The Fairways Funeral Plan
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- Rosalyn Sanders
- 9 years ago
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1 The Fairways Funeral Plan Terms & Conditions 1. Eligibility Paying in full with a single payment or by Fixed Monthly Instalments by Direct Debit The Plan Holder is eligible for either of these Payment Arrangements where they are at least 18 years of age at the Start Date of the Selected Plan. There are no medical or health questions. Paying by Fixed Monthly Payments The Plan Holder is eligible for this Payment Arrangement where the Plan Holder is aged at the Start Date of the Selected Plan. There are no medical or health questions. 2. Application Form By sending your Application Form to us, either directly or via your Funeral Director, you are agreeing to buy your Selected Plan from us under these Terms and Conditions. The Application Form must be signed by the Plan Purchaser, who has the contractual rights to, and obligations for, the Plan, including meeting the Payment Arrangement. All correspondence will be issued to the Plan Purchaser (who may also be a Plan Holder). 3. Issuing your Plan Summary This confirms your Plan Benefits. It will be issued to the Plan Purchaser, (who may also be a Plan Holder) as part of the contents of the Plan Documents Folder, on receipt and processing of the completed Application Form and the associated Payment Arrangement. If you lose the Plan Summary, you should tell us, in writing, and we will send you a duplicate copy. 4. Mainland Great Britain and Northern Ireland only Paying in full with a single payment or by Fixed Monthly Instalments by Direct Debit The Plan Benefits apply only to funerals in mainland Great Britain or Northern Ireland. If the Plan Holder dies outside these areas or the Plan Holder wants their funeral to take place outside these areas, we have the right to refund the payments made to the Plan Purchaser or to the Plan Holder s estate as appropriate, less a Cancellation Charge (see Section 20). If the amount paid to us is less than the Cancellation Charge, we have the right to ask for the balance of the Cancellation Charge to be paid. If we cancel the Plan, we will have no further responsibility to provide the Plan Benefits. Paying by Fixed Monthly Payments The Plan Benefits apply only to funerals in mainland Great Britain or Northern Ireland. As there is no cash-in value at any time, no payments would be refunded to either the Plan Purchaser or the Plan Holder s estate if a decision to cancel was taken and you would not be entitled to the Plan Benefits. Due to their variable and unpredictable nature, the costs of repatriation from outside mainland Great Britain and Northern Ireland are not included in any of our Funeral Plans, including Tailor-made Plans. We may be able to arrange repatriation at the time of death for an additional charge. The Funeral Director will provide help and advice with this matter. If the Plan Holder is repatriated, then the Selected Plan can be used in the usual way, provided that the funeral takes place in mainland Great Britain or Northern Ireland. 5. Eligibility for the Plan Benefits Paying in full with a single payment You are entitled to the Plan Benefits as soon as your completed Application Form has been processed and your funds have cleared to settle the payment in full. Paying by Fixed Monthly Instalments by Direct Debit You are entitled to the Plan Benefits at the end of the set period, provided you have settled the payment in full, including any Instalment Charge applicable for this facility. Paying by Fixed Monthly Payments If you have chosen to pay by Fixed Monthly Payments, in order to receive the Plan Benefits, you must keep up the payments until the anniversary of the Start Date immediately prior to the Plan Holder s 90th birthday, or until the death of the Plan Holder if sooner. If you stop paying your due Fixed Monthly Payments for any reason, your Selected Plan will be cancelled, you will not receive your Plan Benefits and you will not get any money back. If you have chosen to pay by Fixed Monthly Payments and the Plan Holder dies within two years of the Start Date, there is no entitlement to the Plan Benefits. However if the payments have been kept up, the Plan Purchaser (or their estate if they are also the Plan Holder) is entitled to a payment from us equivalent to 120% of the Fixed Monthly Payments we have received. 6. Paying for your Selected Plan Paying in full with a single payment or by Fixed Monthly Instalments by Direct Debit You may pay in full with a single payment using only the payment methods shown in the Brochure and on the Application Form. To pay over a set period, you must pay by Direct Debit and you may only choose to pay over one of the set periods shown in the Brochure and on the Application Form. You must pay the set amount each month until the Selected Plan is paid for in full. If you purchase more than one Plan, and you wish to pay over a set period, then you must have a separate Direct Debit Payment Arrangement for each of the Plans purchased. If you are paying by Fixed Monthly Instalments by Direct Debit and do not keep to the Payment Arrangement at any time, we will allow 30 days of grace during which time you can pay the outstanding payment due and your Selected Plan will remain in place. If the outstanding payment is not received within 30 days, we may cancel the Selected Plan and return the money you have paid us under the Payment Arrangement, less a Cancellation Charge (see Section 20). If the amount paid to us is less than the Cancellation Charge, we have the right to ask you to pay us the balance of the Cancellation Charge.
