Masonry additional works
1. Parties
“Our”/”we”/”us” means Funeral Services Limited, registered in England and Wales with number 30808R at registered office 1 Angel Square, Manchester, M60 0AG. VAT registered 403 3146 04. Part of Co-operative Group Limited (registered number 525R).
“You”/”your” means the individual or company requesting our services.
“Order” means the written order printed overleaf or attached to these conditions.
2. Terms
These conditions and the written order comprise all the terms of the contract between you and us (“contract”) shall apply to the contract to the exclusion of any other terms and conditions, warranties and representations written or orally expressed or implied (save for those which by law cannot be excluded) unless accepted by Us in writing.
3. Price
3.1 The price of the services shall be stated in the order and unless otherwise agreed in writing by us shall be inclusive of Value Added Tax. All invoices issued by us will be payable in full without set-off or deduction within 21 days of the date of the invoice or subject to result of any soft credit check, we may require payment in full before the work takes place.
3.2 You agree to pay the deposit stated in the memorial services order at the time of acceptance of the order. You acknowledge that we are under no obligation to commence any work or order any materials to comply with your request for memorial services unless and until the deposit has been paid by you in cleared funds.
3.3 In the event that any payment due from you to us is not made on the due date, we shall be entitled to receive interest on the late payment from the date the payment fell due until the date of actual payment (both before and after judgment) at an annual rate of interest equivalent to 1.5% above the base lending rate from time to time of of The Co-operative Bank p.l.c. (registered number 990937) to be calculated on a daily basis.
4. Cancellation
4.1 Before we begin to provide the goods and/or services set out in the order you have the right to cancel this contract within 14 days of the date of the order without giving any reason. The right to cancel can be exercised by contacting us, including by sending a cancellation notice to Us by e-mail to funeral.clientrelations@coop.co.uk or by contacting us at the branch in which You placed the Order or at:
Funeralcare Customer Services,
3rd Floor,
1 Angel Square,
Manchester,
M60 0AG.
You may use the model cancellation form set out in this contract but it is not obligatory. 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. If you do this, you will not have to pay any charge for cancellation and any payments You have made during this time will be refunded to you in full.
PLEASE NOTE: If you have requested the provision of goods and/or services to commence during the cancellation period and the goods and/or services have been made or provided to your specifications or clearly personalised, the right to cancel does not apply and you shall be required to pay for such goods and/or services. This will not affect your legal rights as a consumer in relation to bespoke or personalised goods that are faulty or not as described. If you requested the provision of goods and/or services to begin during the cancellation period and these have not been made to your specifications or clearly personalised, you shall pay us an amount which is in proportion to what has been performed in comparison with the full contracted service up until the point at which you communicated to us your cancellation of this contract. Where you are due a reimbursement, 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 contract. We will reimburse you 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.
4.2 We may cancel this contract at any time with immediate effect by giving you written notice if:
4.2.1 You do not pay us when you are supposed to; or
4.2.2 You break this contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to do so in writing.
5. Specification
5.1 Without prejudice to any terms implied by law for the benefit of you, we hereby undertake to you:
5.1.1 That the quality, quantity and description of the services shall, subject as provided in these conditions, be as expressly specified, in the order and/or in any applicable specification supplied by you to us and/or agreed in writing and signed by the parties.
5.1.2 That the quality, quantity and description of any goods and materials shall, subject as provided in these conditions, comply as nearly as possible those specified in the order and/or in any applicable specification supplied by you to us and/or agreed in writing and signed by the parties.
5.1.3 We shall comply with all applicable regulations or other legal requirements concerning the manufacture and delivery of the goods and the performance of the services.
5.2 You specifically acknowledge that goods and materials, including their colour and texture, may not be identical to any sample, description, specification or other indication (such as a brochure) which has been shown to or given by you and that services such as the quality of inscriptions on memorial stones may vary from any written samples or descriptions shown to you because of the colour, texture and quality of the materials. Provided we use reasonable care in carrying out your instructions we will not be liable to you for any failure to comply with any sample description or specification as described in this clause.
6. Variations
Prior to fulfilment of the order, we shall comply with any variation, direction and/or requirement issued and signed by you to us relating to all or any part of the order. Such a variation, direction and/or requirement shall not invalidate the contract and any amount due arising from such compliance shall be agreed between you and us and in default shall be a reasonable sum incurred. Where the quality of goods or services is reduced, the price shall be reduced proportionally.
7. Force Majeure
In the event of the contract being rendered impossible to perform by reason of any cause beyond the control of either party, each party has the option to cancel or suspend the contract or so much of it as is thereby rendered impossible to perform provided always that if each party selects a different option then Your option shall prevail.
