Funeral Bond Terms and Conditions

Clydebank Co-operative Funeral Directors 

Clydebank Co-operative Society Limited

 

Funeral Bond Terms and Conditions

In these Terms and Conditions the following definitions shall apply except when otherwise required by the context:

  • Selected Bond: means the specific Clydebank Co-operative Funeral Bond you are purchasing subject to these terms.
  • Application Form: means the application form you should complete and forward to us to purchase your selected Funeral Bond.
  • Brochure: means our official brochure or literature setting out details of Funeral Bonds.
  • Disbursements: means charges by third parties over which we have no control. These include (but are not limited to) doctor’s fees, church fees, minister’s fees, organist’s fees, choir fees and the cost of a burial plot.
  • Funeral Bonds: means the Clydebank Co-operative Funeral Bonds set out in the brochure together with any Bespoke Plan (if applicable) set out in the Application Form.
  • Bond Benefits: means the funeral arrangements and benefits we will provide subject to these terms when you have paid for your selected Funeral Bond and which are set out in our brochure or in the case of a Bespoke Bond, in the Application Form.
  • Us/we: means Clydebank Co-operative Society Limited, an Industrial and Provident Society registered in Scotland with number RS1278S and whose Registered Office is 2 Sylvania Way South, Clydebank, G81 1EA
  • Certificate: means the Certificate which we will provide when you have paid for your Bond in full.
  • Price: means the specific price of your selected plan as stated in the Brochure or Application Form.
  • Representatives: means executors, trustees, personal representatives or other representatives who are lawfully appointed and authorised to act on your behalf (or the Nominee’s behalf if appropriate) after death.
  • Payment Arrangement: means the specific payment arrangement you have selected to pay for your Bond (details of which are set out in the brochure, or in the case of Bespoke Bonds, in your Application Form) and which you agree to keep to.
  • Bespoke Bond: means our Bespoke Bond
  • You: means the Applicant
  • Nominee: means the person named on the Application Form

 

Terms (Revised August 2010)

  1. Application Form

By submitting the Application Form to us you are agreeing to purchase your selected Funeral Bond from us subject to these terms. To receive the Bond Benefits you must pay for your selected Bond in full in accordance with these terms.

 

  1. Issue of Certificate

Once you have paid the Price of the selected Bond in full in accordance with the Payment Arrangement, we will issue you with the Certificate. If you lose or destroy the Certificate you must notify us immediately in writing and we will issue you with a duplicate Certificate for which we may make a reasonable charge for its issue. If you fail to keep to the Payment Arrangement at any time then we may cancel the selected Funeral Bond and return the monies you have paid us under the Payment Arrangement to you less an administration charge of £150.

 

  1. Amendment/Purchase of Alternative Bond

Save where your Selected Funeral Bond is a Bespoke Bond, the Plan Benefits may not be varied or amended (whether by the addition or removal of individual items/benefits or otherwise) In the case of a Bespoke Bond only, we may, at our absolute discretion, agree to variations to the Bond Benefits that you request in writing. Please note that we are entitled to charge for any such variations and that they will not be binding on us unless we have confirmed our agreement to them. You must send any Certificate you have received to us (or any duplicate Certificate) when you make such a request. We may, at our absolute discretion, agree to a written request by you to purchase an alternative Funeral Bond in place of the Selected Bond (e.g. as an ‘upgrade’ or ‘downgrade’). Such agreement will be subject to such additional terms (including without limitation, terms relating to payment) as we reasonably require. You must send any Certificate you have received to us (or any duplicate Certificate) when you make such a request.

 

  1. Great Britain and Northern Ireland only

The Bond Benefits apply only to funerals to be conducted on the mainland of Great Britain and in Northern Ireland. If death occurs or a funeral is required outside of those areas we reserve the right either to refund the sums you have paid to you or your Representative (as appropriate) without further obligation or to provide funeral services for an additional fee to be agreed at the time (please refer to article 14 re additional transport charges).

 

  1. Availability

The passage of time and/or changes in personal circumstances may unavoidably affect the availability of certain arrangements, e.g. specified burial plots you have requested. If this happens, it may be necessary for us to provide reasonable alternative location/services and/or to instruct reputable agents to conduct arrangements on our behalf. In the event that you or your Representatives do not agree to such alternative arrangements, then we will cancel the Selected Bond and will return all monies you have paid to us under the Selected Bond within fourteen days of notification of cancellation.

 

  1. Administration Fee

The Funeral Bond includes an administration fee of £150.00.

 

  1. Cancellation

You may cancel your Selected Bond at any time up to your death (where you are purchasing the Bond for your own benefit) or the death of the Nominee. If you wish to cancel your Selected Bond, you must give us written notice and (where a Certificate has been issued) you must send this Certificate (and any/or duplicate) to us. We will not be able to return any monies to you unless we receive your Certificate. All monies that we have received from you in payment of the Selected Bond will then be repaid to you less the administration fee. If you cancel within thirty days of submitting the Application Form, then we will waive this fee. Your representative cannot cancel the Selected Bond following your death. In the event that you or your Representatives arrange for another funeral provider to provide your funeral or the Nominee’s funeral, or If we are unable to conduct the funeral because of circumstances outwith our control e.g. war, riot; then we reserve the right to cancel the Selected Bond and to repay all monies you have paid to us under the Selected Bond back to you or your Representatives within fourteen days of our giving you notification of cancellation.