2 If you are paying by Fixed Monthly Instalments by Direct Debit and the Selected Plan has not been paid in full at the time of the Plan Holder s death, you (or the Plan Holder s Representative if the Plan Holder was the Plan Purchaser) have the option to either : pay any amount still owing as a single payment, and we will issue a receipt as proof of payment. We must receive this payment in full before the funeral can be arranged. If not, we cannot provide the Plan Benefits; or: cancel the Selected Plan by writing to us. In this case, we will return all the payments made under the Payment Arrangement to you (or the Plan Holder s estate if the Plan Holder was the Plan Purchaser), less a Cancellation Charge (see paragraph 20). If the amount paid to us is less than the Cancellation Charge, we have the right to ask for the balance of the Cancellation Charge to be paid. If this happens, we will have no further responsibilities to provide the Plan Benefits. Paying by Fixed Monthly Payments (available for Set Plans only) If you have chosen to pay by Fixed Monthly Payments, you must pay by Direct Debit. The amount of the Fixed Monthly Payment is defined by the Set Plan chosen, as well as the age of the Plan Holder. We will confirm the Fixed Monthly Payment in writing, once we have received and processed your Application Form. Once agreed, the amount of your monthly payment is fixed and will not vary over time. The first payment will be due within one month of the Start Date of your Selected Plan. You must keep up the payments until the anniversary of the Start Date immediately prior to the Plan Holder s 90th birthday, or until the death of the Plan Holder if sooner. If you do not keep to the Payment Arrangement, after you have paid your first Fixed Monthly Payment, if any subsequent Fixed Monthly Payments are not paid on the due date, we will allow 30 days of grace during which time you can pay the outstanding Fixed Monthly Payment and your Selected Plan will remain in place. If the outstanding Fixed Monthly Payment is not received within the days of grace, your Selected Plan will be cancelled, you will not be entitled to the Plan Benefits and you will not get any money back. If the Plan Holder s date of death is more than two years from the Start Date and there are Fixed Monthly Payments outstanding at the time of the death of the Plan Holder, these must be paid to us prior to receipt of the Plan Benefits. The maximum that can be outstanding is two Fixed Monthly Payments. Whatever Payment Arrangement you have chosen, we may ask another organisation to collect or receive the payments if you default on your payments, and fail to abide by the Terms and Conditions stated here. 7. How to claim the Plan Benefits Your Representative can claim the Plan Benefits at any funeral home that is part of Funeral Services Limited, other participating registered societies or co-operative societies and any other Funeral Director affiliated to Funeral Services Limited. After the death of the Plan Holder the Representative must present the Funeral Director with: the Plan Holder s Death Certificate and disposal certificate; and the Plan Summary (or a duplicate copy we have issued). We will not be able to provide the Plan Benefits until we have the Plan Summary and an original copy of the Death Certificate. If your Representative decides not to receive any particular Plan Benefits that are detailed on the Plan Summary and that you are entitled to under the Selected Plan, you will not get a refund. 8. Unused services and additional services No changes to the services in a Funeral Plan can be made following the death of the Plan Holder, either before or during the arrangement of their funeral. The following conditions apply: If the Plan Holder s Representative chooses not to use any of the services included in the Plan, then these are non-refundable. If the Plan Holder s Representative chooses to arrange additional services which are not included in the Plan, then these will need to be paid for by the Representative when the funeral is arranged. 9. What costs are INCLUDED in your Selected Plan? Only those items specified below are included in your Selected Plan. Any service or fee not mentioned below is excluded from your Plan Benefits, even if not mentioned in the examples of exclusions in Section 10. Set Plans Provided the Payment Arrangement has been met, our Set Plans guarantee to cover: All of the Funeral Director s Services and Fees included in your Set Plan as detailed in the Brochure and on your Funeral Plan Summary. The Third Party Charges included in your Set Plan which comprise: For Cremation - Fees payable for cremation documents (up to the maximum amount set by the British Medical Association). - Fees for cremation at a local crematorium. - Minister or Officiant s fee to perform a service at a local crematorium. For Burial If a new grave is required and the burial is to be at a local cemetery: - A single interment fee including preparation of (but NOT the purchase of) the grave at a local cemetery. - A ceremony/service immediately prior to the burial, either at the local cemetery or at a separate location on the same day. - The Minister or Officiant s fee. If a new grave is required and the burial is to be at a local churchyard or graveyard: - The burial fee and gravedigger s fee at a local churchyard or graveyard (but NOT the purchase of a grave). - A service at a local church or a service at the graveside. - The Minister or Officiant s fee. If you are using an existing grave and the burial is to be at a local cemetery: - A single interment fee including preparation of the grave (note that removal of concrete slabs and chippings to allow burial to take place may incur an additional charge). - A ceremony/service immediately prior to the burial, either at the local cemetery or at a separate location on the same day. - The Minister or Officiant s fee. Tailor-made Plans Provided the Payment Arrangement has been met, our Tailor-made Plan guarantees to cover the services itemised and costed on the Application Form. Only those services itemised and costed on the Application Form are included in the Plan Benefits. 