Terms and Conditions
Miles & Daughters Memorial Masons in association with Britannia Memorials Ltd. Isabella House, 498 Reading Road, Wokingham, Berkshire. RG41 5EX
Terms of business for memorial sales (Revised November 2014)
These terms of business are issued by our memorial manufacturing partners, Britannia Memorials Limited of Units 1-3 Mileswood Industrial, Old Wokingham Road,Wokingham, Berkshire RG40 3BU. All payments made for memorials sales through Miles & Daughters will be made directly to Britannia Memorials Ltd. Britannia Memorials Ltd. Work in accordance with the National Association of Memorial Masons Code of Working Practice. We aim to supply you with high quality memorials in a timely and professional manner.
1. Estimates and Expenses
The estimate of charges sets out the goods and/ or services we agree to supply. The estimate 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. while we make every effort to ensure the accuracy of the estimate, the charges are liable to alteration particularly where third parties change their rates or charges.
If you amend your instructions we will require your written confirmation of the changes. We may need to make extra charges in accordance with prices published in our price list.
We may need to add VAT to our charges, where applicable, and at the rate applicable when we prepare the invoice.
2. Payment Arrangement
A deposit equal to 50% of the memorial quoted cost is payable at the time of order. All third party fees are also payable at this time. The balance due is payable within 30 days of the memorial being erected.
If you fail to pay us in full on the due date we may charge you interest:
- at a rate of 4% above TSB bank plc base rate from time to time in force;
- calculated (on a daily basis) from the date of our account until payment;
- compounded on the first day of each month; and
- before and after any judgment (unless a Court orders otherwise).
We may recover (under clause 3) the cost of taking legal action to make you pay.
All memorials remain the property of Britannia Memorials Ltd until paid for in full. We reserve the right to remove any memorials form any burial grounds, without notice, when we consider that payment in full is unlikely to be made. We will make reasonable charges for our costs in respect for supplying/lettering a memorial and fixing/ removing and administration for any dishonoured memorial contracts. If we consider a memorial that we have removed due to non payment to be of no resale value, we reserve the right to charge for such memorial even if we have removed it and to make a further charge for the replacement after full payment is received.
You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including 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 to us for losses we incur because you do not comply with these terms. For example, we will charge you an administration fee where wereceive a cheque from you which is subsequently not honoured or if we write to remind you that an account is overdue. If we need to remove a memorial and/or instruct debt collecting agents we may also recover from you the fees we incur. Further details regarding these are available on request. We may claim those losses from you at any time and, if we have to take legal action, we will ask the court to make you pay our legal costs.
4. Data Protection
Words shown in italic are defined in the Data Protection Act 1998 (“the act”).
We respect the confidential nature of the information given to us and, where you provide us with personal data (“data”), we will ensure that the data will be held securely, in confidence and processed for the purpose of carrying out our services. In order to provide our services we may need to pass such data to third parties and those third parties, who are performing some of the services for you, may contact you directly. Under the Act you have the right to know what data we hold on you and you can, by applying to us in writing and paying a fee, receive copies of that data.
5. Cooling-Off Period
The cancellation of consumer contracts made in the Consumer Contract Regulations 2014 may give you the right to terminate this agreement in the cooling-off period of seven days. If you wish the performance of the agreement to which this right applies to commence before the end of the cooling-off period, you must sign the authority in the form which is available on request. In the event you exercise the right to cancel this contract during the cooling-off period, you may be required to pay a reasonable amount for goods and services already supplied or for works already commenced.
This agreement may also be terminated before the memorial is delivered and fixed: (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 reasons for termination, be asked to pay a reasonable amount based upon any work carried out up to the time your termination is received.
7. Material Durability
Our guarantee and liability in all matters is limited, at all times, to the value of this contract. We do not guarantee any stone materials against natural faults in those materials. We guarantee the durability and longevity of our memorial fixing for 10 years from the date of fixing. Terms and conditions apply and are available on request.
Lettering on memorials of any kind is not covered by guarantee. Britannia Memorials Ltd. do not warranty the durability of any type of memorial stone or lettering infill in any location at any time.
Although every effort is made to ensure that stones supplied match those illustrated within our brochures, we ask clients to remember that stone is a naturally occurring product. Natural stone colours may vary slightly from individual quarries and may vary slightly from photographs or samples supplied. Britannia Memorials Ltd., neither imply nor warranty that stone supplied will be exactly the same as illustrated in any website, brochure or as seen in any showroom belonging to or used by Britannia Memorials Ltd.
8. Permission to erect memorials
Britannia Memorials Ltd. cannot guarantee that any memorial will be accepted for erection in any burial ground. Whilst we will make every reasonable effort to procure such permission as may be necessary to erect the memorial as ordered, it is agreed and understood that memorial orders may need to be considerably altered to comply with the regulations as enforced within the burial grounds. Should an order be cancelled as a result of failure to obtain permission to erect a memorial, we reserve the right to charge an administration fee for any work carried out in the making of any application. Should it be necessary to apply to a higher authority than that which normally controls any burial ground (for example; application for Bishop’s faculty) Britannia Memorials Ltd. may make a charge for making such application. Any charge for such application will not be subject to the success or failure of such application.
9. Fixing of memorials before or after given date
Whilst every effort will be made to fix memorials in place either on or before an agreed date, such agreement is made with the understanding that all such agreed dates are flexible. Britannia Memorials Ltd. accept no liability for the late fixing of memorials. The late fixing of memorial does not alter the value of this contract or the right of Britannia Memorials Ltd. to enforce payment under its terms.
Your continuing instructions will amount to your continuing acceptance of these terms of business.
Your instructions will not create any right enforceable by virtue of the contract (Rights of Third Parties Act 1999) 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 English law. If you decide to commence legal action, you may do so, in any appropriate UK Court.