8. General
8.1 The order is personal to you and you shall not assign or transfer or put aside to any person any of your rights or obligations or subcontract any of your obligations under the contract without our prior written consent.
8.2 You hereby acknowledge and confirm that You have authority to enter into the contract with us for the provision of our services. You confirm that you are personally responsible for the payment of all invoices concerning the services rendered. In the event a dispute occurs, you hereby agree to indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses), awarded against or incurred or paid by us as a result of or in connection with your confirmation that you have authority to enter into the contract.
8.2.1 It may not always be possible to match the lettering format on an existing memorial, in these instances We will notify you of this and will not proceed with the order unless we have your express permission to do so.
8.2.2 In the event that an existing memorial needs to be removed from site to carry out your instructions we will advise you if it is not possible to do so without causing damage to the memorial or cemetery/churchyard plot to which it is attached. Should you still wish us to proceed with your instructions we accept no liability for any loss, damage or destruction to the memorial and/or cemetery/churchyard plot provided We use reasonable care in carrying out your instructions.
8.2.3 Ownership of a memorial will remain with us until the full payment is received by us in cleared funds.
8.2.4 You have 21 days from us informing you that the work is complete to inspect the memorial stone and advise us of any defects. If the memorial does not meet your quoted specification or is damaged or defective we reserve the right to repair or replace the memorial or allow you a refund for the invoice value or a proportionate part thereof in full and final settlement of our liability, providing the alleged defect has been notified to us in writing.
8.2.5 Where you have notified us of a claim regarding the stone, fixing or lettering; we will instruct a mason to carry out a inspection and produce a report in to the cause of defect. If the mason determines that the cause of the defect is our fault, we will at our discretion either repair or replace the memorial under the terms of the guarantee.
8.2.6 We may subcontract the performance of the contract in whole or in part.
8.3 If you are dissatisfied with any aspect of our service please contact either the funeral home or Client Relations Team (Tel: 0800 083 6301).
Email: funeral.clientrelations@coop.co.uk
or write to the
Client Relations Team,
Funeral Services Limited,
3rd Floor,
1 Angel Square,
Manchester,
M60 0AG.
This should be carried out within 21 days of us providing the service, otherwise you are deemed to have accepted the service as complying with these terms and conditions. If we are unable to resolve your complaint to your satisfaction you can contact the
National Association of Memorial Masons (NAMM),
1 Castle Mews,
Rugby,
Warwickshire,
CV21 2XL.
Tel: 01788 542264.
8.4 As part of your memorial order, we may carry out a soft credit check. These checks don’t leave a footprint on your credit record and won’t affect your credit score. You have a legal right to details of those credit reference and fraud prevention agencies from who we obtain and to whom We pass information about you. You have the right to receive a copy of the information we hold about you if you apply in writing
9. Third Parties
Nothing in these conditions confer any benefit on any third parties under the Contract (Rights of Third Parties) Act 1999.
10. Governing Law
English law shall apply to this contract. We agree with you that in the event of any dispute arising between you and us the courts of England and Wales will have non-exclusive jurisdiction over any such dispute.
11. Are you a Co-op Member?
Our members benefit from exclusive member offers. You must be a member prior to placing the order with us and provide your Membership card number at the time of purchase. Exclusions and restrictions apply. For details of our member benefits please see our Membership T&Cs at coop.co.uk/membership, call 0800 023 4708 or write to us at
Co-op Member Service,
The Co-op, c/o Swiss Post Solutions Ltd,
Unit 550,
Metroplex Business Park,
Manchester,
M50 2UE.
12. How my information will be used
We take your privacy seriously. We will only use your personal information in the following ways:
12.1 Where it’s needed to carry out the services you have requested:
a. We may need to pass your information to third parties as part of the memorial order. These can include churches, cemeteries and memorial masons
b. We may need to transfer your personal data outside of the European Union in order to provide you with the services and products you require. Some of these countries may not have laws that protect privacy rights as extensively as in the European Union. If we do this, we will take proper steps to ensure that your information is properly protected.
12.2 Where it’s necessary for legitimate business reasons:
a. We may share your information with agencies and other companies both inside and outside the Co-op Group for quality control, statistical, fraud prevention and debt collection purposes.
b. We may also use and share your information within the Co-op Group to develop and improve our services, by analysing your information. This will help us improve our future products, services and marketing.
c. If we change our company structure, then we may transfer your personal information to another company.
d. We may contact you to ask you to participate in customer satisfaction surveys and market research (by email or phone) and to undertake and analyse those surveys and research.
We won’t use your information for marketing, or pass it to third parties outside of the Co-op Group for their marketing purposes.
If you require further information about how we use personal data then please request a copy of our Privacy Policy or visit the Funeralcare website.