10. Some examples of costs that are EXCLUDED from your Selected Plan Examples of exclusions from Set Cremation Plans Set Cremation Plans include ONLY those services specifically detailed within the Brochure and on your Funeral Plan Summary. Exclusions include, but are not limited to: A ceremony/service at a different location to that where the cremation is to take place, either before or after the cremation, is not included. All costs related to the interment or disposal of ashes - such as Local Authority fees, Minister or Officiant fee, ashes caskets, transport costs, and any associated Funeral Director s services necessary to carry out these arrangements are not included. Charges relating to the provision of an organist, choir or live music (e.g. soloist, band) at the funeral ceremony/service are not included. Examples of exclusions from Set Burial Plans Set Burial Plans include ONLY those services specifically detailed within the Price List and on your Funeral Plan Summary. Examples include, but are not limited to: - The purchase of a grave is NOT included in the Set Burial Plan. You or your Representative are responsible for buying the grave. The Funeral Director will provide help and advice with regard to this matter. - Where the Plan Holder is not eligible for burial as a resident under the criteria specified by the Local Authority who operate the chosen cemetery, multiple or increased interment fees may be applicable. Multiple or increased interment fees are not included in the Set Burial Plan. Only the standard single interment fee is included. - The provision of a memorial, including a headstone, is not included in the Set Burial Plan. The Funeral Director will provide help and advice with regard to this matter. - Additional work on an existing memorial, such as cleaning, repair or additional inscriptions is not included in the Set Burial Plan. - The removal or re-fixing of an existing memorial may be required if you are using an existing grave. Charges for this are not included in the Set Burial Plan. - The cost of a temporary grave marker, which is in some cemeteries placed on a grave after the funeral until a headstone can be erected, is not included in the Set Burial Plan. - Charges relating to the provision of an organist, choir, or live music (e.g. soloist, band) at the funeral ceremony/service are not included.
3 Exclusions from Tailor-made Plans Only items specified and costed on the Application Form completed with the Funeral Director/member of The Funeral Planning Team are included in your Tailor-made Plan. Examples of exclusions include, but are not limited to: Where a burial has been chosen, the Tailor-made Plan, does not include the purchase of a grave. Unless a grave is pre-purchased, we cannot guarantee that the burial can be carried out at the chosen location, as the availability of a grave is entirely outside the control of the Funeral Director. We recommend that a grave is pre-purchased wherever possible to ensure that the burial can take place in the chosen location. If a grave is not pre-purchased (either at the time of arranging the Funeral Plan or at any time prior to the funeral) then your Representative will need to purchase one at the time of arranging the funeral before we will be able to deliver any of the Plan Benefits. Where the Plan Holder is not eligible for burial as a resident under the criteria specified by the Local Authority who operate the chosen cemetery, multiple or increased interment fees may be applicable. Unless these are detailed on your Application Form, multiple or increased interment fees are not included in your Tailor-made Plan. Where additional costs are incurred by the Funeral Director, or there are additional Third Party Charges, as a result of a change of address of the Plan Holder. 11. Circumstances in which additional payments for Funeral Director s Services and Fees/Third Party Charges may apply at the time of the funeral For any of our Funeral Plans, we have the right to charge reasonable additional amounts at the time of the funeral for certain items or services, including additional amounts charged by Third Parties. These include, but are not limited to, the items/services below: If the Plan Holder s Representative requests that the funeral is conducted during a weekend, public holiday or out of normal hours as defined by the local cemetery, churchyard, graveyard or crematorium authorities. Any additional costs associated with the provision of necessary vehicles and/or personnel required to comply with a request from the Plan Holder s Representative to carry out a funeral at a specific time or date where this requires additional staffing/vehicles to be provided by the Funeral Director. Removing artificial limbs and mechanisms such as pacemakers. Transportation of the deceased outside a 50-mile radius and/or via routes that incur an additional charge by Third Parties (such as a ferry crossing); should this be required, we will be entitled to charge a reasonable additional mileage charge and/or the costs charged by Third Parties. To reflect the effect of any change in regulations, tax and laws on our performance of the Plan Benefits. 