Business Terms and Conditions
Penrose Funerals Ltd is a family owned independent Funeral Directors providing a range of professional funeral services and related goods.
For the Purpose of these Business Terms and Conditions, the Company shall mean Penrose Funerals Ltd, the Customer or Client shall mean the recipient of Goods and Services provided by Penrose Funerals Ltd (usually, but not always, the Next of Kin for the deceased); the Services shall mean any physical, management and information services provided to the Customer; Goods shall mean any physical item purchased from the Company by the Customer, for example a coffin, ashes container or jewellery.
1. OUR CONTRACT WITH YOU
1.1 When arranging a funeral with Penrose Funerals Ltd our acceptance of the Client’s order will take place once the arrangements have been agree and the Client signs the Funeral Contract stipulating these arrangements. At this point, and not before, a Funeral Contract will come into existence between the Client and Penrose Funerals Ltd.
1.1.A Please note, at the point that the Client requests that Penrose Funerals Ltd take their loved one into our care, which often happens prior to making funeral arrangements and agreeing a Funeral Contract, the Client accepts that there is a cost incurred by us in providing this service and the Client further agrees that if they subsequently decide not to proceed Penrose Funerals Ltd may charge the Client all reasonable costs for this services.
1.2 For all other services and goods Penrose Funerals Ltd provide to the Client, once we receive the Client’s verbal or written instruction – and agree that we can fulfil the Client’s request – then the service or goods requested will be added to the Funeral Contract between the Client and Penrose Funerals Ltd.
1.3 If Penrose Funerals Ltd are unable to accept part or all of the Client’s order, we will inform the Client of this and will not charge the Client for any goods or services requested but not provided. This might be because, among other reasons, the goods are currently unavailable, unexpected limits on our resources which Penrose Funerals Ltd could not reasonably plan for, Penrose Funerals Ltd have identified an error in the price or description of the goods or services requested, or Penrose Funerals Ltd are unable to meet a delivery deadline the Client have specified.
2. OUR GOODS AND SERVICES
2.1 Penrose Funerals Ltd will provide the goods and/or services that have been clearly set out in the Funeral Contract after all arrangements have been agreed.
2.2 The goods and services Penrose Funerals Ltd provide to the Client will:
2.2.A correspond to the specification and description the Client agrees with us (see clause 9 below); and
2.2.B be of satisfactory quality and fit for the intended purpose as described by us and/or requested by the Client.
2.3 Penrose Funerals Ltd will deliver the goods and services agreed in a timely fashion and with reasonable care and skill.
3. YOUR RIGHT TO MAKE CHANGES
3.1 If the Client wishes to make a change to the goods or services agreed in the contract they must contact us with their wishes. Penrose Funerals Ltd will let the Client know if the change they are requesting is possible. If it is possible we will let the Client know the price for the service or goods requested and how this will effect the final invoice for the funeral, the timing of supply or anything else which would be necessary as a result of the Client’s requested change. At this point we will ask the Client to confirm whether they wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to the Client then they may choose to end the contract (see clause 6 – Termination).
4. OUR RIGHTS TO MAKE CHANGES
4.1 Penrose Funerals Ltd may make minor changes to the goods or services to reflect changes in relevant laws and regulatory requirements.
4.2 If Penrose Funerals Ltd have to make any other changes to these Terms and Conditions, or the goods and/or services provided, we will notify the Client and they may then contact Penrose Funerals Ltd to terminate the contract before the changes take effect. At this point the Client will receive a refund for any goods or services paid for but not received (see clause 6 – Termination).
5. BILLING AND PAYMENT
5.1 The price of services and goods provided, which will include VAT where this is applicable, will match the price information given to the Client during the arrangement and specified in the Funeral Contract. Penrose Funerals Ltd undertake to make every effort to advise the Client of all prices correctly. However, if we discover we have made a mistake in pricing any goods or services in the Client’s order please see clause 5.2 for the relevant information.
