Place your trust in us and we will deal with every aspect of your loved one's funeral from beginning to end.

Terms of Business for James Carcary Funeral Directors, 104-106 Canal Street Perth PH2 8HX (Tel.01738 633285) Sole Trader.

Including, Derek Wittmann Family Funeral Directors, Burnside Funeral Home, Aberfeldy PH15 2AU (Tel. 01887 44.0307)

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1. Estimates and Expenses

The estimate is an indication of the charges likely to be incurred on the basis of the information and details I know at the date of estimate. While I make every effort to ensure the accuracy of the estimate, the charges are liable to alteration particularly where third parties change their rates or charges.

I may not know the amount of third party charges in advance of the funeral, however we will give you a best estimate of such charges on the written estimate. The actual amount of the charges will be detailed and shown in the final account.

If you amend your instructions, I will require your written confirmation of the changes. I may need to make an extra charge in accordance with prices published in my current price list.

Where applicable, VAT is included within certain third party charges, and at the rate applicable when I prepare the invoice.

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   2, Payment Arrangements

The final balance is due for payment within 14 days of our account, unless otherwise agreed by us in writing.

The final account is sent to you two weeks after the funeral.

The Simple Funeral, Direct Cremation and Direct Burial options must be paid in full 3 working days before the funeral.

If you fail to pay me in full on the due date I may charge you interest;

–            at a rate of 4% above our Bank’s base rate from time to time in force;

–            calculated (on a daily basis) from the date of our account until payment;

–            compounded on the first day of each month; and

–            before and after any judgment (unless a court orders otherwise).

I may recover (under clause 3) the cost of taking legal action to make you pay.

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   3, Indemnity

You are to indemnify me in full and hold me harmless from all expenses and liabilities I 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.

This means that you are liable to me for losses I incur because you do not comply with these terms, for example I will charge you an administration fee where I receive a cheque from you which is subsequently not honoured or if I write to remind you that an account is overdue. If I instruct debt collection agents I may also recover the fees I incur from you. Further details regarding these fees are available on request. I may claim those losses from you at any time and if I have to take legal action I will ask the court to make you pay my legal costs.

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   4, Data Protection

Words shown in italics are defined in the General Data Protection Regulations 2018 (“the Regulations”).

I respect the confidential nature of the information given to me, and where you provide me with personal data I will ensure that the data will be held securely, in confidence and processed for the purpose of carrying out my services unless you give me your express permission for use in my marketing. In order to provide my services I may need to pass such data to third parties and those third parties, who are performing some of the services for you, may contact you directly. I will not pass your details to third parties for marketing purposes whatsoever.

Under the Regulations you have the right to know what data I hold on you and you can, by applying to me in writing and paying a fee, receive copies of that data. When you sign the acceptance you are giving me permission to keep your details on record.

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Our Privacy Policy is available on request.

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   5, Cooling-Off Period

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may give you the right to terminate this agreement in the cooling-off period of fourteen days. If you wish the performance of the agreement to which this right applies to commence before the end of the cooling-off period, you must sign the authority in the form which will be handed to you. In the event that you exercise the right to cancel this contract during the cooling-off period, you will be required to pay a reasonable amount for goods and services already supplied.

   6, Termination

This agreement may also be terminated before the services are delivered: (1) by me if you fail to honour your obligations under these Terms and (2) by you communicating to me in writing, terminating your instructions.

If I or you terminate your instructions you may, depending upon the reasons for terminations, be asked to pay a reasonable amount based upon the work carried out up to the time your termination is received.

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   7, Conduct

I am a member of The National Society of Allied & Independent Funeral Directors “SAIF” a private limited company by guarantee with registered number 02436831, having its registered address at SAIF Business Centre, 3 Bullfields, Sawbridgeworth, Hertfordshire, CM21 9DB, and subscribe to its current Code of Practice, a copy of which is available upon request. I aim to act in a professional manner and provide a courteous, sensitive, and dignified service to you.

If however, you have any questions or concerns about the service I provide to you, then please raise them in the first instance with the funeral director. If that does not resolve the problem to your satisfaction SAIF provides a dispute resolution service. They can be contacted by completing their complaints form which is available by either visiting the SAIF website, by email to standards@saif.org.uk or by phone 0345 230 6777.

All dates and times provided on the estimate cannot be guaranteed until final bookings are made and confirmed. Although I endeavour to provide a prompt and efficient service for you, there may be instances where, because of circumstances beyond my control, I am unable to fulfil my obligations to you on the date or time specified. Where this is the case I will attempt to contact you in advance, and advise you of alternative arrangements.

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   8, Agreement

Your continuing instructions will amount to your continuing acceptance of these Terms of Business.

Your instructions will not create any right enforceable by virtue of The Contract (Third Party Rights) (Scotland) Act 2017.

 by any person not identified as our client.

If any of these terms are unenforceable as drafted:

–            it will not affect the enforceability of any other of these Terms; and

–            if it would be enforceable if amended, it will be treated as so amended. Nothing in these terms restricts or limits my liability for death or personal injury.

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This agreement is subject to Scots Law. If you decide to commence legal action, you may do so, in any appropriate Scottish Court.