12. Tailor-made Memorial Masonry Plans If you have chosen to arrange a separate Tailor-made Plan for a new memorial, or for an additional inscription and/or cleaning work on an existing memorial, then the following additional Terms and Conditions will apply: All specifications for memorials (including, but not limited to, size, type of stone, style of lettering, permitted designs) are governed by the authorities operating the cemeteries and churchyards and are subject to change over time. We have no control over these regulations. Our ability to provide your chosen memorial will be influenced by the regulations prevailing at the time your memorial is ordered (i.e. after the death of the Plan Holder). Once the funeral has taken place, following confirmation of the details with your Representative, we will place the memorial order. From this point, our standard conditions of sale and supply of memorial stones will apply. The Funeral Director will provide your Representative with a copy of these when the order is placed. It is the responsibility of the Plan Purchaser to ensure that a grave is purchased separately. Details of the purchased grave will be requested by the Funeral Director when a Tailor-made Memorial Masonry Plan is arranged. If a grave is not purchased in advance of the funeral, then we cannot give any guarantee that the requested memorial can be erected in the chosen location. If the Plan Benefits cannot be provided due to a grave not having been purchased, then we have the right to refund any payments made, less the Cancellation Charge as outlined in Section 20, and we will have no further obligation to provide the Plan Benefits. If both a Tailor-made Funeral Plan and a Tailor-made Memorial Masonry Plan are purchased, and the Plan Purchaser chooses to pay by Direct Debit, then a separate Payment Arrangement will be required for each of the Plans. It is not necessary for the Plan Holder to hold a Fairways Funeral Plan prior to taking out a Tailor-made Memorial Masonry Plan. 13. Funeral Requests (Set Plans only) If any Funeral Requests have been recorded with us, these will be passed on to the Funeral Director at the time of arranging the funeral. Funeral Requests are not part of your Plan Benefits and the Funeral Director cannot guarantee to carry them out. Neither we, nor the Funeral Director, are liable for the provision or cost (if any) of the stated Funeral Requests. Any additional costs will be notified to the Plan Holder s Representative at the prevailing price at the time of arranging the funeral, and payment will be required before the services can be provided. 14. Funeral Plan Arrangement Requests (Tailor-made Funeral Plans only) If any Funeral Plan Arrangement Requests have been recorded with us, these will be passed on to the Funeral Director at the time of arranging the funeral. The Funeral Director cannot guarantee to carry out these requests. Neither we, nor the Funeral Director, are liable for the provision or cost (if any) of the stated Funeral Plan Arrangement Requests unless, where relevant, the item has been specifically included on the Application Form for a Tailor-made Funeral Plan and paid for as part of your Selected Plan. Any additional costs will be notified to the Plan Holder s Representative at the prevailing price at the time of arranging the funeral, and payment will be required before the services can be provided. 15. Plan Discounts (if applicable) No discount can be claimed retrospectively. Any discount must be validated and deducted from payment at the time of purchase of the Plan. Multiple discounts cannot be used against a Plan purchase at any time. Any discount is applied to the total price payable for the Plan i.e. after the Instalment Charge has been applied. No discounts can be claimed if paying by Fixed Monthly Payments. 16. The Co-operative Membership points The Terms and Conditions of The Co-operative Membership apply to the purchase of a Plan. Only the Plan Purchaser is entitled to Co-operative Membership points and only if they provide a valid Co-operative Membership number at the time of completing the Application Form. Co-operative Membership points cannot be allocated retrospectively. For more information on The Co-operative Membership, go to our website: Availability The passage of time and changes in personal circumstances may affect the availability of certain arrangements, products or services, such as coffin type, memorial materials/design, location of ceremony, or availability of specific personnel. If this happens, we may have to provide reasonable alternative places, products or services, or instruct reputable agents to provide the funeral on our behalf. 