Terms of Business | Pre-Paid Funeral Plan
Pure Cremation Group Ltd – Terms of Business | Pre-Paid Funeral Plan
1.1 In these Terms & Conditions certain words and phrases shall have the meanings set out in clause 8.7.
1.2 Headings are included for convenience only and shall not affect the interpretation of the clauses.
1.3 Words importing any gender include every gender.
2 The Member’s or Purchaser’s application and right to cancel
2.1 The Member’s or Purchaser’s submission of the Application Form together with cheque for the Initial Payment constitutes an offer to Pure Cremation Funeral Planning Ltd (PCFP) made in accordance with these clauses, and PCFP shall only be bound if the application is accepted by or on behalf of PCFP in writing.
2.2 The Member or Purchaser has the right to withdraw his application and/or to cancel the Agreement by sending or taking a WRITTEN notice of cancellation to PCFP at 4 & 5 The Galloway Centre, Hambridge Lane, Newbury, Berkshire, RG14 5TL or by email to [email protected] within a period of 14 days following the date on which the application form is received by PCFP (“the Cancellation Period”). In the event of such withdrawal or cancellation (or if the application is not accepted), PCFP will refund in full the Initial Payment and the Member or Purchaser will not have to make any further Payment(s).
2.3 The Agreement together with the Entitlement Statement constitutes the entire agreement between the Member or Purchaser and PCFP covering the supply of Services and no variation or waiver or addition to the Agreement shall be binding on PCFP unless expressly agreed in writing by a director of PCFP.
3 PCFP’s Obligations
3.1 In consideration of the Member or Purchaser making the Payment(s) to PCFP in accordance with clause 4.1, PCFP will procure the supply of the Services by Pure Cremation Ltd to the agreed standard.
3.2 PCFP reserves the right to make changes to the specification of the Services specified where such changes do not materially affect those Services and only where such changes represent equal or better value for money.
3.3 At the time of applying to purchase the Funeral Plan you are agreeing to Pure Cremation Ltd carrying out the funeral for you and you acknowledge and agree that PCFP has discretion to select an alternative funeral director if Pure Cremation Ltd is unable or unwilling to provide the Services.
3.4 The Initial Payment will be paid into a client account designated as such with a bank or building society in the name of PCFP, as nominee for the Member or Purchaser, and retained in such account pending expiry of the Cancellation Period.
3.5 Unless the Member or Purchaser gives notice of withdrawal or cancellation or the application is not accepted then PCFP will transfer to the Trustees (or as the Trustees may direct) the Payments (to include the Initial Payment(s)) less the Administration Fee (which PCFP shall retain) following the expiry of the Cancellation Period less VAT (if any is then payable in respect of the same).
The Member hereby assigns with full title guarantee such Payment(s) made by him or the Purchaser on his behalf (less the Administration Fee which PCFP shall retain) to the Trustees (or as the Trustees may direct) and authorises and directs PCFP to take whatever action is required to effect that assignment to include, without limitation, signing any bank documents or other documents required to perfect such assignment. This assignment, authorisation and direction shall continue to apply where the Trust Fund is wound up and resettled as referenced at clause 6.1.
3.6 PCFP will issue to the Member and/or the Purchaser, the Member’s membership details together with an Entitlement Statement confirming entitlement by the Member to the Services, within a period of 21 days following the date on which the application form is received by PFCP and where the Member or Purchaser does not withdraw his application and/or cancel the Agreement.
3.7 PCFP shall endeavour to ensure that:
3.7.1 the Trust is properly administered and that its investments are managed in accordance with the Trust and any applicable statutory provisions;
3.7.2 a majority in number of the Trustees are persons independent of and not in any way connected with Pure Cremation Ltd and PCFP;
3.7.3 the Trustees make summaries of the Trustees’ and fund managers’ annual reports available for inspection by the Member during normal business hours at the address of PCFP specified at clauses 8.1 below; and
3.7.4 the Trustees pay PCFP for the Services promptly and PCFP pay Pure Cremation Ltd.