5.2 Despite our best efforts it is sometimes possible that some of the goods or services we provide to the Client may be priced incorrectly. If this should occur then we will do the following;
5.2.A If the correct price for our services, or for third party goods or services, is less than our stated price at the time of order then we will charge the lower amount.
5.2.B If the correct price for third party goods or services is greater than our stated price at the time of order then, where possible, we will contact the Client for their instructions before proceeding with the order.
5.2.C If the correct price for Penrose Funerals’ own services is greater than our stated price at the time of order then we will provide the services at the lower, stated price.
5.3 The Client is responsible for making payment in full for goods and services agreed and provided, on or before the date that any payment falls due. Full payment is required regardless of any sums due from third parties, including but not limited to any Government contributions or probate considerations.
5.4 The Client must pay for the goods and/or services within the following timeframes unless otherwise specified:
5.4.A Full payment of all disbursement fees, including but not necessarily limited to crematorium fees, burial fees, doctor’s fees and celebrant fees, should be paid within 48 hours of booking the funeral service (i.e. completing the arrangement and signing the contract)
5.4.B Full settlement of the final invoice must be completed no later than 48 hours before the funeral service.
5.5 If the final invoice has not been settled in full within 14 days of the date of the funeral Penrose Funerals Ltd reserve the right to charge interest at 2% per month on any outstanding balance together with any reasonable collection/legal costs incurred by us. The interest shall accrue on a daily basis from the due date until the date of full and final payment. If Penrose Funerals Ltd decide to charge interest, expenses and/or legal costs, the Client must pay this in full together with any overdue amount.
5.6 If a pre-payment plan is in place the Client agrees to pay any excess not covered by the plan within 14 days of the date of the funeral, or within 14 days of receipt of the final invoice, whichever is the later date.
5.7 If the Client believes they have been invoiced incorrectly, they should contact us immediately to let us know. Interest on the outstanding payment will not be charged whilst the dispute is unresolved. However, once the dispute is resolved Penrose Funerals Ltd reserve the right to charge the Client interest on correctly invoiced sums from the original due date.
5.8 If the invoice is not paid in full within 14 days of the date of the funeral we also reserve the right to charge for any reasonable costs and expenses incurred by Penrose Funerals Ltd as a result of the failure to pay.
6.1 The Client has a legal right, within the relevant cancellation period and without prejudice to the other remedies or rights the Client may have, to change their mind about goods and services they have purchased and to receive a refund under the Consumer Contracts Regulations 2013. The relevant conditions for cancelling goods, and for cancelling services, are as follows:
6.1.A If the Client wishes to cancel an order for goods they have purchased from Penrose Funerals Ltd they have the right to change their mind and cancel within 14 days after the day they (or their nominated representative) receive the goods. The Client will not be able to cancel goods that are made to their specification and/or which are personalised for the deceased, including but not limited to personalised coffins, obituaries and floral tributes. The Client also does not have the right to cancel if an item has been used for storage, for example if an ashes container has had ashes placed in it or the deceased has been placed in a coffin. The Client can change such items but they will be required to pay for the original item and the replacement item.
6.1.B If the Client wishes to cancel an order for services they have the right to do this at any time before the funeral has taken place. When the Client requests our services it is expressly agreed that Penrose Funerals Ltd will commence provision immediately, therefore the Client acknowledges that if any services are wholly, or partially, performed between the date of instruction and the date of cancellation then they must pay us for the service(s) provided and/or the expenses incurred in providing a partial service. Additionally any disbursements that have been paid on the Client’s behalf must be settled in full with Penrose Funerals Ltd and any third party expenses incurred whilst preparing the funeral as requested must be paid to Penrose Funerals Ltd.
6.2 If the Client wishes to exercise their right to cancel goods or services, they must inform us, in writing, of their decision to cancel. This can be done by letter or by email. If they would like us to provide written confirmation of cancellation please let us know.
6.3 If the Client changes their mind with regard to any goods which have been delivered, and if said goods are suitable for returning by post, then they must pay for the cost of return.