18. Changing your Selected Plan or upgrading to a different Plan Set Plans We cannot change or amend a Set Plan, for example by adding or removing individual items or services. If during the life of your Set Funeral Plan you wish to change to a different Set Plan, then you can upgrade from an Amber to Onyx or Onyx to Garnet Plan. You cannot change to a Set Plan with a lower value of services, i.e. from Garnet to Onyx. Regardless of the payment option you have chosen for your Plan, any upgrade will need to be paid for in a single payment, either by cheque or credit or debit card. The cost of any upgrade will be the difference between the prevailing Plan prices at the time the upgrade is made. Should you want to change to a different Set Plan, you must contact either your local nominated Funeral Home, or call the Funeral Planning Team on the number shown in your Funeral Plan Documents, or go online if you have an Online Account, we will ask you to return to us your Funeral Plan Summary, and any copies we have sent to you. Tailor-made Plans We can make reasonable changes to Tailor-made Plans at any time during the life of your Tailor-made Plan on your instruction. Changes must be discussed with either your Funeral Director or The Funeral Planning Team. If you call The Funeral Planning Team, any requests must be followed up in writing. Costs for the addition of further services will be provided at the prices prevailing at the time of the change request. All additions must be paid for in full with a single payment before your Tailor-made Plan can be amended. We will issue you with a new Plan Summary once all additional items have been requested and paid for in full. In the event of any removal of services from your Tailor-made Plan, the amount refunded will be the amount paid for the services when you took out the Tailor-made Plan. If you move house and have a Tailor-made Plan, please contact your local Funeral Director or The Funeral Planning Team, as we may need to make changes to your Tailor-made Plan in order to deliver the Plan Benefits. Costs for any required changes will be provided at the prices prevailing at the time of the change request. These must be paid for in full with a single payment before your Tailor-made Plan can be amended. We will issue you with a new Plan Summary once the required changes have been made and paid for in full.
4 Joint Tailor-made Plan The Application Form and your agreement with us will specify whether your Tailor-made Plan is for one Plan Holder (Single Plan) or either of two Plan Holders (Joint Plan). Once a Plan has been purchased, it is not possible to change from a Single to a Joint Plan or vice versa by either adding or removing a second Plan Holder. If such a change were required, then the Plan would need to be cancelled and the Cancellation Charge applied (see Section 20) and a new Plan arranged at the Plan prices prevailing at the time of re-arrangement. On the death of one of the Plan Holders, if the Plan is not used to provide for the funeral of that Plan Holder, then the surviving Plan Holder has sole rights to the Plan Benefits. In these circumstances, another Plan Holder cannot be added to the Plan at any time. 19. Joint Tailor-made Plans only Specific Terms and Conditions relating to Joint Tailor-made Funeral and Memorial Masonry Plans are as follows: A Joint Tailor-made Plan allows for a maximum of two Plan Holders to be eligible for the Plan Benefits, one of whom must be the Plan Purchaser. Only the Plan Purchaser can amend or cancel the Plan, except as outlined below. In the event of the death of either Plan Holder, all of the rights to the Plan transfer to the surviving Plan Holder and no other Plan Holder can be added to the Plan. The Application Form and your agreement with us will specify whether your Tailor-made Plan is for one Plan Holder (Single Plan) or either of two Plan Holders (Joint Plan). Once the Plan has been purchased, it is not possible to change from a Single to a Joint Plan or vice versa. If such a change were required, then the Plan would need to be cancelled and the Cancellation Charge applied (see Section 20) and a new Plan arranged at the Plan prices prevailing at the time of re-arrangement. A Joint Plan can be used for the funeral or memorial of either of the Plan Holders. Only one Funeral Plan can be used for the funeral of any one Plan Holder and it is the Plan Holder s responsibility to ensure that no more than one Funeral Plan is held. 20. Cancelling your Selected Plan Whatever the Payment Arrangement, you have the right to cancel your Selected Plan within 30 days of the Start Date without giving any reason. The right to cancel can be exercised by delivering or sending (including by electronic mail to [email protected]) a cancellation notice to us at Customer Services, 12th Floor, The Fairways Funeral Planning Team, Funeral Services Limited, 1 Angel Square, Manchester M60 0AG. You may use the attached model cancellation form but it is not obligatory. You can also fill in and send to us the Notice of the right to cancel form in the Application Form. 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 a Cancellation Charge and any payments you have made during this time will be refunded to you in full. PLEASE NOTE: If you requested the performance of the Selected Plan to commence during the cancellation period and this included the provision of goods which have been made to your specifications or clearly personalised, the right to cancel does not apply and you shall be required to pay for such goods. If you requested the performance of services to begin during the cancellation period, 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 your Selected Plan. 