Frank S. McLean & Son Ltd

Funeral Directors & Monumental Masons

Three Moray locations for your convenience

4 Station Road, Keith. AB55 5DR           72 East Church Street, Buckie. AB56 1LQ          20 High Street, Aberlour. AB38 9QD

01542 882 899                                                   01542 833 488                                                   01340 871 001

24 hour Tel. No. 01542 882899

TERMS OF BUSINESS

Frank S. McLean & Son, are a member of the National Association of Funeral Directors and subscribe

to its current Code of Practice, a copy of which is printed at the front of this booklet.  

We aim to behave in a professional and courteous manner providing a dignified and sensitive

service to you.


ESTIMATES AND EXPENSES

Our estimate sets out the services we agree to supply and is an indication of the charges likely to be

incurred on the basis of the information and details we know at the date of the estimate.

Charges are liable to alteration particularly where third party disbursement charges are concerned.

We may not know the cost of disbursement charges in advance of the funeral however,

we strive to give a “best estimate” of such charges and these will be fully detailed on our final account.  

Should you wish to change your instructions, we require confirmation of the same and this may reflect

in a change of the estimated cost.

VAT will be added to our charges where applicable at the current rate.

The funeral account is due for payment within two months, unless otherwise agreed by us.

In the event of this account not being paid within two months of issue of the invoice,

we reserve the right to add interest from the date of the invoice at the rate of 2% per month.


INDEMNITY

You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur

both directly and indirectly, including financing costs and 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 for losses incurred by us.

For example, we will charge you an administration fee should we receive a cheque which is not

honoured by your bank, if we write to you advising that your account is overdue or if we instruct

a debt collection agency to recover monies on our behalf.

We may claim these losses at any time and should legal action be necessary, we will ask the Court

to ensure you pay our legal costs.


DATA PROTECTION

We respect the confidential nature of the information given to us and where personal data is provided,

we will ensure that this information is kept confidential and is securely held and processed only

for the purpose of providing our services.

Process your payment of the Fees

In order to provide our services we may however need to pass such data to third parties

and as such those third parties may contact you directly.

We will not contact you regarding other service we provide unless you authorise us to do so.

You can opt out of this at any time in the future.

Under the Data Protection Act, 2018, you have the right to know what data we hold on you and you

can apply to us in writing in order to receive said data for a fee.


COOLING OFF PERIOD

The Cancellation of Consumer Contracts made in the Consumers Home or Place of Work etc.

Regulations, 2014, may give you the right to terminate the agreement in the cooling off period

of fourteen days.  Should you wish to exercise this right, you will be required to pay for the

goods and services already supplied by us.


TERMINATION

This agreement may also be terminated before the services are delivered;

1. By us if you fail to honour your obligations under these terms, and

2. By you, communicating to us in writing, terminating your instructions.

If we or you terminate your instructions you may, depending on the reason for termination,

be asked to pay a reasonable amount based on the work carried out up to the time your termination

is received.


STANDARDS OF BUSINESS

The National Association of Funeral Directors Code of Practice requires that we provide a high

quality of service in all aspects.  If you have any questions or concerns about the services we provide,

please contact us directly in the first instance where we will endeavour to resolve any issue.

Should we fail to come to agreement on a problem, the Funeral Arbitration Scheme (FAS) provides

a low cost dispute resolution service as an alternative to Legal Action.

You can contact the FAS at 618 Warwick Road, Solihull, West Midlands B91 1AA.  

The FAS is explained in the leaflet entitled “Your right to put it right” available to you and on display

in our offices.

The FAS provides independent conciliation and arbitration through IDRS Ltd, a subsidiary of the

Chartered Institute of Arbitrators.


Dates and times provided on the estimate cannot be guaranteed until final bookings are made

and confirmed.  

We will endeavour to provide a prompt and efficient service to you however there may be

instances and circumstances out of our control where we are unable to fulfil our obligation on the

date or time specified.  Where this is the case, we will attempt to contact you as soon as possible

and advise you of alternate arrangements.


AGREEMENT

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

Your instructions do not create any right enforceable 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, and

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.

 

This agreement is subject to Scottish Law.


Updated 25/05/2018