Terms & Conditions of Business

1. Introduction and Contract

1.1 Parties

These terms govern the supply of funeral goods and services by Memories Funeral Service Ltd ("Memories", "we", "us" or "our") to the person or persons instructing us ("the Client" or "you").

1.2 Formation of Contract

A contract is formed when we accept your instructions to provide funeral services. Acceptance may be confirmed by a signed arrangement form, written acceptance of our quotation or another clear agreement to proceed.

The written Estimate of Charges identifies the services selected, their anticipated costs and the applicable payment arrangements.

We will bring these terms to your attention before you are bound by the contract and make them available in a form you can retain.

1.3 Entire Agreement and Variations

The contract comprises these terms, the accepted estimate, the agreed service description and any subsequent written variations agreed by both parties.

Where there is a conflict, a specific written term agreed for your funeral will take precedence over a general provision in these terms, unless prohibited by law.

1.4 Legal Rights

We will provide our services with reasonable care and skill, in accordance with applicable consumer legislation.

Nothing in these terms removes or restricts rights which cannot lawfully be excluded.

2. Authority and Responsibility

2.1 Authority to Instruct

You confirm, to the best of your knowledge, that you are entitled to instruct us in relation to the funeral and to make the decisions required.

You agree to inform us promptly of any known dispute concerning the funeral arrangements, the right to make decisions, burial or cremation, or the disposition of cremated remains.

We may request reasonable evidence of authority and may temporarily suspend disputed arrangements while the position is clarified.

2.2 Family Disputes

We are not appointed to resolve disputes between relatives, executors or other parties.

Where conflicting instructions arise, we may seek clarification, require written agreement or await an appropriate legal determination before proceeding.

We will act reasonably, taking account of the deceased person's dignity, legal requirements and our continuing duty of care.

2.3 Responsibility for Payment

The person entering into the funeral contract is responsible for the agreed charges, unless a different written agreement has been made.

Where two or more people expressly enter into the contract as Clients, they will be jointly and severally responsible for the agreed charges, provided this responsibility has been clearly explained and accepted.

2.4 Information Provided

You agree to provide accurate information to the best of your knowledge concerning the deceased, medical devices, personal effects, relevant religious or cultural requirements, and any other matters necessary for the safe and lawful funeral.

3. Scope of Services and Third Parties

3.1 Agreed Services

We will provide the funeral goods and services set out in your accepted Estimate of Charges, subject to applicable legal requirements and availability.

Items not expressly included in the estimate are not included in the agreed price.

3.2 Third-Party Providers

Funeral arrangements may involve crematoria, cemeteries, ministers, celebrants, florists, printers, musicians, transport providers and other independent suppliers.

We will identify third-party charges wherever reasonably possible and explain whether we are supplying the service ourselves or arranging services from another provider.

We will exercise reasonable care and skill when selecting, instructing and coordinating third-party suppliers.

We cannot guarantee that an independent supplier will always be available or that circumstances outside our reasonable control will not affect their services.

Nothing in this provision excludes responsibility that we owe you under law, including responsibility for services we have contracted to provide.

3.3 Changes and Additional Costs

Any requested additions or material changes will be discussed with you before they are undertaken.

We will seek your agreement to any additional charges, except where immediate action is reasonably necessary to meet a legal obligation or prevent a significant health and safety risk.

4. Care of the Deceased

4.1 Bringing the Deceased Into Our Care

We will arrange collection and transfer into our care in accordance with the instructions and services agreed with you.

Collection may depend on the deceased being formally released by a hospital, coroner, care provider or another person or authority responsible for their release.

Our standard charge for a collection undertaken on a Client's instruction is £300, where this service is charged separately under the agreed funeral arrangements.

Where collection is included within an agreed funeral package, the applicable package price and terms will apply.

4.2 Care and Preparation

We will care for the deceased with dignity and respect, using appropriate professional procedures and facilities.

The condition of the deceased, passage of time, medical circumstances and other factors may affect what preparation or viewing arrangements are possible.

We will discuss any material limitation with you sensitively and explain available options.

4.3 Clothing and Personal Property

Clothing and effects received with the deceased will be handled with reasonable care.

Where practicable, personal effects will be recorded and managed in accordance with your instructions.

Clothing that is heavily soiled, contaminated or otherwise unsuitable for retention may need to be disposed of safely.

Please notify us promptly about jewellery, valuables or other items you wish to be retained or returned.

4.4 Size, Weight and Safe Handling

Funeral arrangements are priced on the basis of the size, weight and operational requirements reasonably anticipated when the estimate is prepared.

Additional equipment, staff, transport or a specially manufactured coffin may be necessary in some circumstances.

Where practicable, we will explain the requirement and obtain agreement to any additional cost before proceeding.

We reserve the right to use a wheeled bier or other appropriate handling equipment where shoulder carrying would be unsafe or unsuitable.

5. Coffin Specifications and Additional Requirements

5.1 Standard Dimensions

The standard coffin allowance used in our pricing is based on internal dimensions of:

• Length: 6 feet 2 inches
• Width: 22 inches
• Depth: 13 inches

These measurements relate to the standard coffin specification and are not a guarantee that a particular coffin will be suitable in every case.

5.2 Larger or Specialist Coffins

Where a larger coffin or additional reinforcement is required, additional charges may apply.

