Terms and Conditions

Terms and Conditions last updated: 08 May 2024

Our Terms and Conditions

THESE CONDITIONS SET OUT THE TERMS AND CONDITIONS ON WHICH WE WILL SUPPLY FUNERAL SERVICES TO YOU. PLEASE READ THESE CONDITIONS CAREFULLY BEFORE YOU ACCEPT AN ESTIMATE FROM US. THESE CONDITIONS TELL YOU WHO WE ARE, HOW WE WILL PROVIDE THE SERVICES TO YOU, HOW YOU AND WE MAY CHANGE OR END OUR CONTRACT, WHAT TO DO IF THERE IS A PROBLEM AND OTHER IMPORTANT INFORMATION.

WE DRAW YOUR ATTENTION TO (I) THE RIGHT TO CANCEL IN CONDITION 8.1, AND (II) THE LIMITS TO OUR LIABILITY IN CONDITION 13.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

The following definitions and rules of interpretation apply to these Conditions.

Accepted Estimate has the meaning given in Condition 3.3.

Cancellation Notice: means a proforma cancellation notice in the form annexed to the Estimate and Confirmation Notice and these Conditions.

Ceremony Date: means the date of the funeral, Exhumation, Cremation, Direct Cremation or Memorial Service, or repatriation, as the case may be and detailed in the Estimate.

Charges: means the charges payable by you for the Services, being the fees and Disbursements incurred in the provision of the Services, as set out in the Accepted Estimate.

Commencement Date: means the date the Consumer accepts the Estimate, in accordance with Condition 3.3.

Company, or we: C.P.J. Field & Co. Limited which is a company registered in England and Wales, with company number 02998017 and whose registered office is Rampion House, Marchants Way, Burgess Hill, West Sussex, United Kingdom, RH15 8QY.

Conditions: these terms and conditions.

Connected Person: any of the Company’s directors, employees or agents.

Consumer, or you: the consumer purchasing Services from the Company, whose details are set out in the Estimate.

Consumer Default: has the meaning set out in Condition 5.2.

Contract: the contract between the Company and the Consumer, for the supply of Services, including these Conditions and the Accepted Estimate.

Cremation Notice: means a proforma notice in regard to cremation arrangements in the form provided to you.

Disbursements: has the meaning given in Condition 6.6.1.

DWP: means the Department of Work and Pensions.

Estimate: means the details of the Services we are providing to you, (which may include, but not limited to: the date and time, place of assembly, service, place of committal and any additional services in respect of such things as arrangements for the cremated remains), and our fee estimate for the relevant Services (including applicable Charges known at the time of the Estimate) in accordance with Condition 3.2.

Final Account: means the final invoice of all Charges and Disbursements incurred when providing Services to you.

Instructions: means instructing the Company to make specific arrangements;

NAFD: means the National Association of Funeral Directors; Nominated Third Party: means a third party nominated by you and may include such persons or organisations as a solicitor, accountant, bank, the DWP or whoever else may be administrating the deceased person’s estate.

Party: means the Consumer and the Company, who are party to the Contract.

Services: means any of the services we have agreed to provide to you, including, without limitation: Cremation; Direct Cremation; Exhumation; Full Service Funeral; Memorial Service; Monumental; Masonry; repatriation and Pre-paid Funerals. The meaning of these terms is given in the glossary provided to you and attached to our Estimate.

VAT: means Value Added Tax which is chargeable to you.

1.2 Interpretation:

1.2.1 References to “we”, “our” and “us” are to the Company.

1.2.2 References to “you” and “your” are to the Consumer.

1.2.3 A reference to any law is a reference to it as amended or re-enacted and includes all subordinate laws made under it.

1.2.4 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

1.2.5 Any words following the terms including, include, in particular, for example or any similar expression shall be illustrative and shall not limit the sense of the preceding words.

1.2.6 A reference to writing or written includes email.

2. DURATION OF THE CONTRACT

2.1 The Contract between the Parties shall commence on the Commencement Date and shall continue, unless terminated earlier in accordance with Condition 8, until we have provided the Services under the Accepted Estimate and you have paid all outstanding Charges due under the Contract.

3. ENTERING INTO A CONTRACT

3.1 We shall provide to you a written confirmation of your Instructions and the Estimate, which will clearly set out what is included in the Services.