6.4 Without prejudice to the other remedies or rights a Party may have, the Funeral Contract may be terminated forthwith by Penrose Funerals Ltd if:
6.4.A the Client fails to make payment of any sums within 14 days of such sums falling due
6.4.B the Client shall become unable to pay their debts or otherwise suffer an insolvency event
6.5.C. the Client or their representatives shall engage in any conduct prejudicial to the business of Penrose Funerals Ltd or in the event that Penrose Funerals Ltd considers that a conflict or potential conflict of interest has arisen between the Parties.
7. WARRANTIES AND LIABILITY
7.1 Penrose Funerals Ltd warrants that it will use reasonable care and skill in performing all Services.
7.2 Except in the case of death or personal injury caused by Penrose Funerals’ professional negligence, the liability of Penrose Funerals Ltd under, or in connection with, the Funeral Contract shall not exceed the Fee paid by the Client to Penrose Funerals Ltd under the terms of the contract.
7.3 Penrose Funerals Ltd shall not be liable for any loss or damage to the Client’s property or that of any other person unless caused by our negligent action or breach of the Funeral Contract by us.
7.4 Penrose Funerals Ltd shall not be liable for any loss or damage whatsoever arising from any of the following:
7.4.A any act, omission, neglect or default of the Customer or Client or any person acting on their behalf
7.4.B an event of Force Majeure as defined in clause 8 herein, or any other event which the company cannot reasonably prevent.
7.4.C any act, neglect or default not caused solely by Penrose Funerals Ltd.
7.5 All goods received and accepted by Penrose Funerals Ltd in order to provide services to the Client shall remain the property and risks of the client. The risks, title and liabilities on the Goods shall not in any way be with Penrose Funerals Ltd.
7.6 Any goods or property accepted by Penrose Funerals Ltd for the dressing of the deceased or for inclusion into the coffin cannot be returned to the Client subsequent to the burial or cremation of the coffin.
7.7 Penrose Funerals Ltd shall make no representations prejudicial to the Client’s title and ownership rights to the Goods.
7.8 Unless arising from a negligent action or breach of contract by Penrose Funerals Ltd, we shall not be liable for the condition or loss of any jewellery, clothing or personal effects of the deceased or such items left with them but belonging to any other person.
7.9 Where the Funeral Contract is breached by the Client or the Client is negligent in any way of the obligations and undertakings placed upon them under the Funeral Contract, which failure results in the inability of Penrose Funerals Ltd to provide the service(s) agreed within the required timeframe, then Penrose Funerals Ltd will not be held liable for this failure.
7.10 If the Next of Kin, or any representatives of family and friends who have been invited by the Next of Kin to visit our offices or travel in any of our vehicles, causes any material damage to any of the vehicles, property, fixtures or fittings of Penrose Funerals Ltd through wilful action or though negligence then the Next of Kin will be responsible for remunerating Penrose Funerals Ltd for all damages and repairs including, but not limited to, legal fees incurred.
7.11 Advice, information or Services provided by Penrose Funerals Ltd gratuitously is provided on the basis that the Company does not accept any liability whatsoever, whether in tort or bailment or otherwise.
8. FORCE MAJEURE
8.1 Neither Party shall have any liability under, or be deemed to be in breach of, the Funeral Contract for any delays or failures in performance of the contract which result from circumstances beyond the reasonable control of that party. Such delays or failures shall not constitute a breach of contract between Penrose Funerals Ltd and the Client, nor will the Client be entitled to claim for any loss or damage whatsoever arising as a result of Force Majeure. Such circumstances include, but are not limited to:
8.1.A fire, flood, explosion, infectious disease, epidemic, pandemic, riots, calamities, strikes, unforeseeable traffic delay, lockout, labour shortage or dispute, war, accident, computer virus, inclement weather, hurricane, earthquake, other acts of God, acts or requests of government, change of regulations or rules or law or government policy which render a Party incapable of performing any of its obligations, or any contingency whatsoever beyond the Party’s reasonable control affecting the delivery of the goods or services agreed.