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 the Selected Plan. 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. Cancelling after 30 days of the Start Date & paying in full or paying by Fixed Monthly Instalments by Direct Debit Under these circumstances, the Cancellation Charges which will apply to our Plans are: All Tailor-made Funeral Plans and Set Funeral Plans, for both cremation and burial- 250 Tailor-made Memorial Masonry Plans- 100 If you are paying in full with a single payment or paying by Fixed Monthly Instalments by Direct Debit and want to cancel your Selected Plan after 30 days, you must give us written notice and if we have sent you a Plan Summary you must return it (and any copies we have sent you) to us. We will not be able to return any money you have paid unless we receive your Plan Summary. We will then refund all the payments you have made for the Selected Plan, less the appropriate Cancellation Charge. If the amount paid to us is less than the Cancellation Charge, we have the right to ask you to pay us the balance of the Cancellation Charge. You would then not be entitled to the Plan Benefits. Cancelling after 30 days of the Start Date & paying by Fixed Monthly Payments If you are paying by Fixed Monthly Payments and want to cancel your Selected Plan after 30 days, you must give us written notice. However, as there is no cash-in value at any time, you would not get any money back and you would not be entitled to the Plan Benefits. 21. If you want to arrange for another funeral provider to provide the funeral The Plan Benefits are valid at any funeral home that is part of Funeral Services Limited, participating registered societies or other co-operative societies and any other Funeral Director affiliated to Funeral Services Limited. If at any time you or the Plan Holder s Representative want to arrange for another funeral provider to provide the Plan Holder s funeral, then we have the right to cancel the Selected Plan and would have no further responsibilities to provide the Plan Benefits. The terms of Section 20 Cancelling your Selected Plan will apply. 22. Unclaimed money and Plan Benefits You or your Representative are responsible for claiming the Plan Benefits. If the Plan Benefits have not been claimed by your (or the Plan Holder s ) 110th birthday, or if we are told that you (or the Plan Holder ) may have died, then we may write to the last address we have for you, to attempt to determine whether you still intend to claim the Plan Benefits. If we do not receive any response within 56 days of writing, we will consider that your Representative has chosen not to claim the Plan Benefits. Under these circumstances, we have the right to cancel the Selected Plan and may keep any payments you have made. On an Event of Default we will become entitled to keep any payments you have made, subject to and in accordance with these Terms and Conditions and the terms of the Trust. 23. VAT Our Set Plans do not include Value Added Tax (VAT) because it is not currently charged on the items/services included in our Set Plans. Some items on a Tailor-made Plan do include VAT, according to the regulations set out by HM Revenue and Customs. The items on which VAT is payable are shown as such on the Application Form. We include VAT on the cost of any items on your Selected Plan for which VAT is currently payable. If Government policy changes and VAT is charged on all or any other part of the Plans in the future, including on the Instalment Charge, then we reserve the right to recover this cost from you or your Representative. Continued on back page
5 Definitions In these Terms and Conditions the following words have certain meanings. Application Form - means our Application Form that must be completed, signed and sent to us to buy your Selected Plan. Brochure - means an official Brochure produced by Funeral Services Limited, which contains details of a range of Plans and accompanying inserts setting out details of the Plans, including the Payment Arrangement. Cancellation Charge - means the fee (inclusive of VAT) that is charged by us if you are paying in full with a single payment or paying over a set period and the Selected Plan is cancelled after 30 days from the Start Date, either by us or you. This fee is not applicable if you have chosen to pay by Fixed Monthly Payments. Event of Default - means: (a) you are paying by Fixed Monthly Payments and either: (i) those payments are not kept up until the anniversary of the Start Date prior to the Plan Holder s 90th birthday or their death if sooner; or (ii) the Plan Holder dies within two years of the Start Date or (b) you terminate your Plan 30 days after the Start Date or (c) we terminate your Plan in accordance with the Terms and Conditions or (d) funeral services in respect of the Plan Holder are performed by a funeral director other than a Funeral Director participating in the Business and no Termination Event has taken place or (e) the period ending 12 months from the death of a Plan Holder expires without the Funeral Plan in respect of that Plan Holder being provided and no Termination Event has taken place or (f) the period ending 110 