3.8 PCFP undertakes to provide the Trustees promptly with full details of all Agreements entered into with the Member or Purchasers and such other information as the Trustees may from time to time reasonably request in connection with their administration of the Trust.
3.9 PCFP shall issue the Member with the Funeral Plan documentation and provide a copy to the Purchaser.
3.10 In performing their obligations under this agreement, PCFP shall comply with all applicable laws, statutes and regulations.
3.11 PCFP shall maintain complete confidentiality about the Member arrangements at all times, except as properly required for the administration of the Funeral Plan or to comply with any statutory, regulatory or other legal obligation.
3.12 PCFP shall have no financial obligation to make up any shortfall in the actual funeral cost required to fulfil the Funeral Plan in circumstances where the Member has died without completing the payment instalments, and/or where the Disbursements are higher than anticipated.
4.1 In consideration of the Services to be procured by PCFP under the Agreement and supplied by Pure Cremation Ltd, the Member or Purchaser (where applicable) agrees to make the Payment(s) to PCFP promptly and, in the case of instalments, in accordance with the payment requirements set out in the Application Form.
4.2 If the Member or Purchaser (where applicable) dies before all Payments have been made in full, PCFP reserves the right not to procure the supply of the Services unless it receives assurances in terms reasonably satisfactory to it from the Member’s Representative that all unpaid Payment(s) and interest thereon will be paid to PCFP in full.
4.3 PCFP reserves the right to charge for
4.3.1 any services requested after the date of this Agreement by the Member or Purchaser or the Member’s Representative over and beyond the Services
4.3.2 any increase in third party disbursements which may be incurred where the cost of the disbursement listed in the Application Form increases above inflation and the Plan Holder’s Fund is insufficient to pay the disbursement – such charge shall be limited to the difference in value.
4.4 All sums due by the Member or Purchaser (where applicable) which are not paid by the due date shall (without prejudice to the rights of PCFP under this Agreement) bear interest from day to day at the annual rate of 3% over the daily base lending rate of HSBC which interest PCFP shall be entitled to retain.
4.5 So far as the Member and Purchaser are aware, the Member has not established or transferred any assets into any inheritance tax planning trust and has sought its own tax advice in this regard. Should the Member or Purchaser expose the Trustees to undeclared inheritance tax liabilities, any such liabilities shall be for the account of the Member’s estate and heirs and the Member and Purchaser shall jointly and severally indemnify the Trustees against the amount of such tax liability.
5 Change of Address
5.1 The Member or Member’s Representative will notify PCFP in writing, at the earliest opportunity, of any information required to comply with the Member’s wishes, such as change of address or person authorised to collect ashes.
5.2 The Member or Member’s Representative shall advise next-of-kin, or whoever will be responsible at the time of the funeral, that the Funeral Plan has been purchased and give him or her the simple instructions about what to do at the time, which will be included with the Funeral Plan documentation.
5.3 The Member or Member’s Representative shall keep the Funeral Plan documentation safe and make sure that the next-of-kin, representative or executor has access to it when necessary. Further copies are available for a small charge (details available on request).
5.4 If the change of address of the Member or Purchaser renders it impractical for PCFP to procure the supply of the Services at all or without incurring significant additional costs and expenses over and above the rate of increase in the retail prices index then PCFP shall endeavour to procure that the Trustees make payment to PCFP under the Trust and PCFP shall then either:
5.4.1 transfer to another funeral plan scheme or funeral director stipulated by the Member or the Member’s Representative in writing; or
5.4.2 in the absence of such stipulation, or if for any reason such transfer is unlawful, pay to the Member or, if the Member has died, the Member’s Representative an amount of the Trust Fund as stated in clause 5.5 less (in the case of clause 5.5.2) the amount of any unpaid Payment(s) and following the making of a payment under this clause PCFP shall be under no obligation to procure or supply the Services or make further payment to the Member.
