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OFFICES Click on any branch below for more details
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TERMS
AND CONDITIONS OF TRADING OF
W.A.
TRUELOVE
&
SON LIMITED
FUNERAL PLANS
1.
General
1.1 The
Truelove Funeral Plan is operated by NAFD Services Ltd (the Company) which
has been formed by the National Association (}f Funeral Directors of the
United Kingdom (NAFD). The object of the Plan is to provide a mechanism by
which individuals may arrange and pay for a funeral before death occurs.
1.2
Applications to purchase a Plan may be made only through a funeral directing
firm that is a member of NAFD and an Accredited Representative of the
Company.
1.3 These
Terms and Conditions are subject to English Law.
2.
The
Service
2.1 Any
details provided in the Plan literature are designed to give a general
description of the services and goods to be supplied. The Company will not
be liable for any change in specification but goods and services will be of
an equivalent quality and suitability.
2.2 The
service will always be provided in accordance with the recognised best
practice and to the highest standards in accordance with the Code of
Practice of NAFD as applicable.
3.
Securing a Truelove Funeral Plan
3.1 Having
selected the style and type of funeral and been informed of the cost of the
service, a formal application is made by completing the Purchase Agreement
and, through the funeral director, forwarding it together with the
appropriate remittance to the Company.
3.2 Receipt
of the formal Purchase Agreement and remittance implies that you
acknowledge:
a.
the
information contained in the Purchase Agreement is correct;
b.you
accept these Terms and Conditions; c. you wish to be admitted as a Plan
Holder.
3.3
If
the Company
accepts your Purchase Agreement (and it reserves the right not to do so) you
will receive a Certificate of Entitlement, together with confirmation that
you are a Truelove Funeral Plan Holder and a guarantee that the service will
be carried out at no further cost (subject to the provisions of Clauses 4.2,
4.4 &
5.4).
3.4 Your
certificate of Entitlement provided under Clause 3.3 should be kept in a
safe place as it will be required at the time of making the funeral
arrangements.
3.5 Should
your Certificate of Entitlement, or other relevant papers, be lost, copies
may be obtained from the Company, which reserves the right to make a charge
for this service.
4.
Exclusions
4.1 The
Company will not be liable to arrange or pay for a funeral unless the
CertifIcate of Entitlement is produced and the funeral is carried out by a
funeral director as specified in Clause 5.
4.2 The
Company will not be obliged to provide any items or services other than
those forming part of your Purchase Agreement. Any additional services that
may have been requested or required (for example, should you die abroad)
will be charged to your personal representatives by the funeral director.
In
such
cases the Company will carry out its obligations under the Plan so far as
possible provided that your personal representatives have confIrmed their
liability for any additional expense.
4.3 Some of
the services provided by a Truelove Funeral Plan have to be provided by
third parties (e.g. crematorium and cemetery authorities). While the Company
will use all due care in the use of such services it cannot accept
responsibility for any failure of such third parties to meet any particular
standard.
4.4 The
Truelove Funeral Plan guarantees to cover a rise in the total cost of the
amount paid toward third party costs in line with movements in the 'All
Items' UK measure of Retail Price Index (RPI) as produced by the Office of
National Statistics.
If,
however,
third party costs increase at a rate in excess of
RPI
movements
then you or your representatives must pay the balance. Third party costs
include all external payments which are outside the control of the funeral
director.
5.
Funeral
5.1 Your
funeral will normally be carried out by the funeral director (arranging
form) that calculated the cost by reference to your place of residence when
you submitted your Purchase Agreement.
5.2
If
you change
your place of residence you may nominate a different funeral directing mm to
carry out the funeral provided it is also a member of NAFD and an Accredited
Representative of the Company (the Company will provide you with a list of
Accredited Representatives).
5.3
If
a change in
your place of residence or the nomination or engagement of an alternative
funeral director by you or your personal representatives results in any
increase in the cost of the funeral, your personal representatives will be
liable for that additional expense in accordance with Clause 4.2.
5.4 The
Company may at any time nominate an alternative funeral director at no extra
cost to you if the arranging mm or any nominated in its place ceases to be a
member of NAFD or is unable to provide the requisite service for any reason.
Where no member mm exists the Company may, with your agreement or that of
your personal representatives, pay the relevant funds existing in the Fund
to a local funeral director so appointed to carry out that funeral. The
Company shall not, in such circumstances, be responsible for any shortfall
of costs that might arise.
5.5 You are
required to notify the Company if you change your usual place of residence.
6.
Truelove Funeral Plan
6.1 Monies
received by us for a Truelove Funeral Plan will be used to purchase a Whole
of Life Assurance Policy with Ecclesiastical Life Limited. The whole of the
life policy will be owned by the Company for the purpose of providing the
funeral. The policy ensures that the funds will be available to pay the
funeral director without further recourse to you or your personal
representatives (subject to the provision of Clauses 4.2, 4.4 and 5.4).