years from the date of birth of a Plan Holder expires without the Funeral Plan in respect of that Plan Holder being provided and no Termination Event has taken place or (g) the funeral in respect of a Plan Holder is held or to be conducted outside Great Britain or (h) the death of the Plan Holder results from (or we cannot meet our obligations because of) war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, terrorism, military or usurped power, riot or civil commotion. Funeral Director(s) - means the Funeral Director(s) at Funeral Services Limited who has been selected by you to deliver the Plan Benefits. Funeral Director Services and Fees - means the services and fees that are supplied by the Funeral Director. Only those Funeral Director Services and Fees specified in your Selected Plan are included in the Plan Benefits. Funeral Plan(s)/Plan(s) - means the various Funeral and Memorial Masonry Plans set out in the Brochure and as stated on the related Application Form. Funeral Plan Arrangement Requests (applies to Tailor-made Funeral Plans only) - means the requests you have recorded with the Funeral Director on the Application Form for a Tailor-made Funeral Plan relating to the details of your funeral arrangements. Funeral Plan Documents Folder/Plan Documents Folder - means the set of documents issued to the Plan Purchaser once the completed Application Form and the Payment Arrangement have been processed. Funeral Plan Summary/Plan Summary - means the document that will be sent to you when we have received and processed your completed Application Form and set up the associated Payment Arrangement. This Plan Summary details the Plan Benefits that will be provided, subject to the terms of the Plan, including the Payment Arrangement. Funeral Requests (applies to Set Plans only) - means any wishes that relate to the services already included within your Set Plan that you have detailed and registered with us regarding how you would like your Representative to personalise your funeral and any requests for additional services not included in your Set Plan which will need to be arranged and paid for by your Representative at the time of the funeral. Instalment Charge - means the amount that is charged in addition to the single payment price if you are paying over a set period greater than 12 months. Joint Tailor-made Plan - means a Tailor-made Plan which has two named Plan Holders, one of whom must be the Plan Purchaser, and which will provide the Plan Benefits for one of these two Plan Holders Payment Arrangement - means the method you have chosen to pay for your! Selected Plan along with the associated payment terms. These are outlined below and detailed in your Brochure. Paying in full with a single payment - means paying for your Plan in full at the time of taking out your Selected Plan. Paying over a set period - means paying towards your Selected Plan each month over a set number of months, including any Instalment Charge applicable for this facility. Fixed Monthly Payments - means the option referred to in Section 1 to pay for your Selected Plan on a monthly basis. Plan Benefits - means the funeral services that Funeral Services Limited will provide when you have met the terms of the Plan, including the Payment Arrangement. In the case of our Set Plans, the Plan Benefits are the items set out as specifically included in your Selected Plan in the Brochure and specified on your Funeral Plan Summary. In the case of our Tailor-made Plans, the Plan Benefits are those that are itemised and costed on the Application Form for your Tailor-made Plan, and specified on your Plan Summary. Plan Holder(s) - means the person(s) who is(are) covered by the Plan in the event of their death. The Plan Purchaser may also be a Plan Holder. Plan Purchaser - means the person who buys the Plan and is the person who has the contractual rights to and obligations for the Plan, including meeting the Payment Arrangement. The Plan Purchaser may also be a Plan Holder. Pre-paid Funeral Plan(s) - means the various Funeral and Memorial Masonry Plans set out in the Brochure and as stated on the related Application Form. Representative - means executor, trustee, personal Representative or other Representative who has been legally appointed and authorised to act on the behalf of the Plan Holder after their death. Selected Plan - means the Plan you have chosen to buy, either a Set Plan as detailed in the Brochure, or a Tailor-made Plan as detailed on the Application Form. Set Funeral Plan/Set Cremation Plan/Set Burial Plan - means one of our Set Plans that are detailed in the official Brochure. Start Date - means the date that your Selected Plan commences. This is shown on your Plan Summary. Tailor-made Plan - means a bespoke Funeral or Memorial Masonry Plan, only available through a Co-operative Group Funeral Director or The Fairways Funeral Planning Team. Termination Event - means the first to occur of the following: (a) any composition in satisfaction of our debts or scheme or arrangement of our affairs with our creditors (b) any scheme for our reconstruction or amalgamation save that this provision shall not apply if the current custodian trustee of the Trust is advised by us that such scheme of reconstruction or amalgamation does not affect or prejudice the continuing existence and operation of our Pre-paid Funeral Plan business (c) we