5.5 The amount of any payment under clause 5.4 shall (subject to the deduction of any expenses properly payable under it) be an amount equal to:
5.5.1 the Payment(s) made by the Member or Purchaser to PCFP (less the Administration Fee); or
5.5.2 (if lower) the sum charged by the other Funeral Director selected by the Member or the Member’s Representative (pursuant to clause 5.4.1 above) for supplying the Services as at the date of such payment.
5.6 If the Funeral Plan has not been used by the date 20 years from the date the agreement was formed, PCFP shall attempt to make contact with the Member or any Member’s Representative of whom PCFP is aware. If PCFP is unable to reach such Member or Member’s Representative it shall undertake a search for such persons. In this case, PCFP shall be entitled to deduct the reasonable costs of the search from the funds then being held by the Trust for the Funeral Plan. If PCFP cannot find such person(s), such funds shall remain in the Trust until such date as the Member would have reached the age of 120 years, after which time the Trustees shall be able to make a decision about their distribution in accordance with the Trust.
6 Winding up of Trust Fund
6.1 The Trust Fund may be wound up, subject to and in accordance with, the terms of the Trust. At the expiry of 125 years from the establishment of the Trust, or such earlier period that the Trustees deem appropriate, PCFP may re-settle the Trust Fund into a new trust with the same trustees as the then current trustees of the expired or earlier terminated trust, on the same or similar terms as the expired or earlier terminated trust in so far as reasonably possible.
6.2 A copy of the Trust deed is available for inspection by the Member or Purchaser at the address specified at clause 8.1 below during normal business hours.
7 Liability and complaints – THIS CLAUSE IS IMPORTANT AND BROUGHT TO YOUR ATTENTION
7.1 If you have a complaint, please contact PCFP in the first instance and we will endeavour to resolve the matter. If your complaint cannot be resolved by PCFP you should seek advice from the Citizen’s Advice Bureau or your solicitor.
7.2 PCFP is responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this 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 during the sales process. PCFP’s liability shall be limited to the sum of payments received towards the Total Plan Cost.
7.3 PCFP does not exclude or limit in any way its 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 products supplied; and for defective products under the Consumer Protection Act 1987.
8.1 Any notice to be given under this Agreement shall be sent in the case of PCFP to 4 & 5 The Galloway Centre, Hambridge Lane, Newbury, Berkshire, RG14 5TL, and in the case of the Member to the address set out in the Application Form or to such other address as any party may from time to time notify to the other in accordance with this clause.
8.2 If at any time VAT should be or become payable in respect of any part of the Services or otherwise in respect of this Agreement the Member or Purchaser shall be liable immediately to:
8.2.1 pay such VAT to PCFP; or
8.2.2 (in respect of VAT on sums payable by PCFP to Pure Cremation Ltd in respect of the Services) indemnify PCFP against the amount of such VAT.
8.3 This Agreement shall be governed by the laws of England to the non-exclusive jurisdiction of whose courts the parties hereby submit.
8.4 Third party rights in the agreement. Except as otherwise provided nothing in these terms shall confer on any third party the right to enforce any terms of this agreement.
8.5 Treatment of terms within the agreement. If a court finds part of this agreement illegal, the rest will continue in force. Each of the clauses and paragraphs of these Terms & 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.