3.2 The Estimate constitutes an offer by us to provide Services to you in accordance with these Conditions and your Instructions. Should you find that any information in the Estimate provided by us is incorrect, please notify us as soon as possible so that we can revise and reissue the Estimate, if required.

3.3 The Estimate shall only be accepted when we receive written acceptance from you confirming that you accept the Estimate and/ or wish to proceed with the provision of the Services (through signing of the form provided to you, by email, over the telephone or otherwise), at which point the Estimate will be deemed to be an Accepted Estimate. Should you wish the Services to start prior to the 14 day cancellation period, as referred to in Condition 8.1.1, you must sign and return the “Request to start performing the Services” form at the end of the Conditions, or otherwise confirm to us that you wish the Services to start (including by email), which once received, will also amount to an Accepted Estimate.

3.4 We may amend or withdraw the Estimate at any time prior to it being accepted or deemed to be an Accepted Estimate.

3.5 The Accepted Estimate and these Conditions form the Contract and no amendment shall be made to the Contract except in accordance with Condition 16.1.

3.6 If you amend your Instructions in accordance with Condition 16.1, we shall inform you of any possible changes to the Estimate.

3.7 If you choose any type of cremation you will need to complete a Cremation Notice in the form provided to you.

4. OUR OBLIGATIONS

4.1 We will supply the Services detailed in any Accepted Estimate, to you, in accordance with these Conditions. Any previous description of the Services, or any advertising materials issued by us are for the purpose of giving an approximate indication of the Services and they shall not form part of the Contract.

4.2 We shall use all reasonable endeavours to meet any performance dates specified in an Accepted Estimate, but such dates shall be estimates only.

4.3 We shall provide the Services listed in any Accepted Estimate to you, using reasonable care and skill.

5. YOUR OBLIGATIONS

5.1 You shall:

5.1.1 ensure that all information you provide to us in relation to the Contract is complete and accurate to the best of your knowledge;

5.1.2 cooperate with us in all matters relating to the Services and the Contract;

5.1.3 provide us with all information and materials that we may reasonably require in order to supply the Services, and you shall ensure that such information is complete and accurate; and

5.1.4 if relevant, comply with any additional obligations set out in the Accepted Estimate.

5.2 If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation under the Contract this shall be deemed to be a Consumer Default. Should a Consumer Default occur:

5.2.1 without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of the Services until you rectify the Consumer Default, and to rely on the Consumer Default to relieve it from the performance of any of our obligations in each case to the extent the Consumer Default prevents or delays the performance of any of our obligations;

5.2.2 we shall not be liable for any costs or losses sustained or incurred by you, or any third party, arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this Condition 5.2; and

5.2.3 you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Consumer Default.

6. CHARGES AND PAYMENT

6.1 In consideration of the provision of the Services by us, when you accept the Estimate you shall pay the Charges, and any fees or disbursements outstanding as per the Final Account (where applicable), in accordance with this clause 6 and/or as detailed in the Accepted Estimate.

6.2 Payment

6.2.1 We require payment of the Charges in full detailed in the Estimate to have cleared not less than twenty four (24) hours prior to the Ceremony Date. Please note that certain Services (including, but not limited to, direct cremations or no ceremony funerals) will require full payment in advance in accordance with the Accepted Estimate.

6.2.2 We will produce the Final Account and send a copy to you as soon as reasonably practical after the Ceremony Date. The Final Account details all applicable Charges for Services provided and disbursements (except those payable by a pre-payment fund or funded plan) and records any payments already received and any loyalty or affinity discounts (if applicable). The Final Account will generally reflect the amounts due under an Accepted Estimate, however please note that a Final Account may be more than the amounts detailed in the Accepted Estimate where there are changes made to the funeral arrangements following the Accepted Estimate (including, but not limited to, change in type of coffin or burial location, choice of vehicle type for carrying coffin to the funeral site or additional transport requirements, change from burial to cremation (or vice versa), use of additional venues (e.g., churches as well as crematoriums), changes in notices to place in newspapers, etc. The balance shown in the Final Account is due within twenty eight (28) days of the date of the Final Account.

6.2.3 You will be personally liable for payment of the Charges and any payment required under the Final Account. If you forward the Final Account to another person, this will not discharge your liability to make payment of all and any Charges or disbursements listed in the Final Account.