6.2 The
Truelove Funeral Plan and the Ecclesiastical Whole of Life Assurance Policy
together meet the requirements of Article 60(1)( a) of the Financial
Services and Markets Act 2000 (Regulated Activities) Order 2001.
7.
Refunds
7.1 Following
the period specified in Clause 10, below, refunds will be made following a
written request made by the Plan Holder.
7.2 Should
YQU
leave the
UK permanently, you will need to surrender the Plan as NAFD are unable to
provide the service outside the UK.
7.3 The amount
of refund payable will be your initial payment made less the Management Fee as
specified in your Purchase Agreement.
8.
Miscellaneous
8.1 At present,
in the United Kingdom, Value Added Tax (VAT) is not chargeable upon the
provision of a funeral. Should additional VAT become payable the Company
reserves the right to recover this cost from you or your personal
representatives.
8.2 A Truelove
Funeral Plan is personal to you and is not transferable.
8.3 Any
correspondence will be sent to whoever has been selected to receive it at the
address shown on the Purchase Agreement, unless a change of address has been
notified to the Company.
9.
Complaints
9.1 Should there
be any complaint regarding the quality of the service or the items supplied in
connection with a Truelove Funeral Plan, it should be referred in the first
instance to the funeral director and a copy of the complaint should, at the same
time, be forwarded to the Company.
10.
Right to Cancel
10.1 You have
the option within 14 days of signing the Purchase Agreement to cancel the
Agreement by retuning your copy together with your written notice that you wish
to cancel. Your payment will be refunded in full. This does not affect any
statutory rights applicable under English Law.
STANDARD TERMS
&
CONDITIONS FOR INSTALMENT PAYMENTS:
1.
The instalment
Payment Option is subject to the normal Terms and Conditions applicable to the
Plan Purchase Agreement and to the following additional terms.
2.
This is NOT an
insurance policy, and part payment does not in any way entitle a Plan to be
carried out in full. If an Instalment Payment Option is taken, the following
rules will apply:
a.
Full entitlement
under the Plan is only effective from the date of the fmal payment.
b.
If a funeral
arrangement is required BEFORE the final payment has been made, then the Plan
Holder or the Plan Beneficiary's representative(s) shall elect to:
(i)
Make full and fmal settlement of all remaining instalments
of all sums outstanding under the Plan. Upon such payment, all
arrangements
made under the Plan to which this Instalment Payment Option arrangement applies
will be deemed to be in force.
or
(ii) Receive a
refund of the sums already paid LESS the Management Fee as specified in your
Purchase Agreement.
c.
If Option 2b(ii)
is exercised, then the arrangements with W A Truelove
&
Son Ltd will be
deemed to be terminated, and
W A Truelove
&
Son Ltd will
have no further liability under the terms of that Plan. Any subsequent funeral
arrangements shall be made at the prices prevailing at the time they are made.
d.
In the absence
of payment under 2b(i) of the above within 14 days of the death of the Plan
Beneficiary, the Plan Beneficiary's representative(s) shall be deemed to have
made an election under 2b(ii).
3.
Upon completion
of this form the Plan Holder or Plan Beneficiary (whichever is applicable) shall
be contractually bound to make payment of the total amount payable, plus the
Management Fee, by way of Instalment payments; subject only to 2b above.
4.
All payments
shall be made to W A Truelove
&
Son Ltd
designated bankers by standing order.
5.
The Plan Holder
or Plan Beneficiary (whichever is applicable) may, upon giving written notice to
W A Truelove
&
Son Ltd be
entitled to make early settlement of outstanding instalments under the Purchase
Agreement. W A Truelove
&
Son Ltd shall,
upon receipt of a written request, provide a settlement figure for such early
settlement.
6.
Should the Plan
Holder or Plan Beneficiary (whichever is applicable) decide to terminate this
Agreement they should make written application to W A Truelove
&
Son Ltd. Refunds
may only be made upon application to, and with the approval of, the Directors of
W A Truelove
&
Son Ltd. Once
such a termination is approved by the Directors, W A Truelove
&
Son Ltd will
have no liability under the terms of that Truelove Funeral Plan Purchase
Agreement which shall become null and void. Subsequent funeral arrangements
shall be made at the prices prevailing at the time they are made.
7.
In the event of
an instalment due under the Plan not being made by the due date, after a period
of 15 working days has elapsed, subject to W A Truelove
&
Son Ltd having
used reasonable endeavours to notify the Plan Holder or the Plan Beneficiary
(whichever is applicable) of non-payment under this Agreement, then the Plan
Holder or Plan Beneficiary (whichever is applicable) will be deemed to have
elected to apply the provisions of 2b(ii) above.
8.
The Truelove
Funeral Plan guarantees to cover a rise in the total cost of the amount paid
towards third party costs in line with movements in the 'All Items' UK measure
of Retail Price Index (RPI) as produced by the Office for National Statistics.
If, however, third party costs increase at a rate in excess of RPI movements
then you or your representatives must pay the balance. Third party costs include
all external payments which are outside the control of the funeral director.
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