8.6 Delay in enforcing the agreement. Even if PCFP delays in enforcing this agreement, it can still enforce it later. If PCFP does not insist immediately that you do anything you are required to do under these terms, or if it delays in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
8.7 In this Agreement the following terms shall have the following meanings:
‘Additional Services’ the additional services (if any) required by the Member or Member’s Representative
‘Administration Fee’ the fee set out in the Application Form
‘Agreement’ the agreement resulting from PCFP’ written acceptance of the
Member’s or Purchaser’s application form in accordance with clause 2.1
‘Application Form’ the Pre-Payment Funeral Plan Application Form
‘Cancellation Period’ the 14 day period referred to in clause 2.2 ‘connected’ shall have the meaning given to that term in section 1122 of the Corporation Tax Act 2010
‘Entitlement Guarantee’ the entitlement guarantee sent to each Member and / or Purchaser as referred to in clause 3.6
‘Funeral Plan’ the funeral services applied for by the Member and procured by PCFP, subject to the Application Form and these Terms & Conditions
‘Initial Payment’ any Payment(s) made by the Member or Purchaser before the expiry of the Cancellation Period
‘Member’ or ‘you’ the applicant for Funeral Services (which shall include the Purchaser where the context properly requires i.e. for the purposes of the payment clauses)
‘Member’s Representative’ such person(s) (being the Member’s attorney or other authorised representative as determined by law, personal representative, next of kin or other relative) as PCFP in its absolute discretion considers the suitable representative of the Member and/or (in the case of a Member who has died), the administrator or executor of the Member’s estate or a suitable person (in PCFP’s absolute discretion) to give directions to PCFP in respect of the Services
‘Payment(s) the single payment or (where the Member or Purchaser has applied to pay by instalments) multiple instalments to be paid by the Member or Purchaser in respect of the provision of the Services or any part of them; or otherwise in respect of this Agreement plus VAT thereon to the extent that VAT may be or become payable
‘PCFP, we, us, our’ Pure Cremation Funeral Planning Limited (registered company number 09906976) of 4 & 5 The Galloway Centre, Hambridge Lane, Newbury, Berkshire, RG14 5TL
‘Plan Holder’s Fund’ the Total Plan Cost along with any income or capital gains addition to it arising as a consequence of the investment, as more particularly defined in the Trust deed
‘Purchaser’ the person paying for the Funeral Plan where it is being paid for by someone other than the Member
‘Pure Cremation Ltd’ Pure Cremation Limited (registered company number 09703301) of Amelia House, Crescent Road, Worthing, West Sussex, England, BN11 1QR or such alternative service provider procured by PCFP subject to clause 3.3
‘Services’ the services as itemised in the Application Form and any Additional Services
‘Trust’ the trust created on 18th January 2016 and known as the Pure Cremation Funeral Plan Trust as may be amended or varied by any supplemental deed to it from time to time (or any successor trust where the Trust Fund is re-settled into another trust subject and pursuant to clause 6.1)
‘Trustees’ the trustees from time to time of the Trust
‘Trust Fund’ the money investments and property from time to time subject to the terms of the Trust.
1.1 You have the right to cancel this agreement within 14 days without giving any reason. Please see clause 2.2 of the Terms & Conditions for your cancellation rights.
1.2 The cancellation period will expire after 14 days from the day the agreement is formed in accordance with the Terms & Conditions.
1.3 To exercise the right to cancel, you must inform us, using the contact details provided at the end of this agreement, of your decision to cancel this agreement by a clear written statement (e.g. a letter sent by post, fax or email). You may use the model cancellation form below, but it is not obligatory.
Model cancellation form
To Pure Cremation Funeral Planning Ltd 4&5 The Galloway Centre, Hambridge Lane, Newbury RG14 5TL
Telephone number: 01635 261944
Fax number: 01635 261944
Email address: [email protected]
I hereby give notice that I cancel my agreement for the Funeral Plan, Ordered on [ ].
Name of Member:
Address of Member:
Signature of Member(s) or any Member’s Representative (only if this form is notified on paper),
1.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
2 Effects of cancellation
2.1 If you cancel this agreement, we will reimburse to you all payments received from you.
2.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this agreement.
2.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Pure Cremation Funeral Planning Ltd 4&5 The Galloway Centre, Hambridge Lane, Newbury RG14 5TL
Telephone number: 01635 261944
Fax number: 01635 261944
Email: [email protected]