9. SPECIFICATION OF GOODS
9.1 All images of the products Penrose Funerals Ltd provide, whether on our website or in our brochures, are for illustrative purposes only. We make every effort to display colours accurately but we cannot guarantee that images used will fully and accurately reflect the colour of goods provided. This is especially true where products are made of naturally occurring materials where such materials may not match the exact colour or appearance of the image on our website or in a brochure. Natural variations in texture and tone may occur, including natural blemishes. Such goods may vary slightly from the images.
10. THE DECEASED
10.1 Penrose Funerals Ltd will make all reasonable and proper efforts to care for the deceased. All deceased will be kept in cold storage at the recommended temperature of 4 degrees Celsius. Be aware that, even in cold storage, some deterioration will occur over time.
10.2 Penrose Funerals Ltd reserve the right to refuse to arrange for viewing of the deceased for various reasons. These include, but are not limited to, the following:
10.2.A If we are advised that the deceased may be infectious or has suffered from an infectious disease.
10.2.B If the condition of the deceased creates a reasonable risk of emotional or mental trauma for family and friends. This may be due to, but not limited to, natural and reasonable decay associated with the length of time since they passed, the condition in which they were found, physical trauma or damage, discolouration or other reasonable causes. In some cases we may advise against viewing but prepare the viewing if requested, in extreme cases we reserve the right to decline viewing.
10.2.C Where a viewing has taken place previously and the behaviour of the attendees has been disrespectful, discourteous, abusive, insulting or in any other way unacceptable for a chapel of rest.
11.1 Penrose Funerals Ltd accept no liability for a third party’s failure to publish an obituary or for any misspelling or inaccuracy in any obituary notice where the variation from what we have submitted is the fault of a third party.
12. DATA PROTECTION
12.1 Where the provision of services by Penrose Funerals Ltd requires the sharing or processing of personal data the Parties shall at all times comply with any and all relevant data protection laws and regulations which are currently in force or which may from time to time be enforced, including but not limited to the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) and any other act of parliament, regulation, order, statute, subordinate legislation, mandatory guidance or code of practice, judgement of a relevant court of law, or directives or requirements of any regulatory body which relates to the processing and storing of any and all personal data of individual and shall ensure that such personal information is held securely and only lawfully disclosed.
13.1 Neither Party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under the Funeral Contract without the prior written agreement of the other Party. This means that if the Client has signed the Funeral Contract as the Next of Kin they may not transfer this responsibility to another without notifying us in writing and receiving a written agreement to this transfer. Likewise, Penrose Funerals Ltd cannot transfer a funeral to another funeral director without the Client’s express, written permission.
13.2 Where the order is placed by two or more people, each of them will be jointly and severally liable for compliance with the obligations and responsibilities under these terms. Penrose Funerals Ltd are entitled to enforce our rights against one, some or all signees as we consider appropriate in the circumstances.
13.3 If any of these Terms of Business are found to be unlawful by a court of law the remaining paragraphs will remain in full force and effect.
13.4 Even if Penrose Funerals Ltd delay in enforcing these Terms and Conditions, or our rights under the Funeral Contract, we can still enforce them later. If we do not insist immediately that the Client do anything they are required to do under these terms, or if we delay in taking steps against them in respect of their breaking either the Terms and Conditions or the Funeral Contract, this will not mean that they do not have to do those things and it will not prevent us taking steps against them at a later date. (For example, if the Client misses a payment and we do not chase them but we continue to provide the goods and/or services requested, we can still require the Client to make the payment at a later date.)
13.5 These Terms and Conditions constitute the entire understanding between Penrose Funerals Ltd and all of our Customers and Clients in relation to a Funeral Contract. Nothing in these Terms and Conditions excludes liability for fraud. The rights and remedies provided by these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
13.6 The validity, construction and performance of these Terms and Conditions shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales to which the Parties submit.
13.7 For the purposes of the Agreements (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement, these Terms and Conditions are not intended to, and do not, give any person who is not a Party to it any right to enforce any of its provisions.