selected Funeral Director in respect of each Funeral Plan incorporating the Guarantee;
“Funeral Plan”
means the various combinations of Independent Way prepaid funeral services offered by the Company and selected by or on behalf of the Member in the Application Form;
“Guarantee”
means the guarantee given by the Selected Funeral Director as contained in Clause 1 of the Funeral Director Terms and Conditions;
“Member”
means the person whose funeral arrangements are provided for under a Funeral Plan (whether purchased by the Member or by another person for them or on their behalf);
“Representative”
means the representative (if any) of the Member as detailed on the Application Form;
“Selected Funeral Director”
means the funeral director selected by the Member (or the Company) under any relevant Agreement who agrees to be bound by the Funeral Director Terms and Conditions;
“Single Payment”
means, where a Member is not paying for a Funeral Plan by instalments, the amount specified in the Application Form;
“Terms and Conditions”
means the Independent Way Terms and Conditions as current from time to time;
“Third Party Costs”
means the costs, fees, charges and expenses to be incurred by the Company or the Selected Funeral Director to third parties as specified (by way of estimate) in the Application Form; examples of typical Third Party Costs are given in the Application Form;
“Total Amount Payable”
means (where payment is made by a Single Payment or by instalments) the total sums payable by the Member for any Funeral Plan under the Agreement (including the Funeral Director’s Costs and an estimate of Third Party Costs) as detailed in the Application Form (subject to Clause 2.5) and any sums due under Clauses 1.5 and 2.2;
“Trust”
means The Golden Charter Trust;
“Trust Growth Factor”
means, the factor, as confirmed by the Company (on the advice of the actuaries of the Trust and with the guidance of the trustees of the Trust) applicable as at the date of death of the relevant Member having regard to (1) the growth in the Independent Way sub fund of the Trust in the period between the application for the relevant Funeral Plan being accepted by the Company and the date of the regular actuarial review date immediately prior to the date of death of the relevant Member; and (2) any other factors considered relevant by the actuaries and/or trustees of the Trust.
Funeral Director Terms & Conditions (2011)
The Independent Way Funeral Plan
- The Selected Funeral Director accepts the terms of the Guarantee specified in this Clause 1 which will be enforceable against the Selected Funeral Director by any and all of the Company, the Member and his/her Representatives in its/his/her own respective name(s) (without prejudice to the rights of any such parties to enforce the terms thereof pursuant to the Contracts (Rights of Third Parties) Act 1999). Subject to Clauses 1.5 and 4.2 of the Terms and Conditions the Selected Funeral Director undertakes and guarantees to (i) carry out the funeral of the Member in terms of the Funeral Plan and the Agreement; and (ii) (subject to Clauses 1.5, 2.2 and 2.5 of the Terms and Conditions) not charge the Member or the Member’s next of kin, executors, trustees or the Representative any additional sums in respect of the Funeral Director’s Costs.
- Subject to such Clauses 1.5 and 4.2, the Selected Funeral Director undertakes that he will carry out the funeral arrangements of the Member in accordance with the Agreement, will do so to the highest quality standards and will comply with such procedures as may be intimated in writing by the Company from time to time. The Selected Funeral Director hereby undertakes to free, relieve and indemnify and keep indemnified the Company and the Trust from and against all costs, claims, liabilities, losses or expenses (whether from or due to the Member, the Representative or any other person) arising from his failure to comply in any respect with these Funeral Director Terms and Conditions.
- Upon completion of the Member’s funeral arrangements the Selected Funeral Director will be entitled to payment from the Company and should invoice the Company for the sum intimated by the Company for the relevant Funeral Plan as at the date of the Member’s funeral subject (1) to the Selected Funeral Director having no recourse against the Company or the Trust in the event that the Adjusted Amount as confirmed by the Company from time to time or the sum so intimated by the Company (as appropriate) is lower than the relevant parts of the original Funeral Plan cost; and (2) to the Selected Funeral Director having no recourse against the Member or his/her Representative(s) except to the extent detailed in Clauses 1.5, 2.2 or 2.5 of the Terms and Conditions; and (3) to the Selected Funeral Director’s entitlement to obtain reimbursement for any difference between the amount of Third Party Costs as detailed on the Independent Way Application Form (as adjusted where provided in accordance with Clause 2.5 of the Terms and Conditions) and the actual level of Third Party Costs at the time the funeral arrangements of the Member are carried out.
- In the event of a change of Selected Funeral Director pursuant to the Terms and Conditions, the existing Selected Funeral Director undertakes to co-operate fully with the Company and the new Selected Funeral Director in the transfer of the Funeral Plan for the benefit and peace of mind of the Member and further agrees that the Company may provide all information it regards appropriate regarding the Funeral Plan to the new Selected Funeral Director.
- Definitions are contained in the Independent Way Terms & Conditions (“Terms and Conditions”) as current from time to time.