6.2.4 We will forward our Final Account to a Nominated Third Party, when so instructed by you.

6.2.5 Where settlement of the Final Account has been referred by you to a Nominated Third Party, the Final Account will be sent as soon as practicable to the Nominated Third Party. A copy of the Final Account will be sent to you for your records.

6.2.6 You also remain liable for any outstanding balance due to us which is not discharged by your Nominated Third Party or is outside of the limits of a pre-payment funeral plan or funded plan (where applicable).

6.2.7 Where settlement of the Final Account is by an interest free credit agreement, between us and a finance house offering interest free credit, the Final Account will be submitted as soon as practicable direct to the finance house for settlement.

6.3 Where you have received an estimate of the anticipated DWP Social Fund Funeral Expenses Payment (the “SFFEP”), on the basis of the information provided by you to the DWP, we are not responsible for any difference between the actual and anticipated SFFEP, or whether you meet any eligibility criteria for payment of a SFFEP. If you receive less SFFEP than you anticipate, or where the SFFEP payment made to you otherwise does not cover the cost of the funeral arrangements and Services that we have arranged for you, you remain responsible for the difference, which shall be payable to us in accordance with clause 6.2.

6.4 Where you have received an estimate of an anticipated payment to be made under the Child Funeral Fund, then we would only charge any difference in what you receive from the Child Funeral Fund and Charges due for Services provided where the Child Funeral Fund has not covered the cost towards a coffin. We have a policy of not charging our professional fees or for provision of a vehicle to transport a deceased person to the place of committal or for collection of a deceased body, for funerals where the deceased person is under the age of 16. Where the required arrangements for such a funeral are over and above our standard package, then you would remain responsible for the difference, which shall be payable to us in accordance with clause 6.2. Please note that the Child Funeral fund may be able to provide some additional assistance to families to a total value of burial or cremation, depending on eligibility criteria being met.

6.5 We retain the title to all goods supplied and rights obtained from third parties until such time as it receives payment in full of the Final Account.

6.6 Disbursements

6.6.1 We charge separately for additional expenses that we incur in the provision of the Services (“Disbursements”). Disbursements paid for on your behalf will be charged at cost plus VAT (if applicable).

6.6.2 In circumstances where Disbursements may not be known in advance of the Ceremony Date, we shall give a best estimate of such Disbursements in the Estimate. The actual amount of such disbursements shall be detailed and shown in the Final Account.

6.6.3 You authorise us to incur such Disbursements as it considers necessary to comply with your Instructions.

6.7 VAT

6.7.1 All Charges and Disbursements will be subject to VAT (or exempt from VAT) in accordance with VAT regulations.

6.8 Overdue accounts

6.8.1 Payment is due in accordance with our standard payment terms as set out in Condition 6.2

6.8.2 In the event that payment remains outstanding twentyeight (28) days from the date of the Final Account, we will charge interest on a rate of 1.5% a year above the Bank of England base rate from time to time, and compounded on the first day of each month. This interest accrues on a daily basis from the due date until the actual date of payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

6.9 Funds held on account

6.9.1 If we hold money on your behalf or where any other amount is due to you, we reserve the right to set off this money towards payment or part payment of any monies due to us. We will advise you if this is being done.

7. UNFORESEEN CIRCUMSTANCES

7.1 Where events occur which are beyond our reasonable control and result in a delay in our performance of the Services or a failure by us to perform any part of the Services:

7.1.1 we will notify you within as soon as reasonably possible once we are aware of the delay or failure;

7.1.2 we will take all reasonable steps to minimise the impact of any delay or failure to perform, where possible; and

7.1.3 you agree that we will not be in breach of the Contract or liable for any delay in performing, or failure to perform, any of our obligations under the Contract if such delay or failure result from events, circumstances or causes beyond our reasonable control.

8. TERMINATION

8.1 Your right to cancel

8.1.1 You have a right to cancel the Contract without giving any reason within fourteen (14) days of entering into the Contract with us. However, if the Services have been fully performed, i.e. completed, the Contract cannot be cancelled.

8.1.2 In order to exercise your right to cancel, you must inform us of your decision by a clear statement (i.e. a telephone call, letter sent by post, or email), prior to the end of the 14 day period. You may use the attached “Cancellation Notice” at the end of these Conditions, but you do not have to. However you elect to notify us, you are advised to obtain proof that you have informed us.