 

  1. Complaints Procedure

If you have a complaint in relation to your Selected Bond, please write in the first instance to The Funeral Service Manager, Clydebank Co-operative Society Limited, 11 Hume Street, Clydebank, G81 1XL. We will endeavour to resolve any complaint but, if you remain unsatisfied then reference may be made to the National Association of Funeral Directors, 618 Warwick Road, Solihull, West Midlands, B91 1AA or the Funeral Planning Authority, FPA, Barham Court, Teston, Maidstone, Kent ME18 5BZ, tele 0345 601 9619 info@funeralplanningauthority.co.uk

 

  1. Provision of Bond Benefits

We are not obliged to provide any of the Bond Benefits until the Selected Bond is fully paid in accordance with the Payment Arrangement (except in the case of part-paid Selected Bonds which may be paid as set out in these Terms and Conditions). Accordingly, after death you or your Representatives must present: (1) the Applicant’s or Nominee’s death certificate and (2) surrender the Bond Certificate (or a certified duplicate Certificate) to us (at the address stated on the Certificate) as proof of payment before any Bond Benefits are provided. We will not be able to provide the Bond Benefits unless the Certificate has been presented and surrendered to us.

 

  1. Payment

You must pay the Price in accordance with the Payment Agreement. We currently recommend payment by cheque, standing order, debit card or credit card. Where you have elected to pay the Price in instalments, we reserve the right to have a third party collect or receive those payments on our behalf.

 

  1. Part Paid Selected Bonds

Upon your death or the death of the Nominee if the Selected Bond has not been fully paid, you or your Representative can pay the outstanding amount as a lump sum and we will issue a Certificate to you or to them as proof of payment. This must be done prior to arranging the funeral. If this is not done then we are unable to provide the Bond Benefits. You or your Representatives may alternatively opt to cancel your Selected Bond in these circumstances by notifying us in writing, in which case we will return all monies you have paid under the Selected Bond less an administration fee of £150.

 

  1. Value Added Tax (VAT)

Currently no VAT is chargeable in relation to your Selected Bond. Should VAT legislation change, we must reserve the right to recover such sums from you or your Representatives.

 

  1. Cremation Funeral

Where your Selected Bond includes cremation, the Bond Benefits include: (1) the cremation fees payable to the local crematorium; (2) the doctor’s fee payable for completion of Statutory cremation certificates B & C (up to the maximum amount defined by the British Medical Association). The Bond Benefits will not cover any charges imposed for crematorium music, Minister’s or clergy fees, an organist, a choir, out-of-hours services or doctor’s fees in excess of recommended levels which are the responsibility of, and must be paid by, you or your Representatives. The Bond Benefits will not cover any additional ‘non resident charges’ imposed by local authorities unless agreed by us on the Selected Bond/Application Form or additional charges imposed by local authorities for funerals conducted on a Saturday or Public Holiday which are the responsibility of, and must be paid by, you or your Representatives.

 

  1. Burial Funeral

Where you choose a burial under our Bespoke Bond your Selected Bond will cover a rise of up to 25% in the Total Cost of the Disbursements you require – calculated from the date you selected your Selected Bond until the date of arranging your funeral. So, for example, if the total cost of all the Disbursements is £1000 at the time you chose your Selected Bond then we will pay the costs of these Disbursements (but not any additional or alternative Disbursements) up to a value of £1250 at the time the funeral is arranged, however, if the increase in the cost of your Disbursements exceeds 25% then the excess must be paid for by you or your Representatives The Bond Benefits will not cover any additional ‘non resident charges’ imposed by local authorities unless agreed by us on the Selected Bond/Application Form or additional charges imposed by local authorities for funerals conducted on a Saturday or Public Holiday which are the responsibility of, and must be paid by, you or your Representatives .

 

  1. Additional Charges

We reserve the right to impose reasonable additional charges for the (1) the removal of artificial mechanisms, e.g. pacemakers and limbs, and (2) to reflect the impact of any regulatory or legislative requirements relating to our performance of the Bond Benefits. Please note we agree to transport the deceased a maximum of 20 miles only. If transport in excess of 20 miles is requested then we will be entitled to impose reasonable mileage charges for that excess.

 

  1. General

These Terms and Conditions, together with the Brochure and your Application Form constitute the agreement between us and you regarding the Selected Bond and the funeral arrangements to which they refer. They do not affect your Statutory Rights. A person who is not party to this agreement (including without limitation, the Nominee or their Representatives) shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This shall not affect any right or remedy of any person arising otherwise than under that Act. If any part of this Agreement proves ineffective the remainder shall not be prejudiced. This agreement shall be governed by and construed in accordance with Scottish Law and the Court of Scotland shall have non-exclusive jurisdiction to hear all disputes arising in connection with the Agreement.

There is no interest payable to you in respect of monies used to purchase your Selected Bond whether fully paid, cancelled or redeemed.

 

  1. Data Protection Act

The information on this application form will be held by Clydebank Co-operative Society Limited in accordance with the Data Protection Act for the purposes of administration and business analysis. We will pass details to Co-operative Insurance Society Limited (CIS) solely for the purposes of enabling them to issue a policy to us on the life of the person for whom the funeral is being arranged. CIS will take it that the consent on any Nominee has been obtained by the applicant.

 

Cancellation of Contracts

You can download the “Notice of the Right to Cancel” document here.