enter into a creditors voluntary winding up (d) an order is made for our winding-up, administration or dissolution (e) a liquidator, receiver, administrative receiver, administrator or similar officer is appointed in respect of us other than for the purpose of a solvent reconstruction or amalgamation (f) our auditors for the time being certify in writing that we are unable for whatever reason to continue the operation of the Pre-paid Funeral Plan business (g) we enters into a members winding up which is subsequently converted to a creditors winding up. Third Party Charges (also known as disbursements ) - means the fees paid to third parties by the Funeral Director. Only those Third Party Charges specified in your Selected Plan are included in the Plan Benefits. Trust - means The Funeral Services Limited Funeral Plan Trust established by deed dated September 2014 Us/We - means Funeral Services Limited (30808R), a registered society under the Co-operative and Community Benefit Societies Act 2014 whose registered office is at 1 Angel Square, Manchester, M60 0AG. VAT registered Part of The Co-operative Group. You - means the Plan Purchaser. The Plan Purchaser may also be a Plan Holder. Model Cancellation Form - To: Customer Services, 12th Floor, The Fairways Funeral Planning Team, Funeral Services Limited, 1 Angel Square, Manchester M60 0AG. I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of sale of the following goods/for the supply of the following service [*] Ordered on: Received on: Name of consumers: Address of consumers: Signature of consumer(s) (only if this form is notified on paper): [*] Delete as appropriate
6 24. Change of Address If you move, you should advise us of your address change by writing to: FREEPOST RRYS-ESHE-RXHK The Fairways Funeral Plan - Funeral Planning Team 99X 12th Floor 1 Angel Square Manchester M60 0AG If you move house and have a Tailor-made Plan, you must contact your local Funeral Director or The Funeral Planning Team, as we may need to make changes to your Tailor-made Plan in order to deliver the Plan Benefits. 25. Complaints procedure If you have a complaint about your Selected Plan, please write to us at the following address: - The Fairways Funeral Plan Team 99X, 12th Floor, 1 Angel Square, Manchester, M60 0AG. If your complaint cannot be resolved by the end of the next working day, we will write to you within 5 working days of receipt, and then try to settle the complaint within 28 days. If we cannot respond to the issue within 28 days, we will contact you to explain why this has not been possible and when we will contact you again. If your complaint has not been resolved to your satisfaction, then contact should be made with the Funeral Planning Authority of which we are a registered member Tel The Authority provides an independent conciliation and arbitration service through the Chartered Institute of Arbitrators. 26. General Your payments in respect of your Plan are held on trust for you by us when we receive your payments and then by the custodian trustee of the Trust. Your payments are held on trust for you absolutely until we provide your Plan Benefits but subject always to the Terms and Conditions applying from time to time to your Plan. In the event of a Termination Event, the Trust will come to an end and the custodian trustee will take such steps as are necessary to return your payments (or the share in the trust fund they now represent) net of winding up costs to the Plan Holder or their Representative. You hereby agree that we can share your (or the Plan Holder s) details and the details of your Plan to the current custodian trustee of the Trust. These Terms and Conditions, together with the Brochure and your Application Form, make up the agreement between us and you concerning the Selected Plan and the funeral arrangements. They do not affect the rights you have as a consumer buying products and services. You agree with us that this agreement may be transferred to the Plan Holder in the event of your death before the Plan Holder if the Plan Holder notifies us accordingly; or if the Plan Holder and Plan Purchaser both so request and notify us accordingly. No other person (including the Plan Holder if this is not the Plan Purchaser or their Representative) has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any other rights these people may have. If any part of the agreement is not effective the rest of the agreement will still apply. English Law applies to this agreement. We will not pay any interest on the payments you make to buy your Selected Plan. You can write to us without charge by simply addressing your envelope: FREEPOST RRYS-ESHE-RXHK The Fairways Funeral Plan - Funeral Planning Team 99X 12th Floor 1 Angel Square Manchester M60 0AG The Funeral Planning Team Helpline number is in your Brochure. Terms and Conditions valid as at April The Funeral Plan contract is made between you and Funeral Services Limited (30808R), a registered society under the Co-operative and Community Benefit Societies Act 2014 whose registered office is at 1 Angel Square, Manchester, M60 0AG. VAT registered Part of The Co-operative Group. Printed using vegetable oil based inks on paper which is part recycled, Forest Stewardship Council certified and made in a carbon neutral and elemental chlorine free process. CLP /15_WEB
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