TERMS AND CONDITIONS
Frank S. McLean & Son, are a member of the The National Society
of Allied & Independent Funeral Directors and subscribe
to its current Code of Practice. 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 any 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.
CHARGES OF OUR SERVICE – Professional Services
Taking care of all necessary legal and administrative arrangements. Collecting and transporting the deceased person from the place of death (within a 30 miles radius of our premises) into our care.
Care of the deceased person, hygienic treatment if authorised by the signing of the contract, unless it is
deemed necessary to preserve the deceased, before the funeral in appropriate facilities.
The deceased will be kept at Holmhill, Station Road, Keith. AB55 5DR or at a branch of your choosing.
At a date and time you agree with the funeral director, taking the deceased person direct to the agreed
cemetery or crematorium (within 30 miles of our premises) in a hearse or other appropriate vehicle. In some circumstances you may also be required to pay additional fees if we have to store the deceased. After 14 days following the date you first instruct us to provide the Service (other than because of a delay caused by us) we may charge you the sum of £35 for each additional day of storage of the deceased.
Return of Ashes will take place within 4 weeks of the date of being notified. If after another 4 weeks we are unable to contact the Authorising Person, either by Email, Phone or text, the Ashes will be returned to the Crematorium of cremation. If we are required to store the Ashes beyond the 8 week period, by the Authorising person, we can charge the figure of £35 per calendar month for storage.
COOLING OFF PERIOD
You have the right to cancel this Agreement within fourteen (14) days.
If you wish to cancel this Agreement, this right can be exercised by notifying us within the Cooling Off Period,
using the postal address or email address or telephone number set out below.
Should you wish to exercise this right, you will be required to pay for the goods and services already
supplied by us. By contacting us (by whatever means, including via the website, email or by telephone) and
requesting the Services, you give us authority to carry out the Services and you acknowledge and accept that
we may begin performing the Services before the end of the Cooling Off Period.
TERMINATION
This agreement may also be terminated before the services are delivered;
- By us, if you fail to honour your obligations under these terms, and
- By you, communicating to us in writing, email or telephone 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.
COMPLAINTS PROCEDURE
If you decide to make a formal complaint you can do so in the following way:-
a. Telephone:- Nicola McLean, 01542 882899
b. Email:- ask@fsmclean.co.uk REF. COMPLAINT
c. Writing:- Nicola McLean, Director “Holmhill”, 4 Station Road, Keith. Moray AB55 5DR
Once a complaint is received we will acknowledge its arrival within 3 working days
Based on the level of complaint, we will endeavour to respond as quickly as possible to the best of our ability
and to do so within 14 working days.
If it is a complex complaint involving others outside our direct employ it may take a little longer than the stated
time period above. Our response to your complaint will be in writing.
If you are dissatisfied with the response from us you can take the matter further to The National Society
of Allied & Independent Funeral Directors
Regulations 2015. In Scotland where a complaint relates to the care of the deceased, the funeral
director must inform the Government’s inspectors within 48 hours.
In Scotland a customer may raise a complaint with the Scottish Government Inspectors for Burial,
Cremation and Funeral Directors.
STANDARDS OF BUSINESS
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 alternative arrangements.
AGREEMENT
Your continuing instructions will amount to your continuing acceptance of this agreement.
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;
- 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 our liability for death or personal injury.
This agreement is subject to Scottish Law.
CONTACT INFORMATION
F.S. McLean and Son Ltd. Holmhill, 4 Station Road, Keith. AB55 5DR
Telephone 01542 882899 – Email ask@fsmclean.co.uk – www.fsmclean.co.uk
Terms and Conditions 19/03/2024