TERMS OF BUSINESS

AW Blair and Sons is a Member of the National Association of Funeral Directors and subscribes to the current NAFD code of practice, a copy of which is available on request. We aim to act in a professional manner and provide a courteous, sensitive and dignified service to you.

GENERAL

In normal circumstances, executors will be responsible for the payment of the Funeral Account, even where services have been requested by a further party. In the event that no executors are appointed, the party instructing the Funeral Director to act will be responsible for the payment of the Funeral Account. This does not always mean the next of kin.
In some circumstances, the Department of Work and Pensions (DWP) may contribute to the cost of the funeral. It is the policy of the Funeral Director to ensure that all information about DWP claims and Government assistance given by its representatives is up to date, true and accurate. However, rules and guidelines are changed without reference to the Funeral Director, therefore, all information should be treated as general advice. For confirmation, please always contact the Agency concerned.

The Funeral Director reserves the right to request payment of any Funeral Director's charges and/or Third Party Payments or Disbursements (e.g. cemetery/crematorium charges, floral tributes, press notices etc.) in advance of the funeral.

ESTIMATES AND EXPENSES

You will be provided with a written estimate which is an indication of the charges likely to be incurred on the basis of the information and details we know at the time of the estimate. While we 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.

We 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 on the Funeral Account.

PAYMENT ARRANGEMENTS

The Funeral Account is due for payment within 28 days of our account, unless otherwise agreed by us in writing. If you fail to pay us in full on the due date we may charge you interest:

1. At a rate of 4% per annum above our bank's base rate from time to time in force;
2. Calculated (on a daily basis) from the date of our account until payment;
3. Compounded on the first day of each month; and
4. Before and after any Judgement (unless a court orders otherwise).

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

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.

This means that you are liable to us for losses we incur because you do not comply with these terms. 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. 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.

DATA PROTECTION

Words shown in italics are defined in the Data Protection Act 1998 ("The Act"). We respect the confidential nature of the information given to us, and where you provide us with personal data ("data") we will ensure that the data will be held securely, in confidence and processed for the purpose of our carrying out our services. In order to provide our services we 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. Under the Act you have the right to know what data we hold on you and you can, by applying to us in writing and paying a fee, receive copies of that data.

TERMINATION/CANCELLATION

We reserve the right to terminate our services if you fail to honour your obligations under these terms. We are under no obligation to accept your termination until we receive your instruction in writing.

If you terminate your instructions or if we decide to terminate our services, you will be invoiced for all third party charges which we have paid or are committed to paying. We also reserve the right to charge a reasonable percentage of the fees agreed with you for the provision of our services based upon the amount of work we have carried out up to receipt of the termination of your instructions. For Cancellation of Contracts made in a Consumer's Home, Place of Work or home of another individual, specific rights apply please refer to notice of right to cancel.

STANDARDS OF SERVICE

The Code of Practice of the National Association of Funeral Directors requires that we provide a high quality service in all aspects. If you have any questions or concerns about the service that we provide to you, please raise them in the first instance with our designated senior person. All complaints must be made in writing to the designated senior person within one month of the funeral date.

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 Contracts Rights of Third Parties Act 1999) by any person not identified as our client. If any of these terms are unenforceable as drafted:

1. It will not affect the enforceability of any other of these terms.
2. If it would be enforceable if amended, it will be treated as so amended. Nothing in these Terms restricts or limits our liability for death or personal injury.

PROPER LAW AND JURISDICTION

The agreement shall be governed by and construed in accordance with Scottish Law.