8.2 Our right to cancel

8.2.1 We may cancel the Contract at any time on written notice to you, should you fail to honour your obligations under the Contract or fail to pay any amount due to us within the timescales specified in the Contract.

9. CONSEQUENCES OF TERMINATION

9.1 If you cancel the Contract, we will reimburse you all that you have paid us, subject to the certain possible deductions: (i) payment of any of the Charges; and (ii) any Disbursements already incurred on your behalf, for any Services that we have already provided up to the point when you notify us of your decision to cancel.

9.2 Any reimbursement to be made to you will be made without undue delay and not later than fourteen (14) days after we have received the cancellation notice. We will make the reimbursement using the same means of payment you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

9.3 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

9.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

10. BEREAVEMENT REGISTER

We may pass the details of the deceased to the Bereavement Register to remove the name and address from certain data bases and mailing files to assist in preventing unsolicited direct mail and identity fraud. Please advise us in writing if you do not require us to notify the Bereavement Register.

11. PERSONAL INFORMATION

11.1 We will keep information that you supply to us in strict confidence unless you instruct us to disclose that information or it is already in the public domain or if we, in good faith, consider disclosure to be required by law or the rules of any government, regulatory or professional body.

11.2 We will process your personal data in accordance with our Privacy Policy, a copy of which is available at www.cpjfield.co.uk/privacypolicy.

12. AUTHORISATIONS

Our services are subject to the rules and regulations of the NAFD in force from time to time.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us whilst you were instructing us.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services, as set out under the Consumer Rights Act 2015.

13.3 We will take all reasonable steps to ensure that valuables received with the deceased are taken care of, but unless it is due to our negligence, we do not accept responsibility or liability for any act or omission in relation to valuables.

14. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 You will indemnify us and any Connected Persons from any losses, claims, demands, damages, costs, charges, expenses or liabilities (or actions, investigations or other proceedings in respect thereof) (a “Claim”) which we (or any such Connected Person) may suffer or incur or which may be made against us or such Connected Person relating to or arising directly or indirectly out of or in connection with the Contract or following any breach by you of any of your obligations under this Contract.

14.2 This means that you are liable to us for losses we incur because you do not comply with these Conditions. 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 from you the fees we incur. 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.

14.3 The indemnity in sub clause 14.1 shall not, however, apply to the extent that the relevant Claim resulted primarily from our negligence or default or that of any of the Connected Persons.

15. COMPLAINTS AND SERVICE

15.1 We will comply with the NAFD’s Funeral Director Code, whilst we remain a member of the NAFD, and the terms of the NAFD Resolve (the NAFD’s independent dispute resolution service).

15.2 We are confident that we will provide a high quality service in all respects. However, if you have any queries or concerns about the Services, please contact us – our contact details are below at Condition 16.6.

15.3 If the complaint cannot be resolved then you can refer your complaint to NAFD Resolve.

15.4 As a member of the NAFD, we are obliged to co-operate with the NAFD’s complaints and dispute’s procedure, including NAFD Resolve. We would also be obliged to abide by the decisions of the independent dispute resolution service provided by NAFD.

15.5 A copy of the NAFD’s Funeral Director Code will be supplied by us upon request or alternatively can be viewed on the NAFD website at www.nafd.org.uk.

16. GENERAL

16.1 Changing the contract

Except as set out in these Conditions, neither Party may change the Contract unless we both agree to such change in writing, and it is signed by you and us.

16.2 Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

16.3 Effect of the Contract

In the event that any provision of the Contract becomes invalid, illegal or unenforceable, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.4 No one else has any rights under the Contract

No other person shall have any right to enforce any of the terms of the Contract between us, except as expressly set out in these Conditions. Neither Party will need to get the agreement of any other person to end the Contract, or make any changes to it.

16.5 Transferring the Contract

We may transfer the Contract, or our rights and obligations under it, to someone else. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.

16.6 Notices

Any notice or other communication you send to us under or in connection with the Contract shall be in writing and shall be delivered by post or email, to:

C.P.J. Field & Co. Limited
Address: Rampion House, Marchants Way, Burgess Hill,
West Sussex, United Kingdom, RH15 8QY
Telephone number: 01444 230 430
Email: info@cpjfield.co.uk

16.7 Which laws apply to the Contract and where you may bring legal proceedings

These Conditions and the Contract with you are governed by English law and you can bring legal proceedings in respect of the Services in the English Courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.