Our dimensional charge schedule is:

• £20 per additional inch required in any dimension.
• £60 for coffin reinforcement where required.

Final dimensions can only be confirmed once appropriate measurements have been taken.

Any additional charge will be explained before a specialist coffin is ordered.

5.3 Crematorium and Burial Restrictions

Crematoria and cemeteries impose their own requirements concerning coffin dimensions, construction, materials and safe handling.

A venue may refuse a coffin that exceeds its operational limits or does not meet its safety requirements.

We will check relevant restrictions and discuss alternatives with you if necessary.

Additional charges arising from required changes will be explained and agreed wherever reasonably possible.

6. Keepsakes and Personal Requests

6.1 Locks of Hair and Fingerprints

Where requested and appropriate, we may be able to obtain locks of hair, fingerprints or other agreed keepsakes.

We will use reasonable care when carrying out these requests, but the deceased person's physical condition may affect whether an acceptable keepsake can be obtained.

We cannot guarantee the quality or availability of a keepsake where factors beyond our reasonable control make it impracticable.

6.2 Requests Before Cremation or Burial

Please notify us as early as possible of any request to retrieve personal effects or take a keepsake.

Items may become irretrievable after coffin sealing, cremation or burial.

6.3 Jewellery and Objects

We will follow agreed instructions regarding jewellery and other objects, subject to applicable crematorium rules, safety requirements and legal restrictions.

7. Medical Devices, Implants and Safety

You must tell us, to the best of your knowledge, whether the deceased had a pacemaker, defibrillator, implantable drug-delivery device, battery-operated implant or other potentially hazardous medical device.

Certain devices may need to be removed or made safe before cremation.

Any necessary procedure will be carried out by a suitably competent person using appropriate methods and safeguards.

We may need to delay a cremation until relevant information, clearance or required safety procedures have been completed.

8. Cremated Remains (Ashes)

8.1 Instructions

Where we are instructed to collect cremated remains following a cremation, we will arrange their collection and care in accordance with the crematorium's procedures and your written instructions.

The person authorised to give instructions regarding ashes must be clearly identified on the relevant forms.

8.2 Free Storage Period

Cremated remains held by Memories will be stored without charge for the first 12 months following cremation.

8.3 Storage After 12 Months

If ashes remain uncollected after 12 months, a storage fee of £100 per year, or part of a year, may apply.

We will provide reasonable notice of applicable storage charges and an opportunity to arrange collection before further charges accrue.

8.4 Collection and Authorisation

We may require identification and written authorisation before releasing ashes to another person.

We may decline to release ashes where there is a genuine dispute over entitlement until the matter has been resolved.

8.5 Long-Term Uncollected Ashes

If ashes remain uncollected for three years, we will make reasonable efforts to contact the authorised person using the information available to us.

We may send a final written notice explaining the options available and requesting instructions.

Any subsequent scattering or other disposition will only take place where lawful, properly authorised and consistent with applicable cremation instructions or requirements.

We will maintain appropriate records of the final disposition.

9. Essential Funeral — Service Restrictions

Our Essential Funeral is a defined, lower-cost attended funeral option with specific arrangements and restrictions.

The price is based on the service being delivered in the manner described below. It does not provide the same flexibility as a bespoke or traditional funeral.

9.1 Location of the Funeral Service

The attended funeral service must take place at Stockport Crematorium using the arrangement agreed for the Essential Funeral.

The coffin will be placed on trestles for the service.

The package does not include a separate service at another venue, including a church, home or additional place of ceremony.

9.2 Cremation Following the Service

Under the Essential Funeral arrangement, the attended service and the cremation take place separately.

Following the service at Stockport Crematorium, the deceased will be conveyed for cremation at Manchester or Macclesfield Crematorium.

Cremation will normally take place on the next available working day, subject to the receiving crematorium's availability and completion of all required authorisations.

The family cannot select an alternative crematorium under this package, nor be present at the committal at the alternative crematorium.

9.3 Funeral Staff and Coffin Handling

The package includes a limited number of funeral staff appropriate to the agreed service.

It does not guarantee a full traditional bearer team or shoulder carrying of the coffin.

A wheeled bier or other suitable equipment may be used where appropriate, including for health and safety.

9.4 Funeral Transport and Route

The package provides for the essential transport arrangements required to deliver the agreed service.

Additional processions, multiple collection points, extended routes or separate funeral locations are not included.

9.5 Arrangement Appointments

Arrangement appointments for the Essential Funeral are available during our normal office hours.

Out-of-hours arrangement appointments are not included in this package.

9.6 Additional Services

The Essential Funeral is supplied as a defined package.

Additional chargeable extras and changes to the specified funeral arrangements are not available within the package.

If you require additional funeral vehicles, a different venue, an extended service or other bespoke arrangements, we can provide a separate quotation for an appropriate alternative funeral.

9.7 Operational and Legal Requirements

The package remains subject to the necessary medical, legal, administrative and crematorium authorisations.

Where exceptional circumstances make the published Essential Funeral arrangements unsuitable or impracticable, we will explain the position and discuss available alternatives before agreeing changes.

No material alteration to the agreed service or price will be imposed without proper explanation and, where required, your agreement.

10. Personal Information and Privacy

10.1 Personal Data

We process personal information in accordance with applicable UK data protection law, including the UK GDPR and Data Protection Act 2018.

10.2 Purposes of Processing

We use relevant information to make funeral arrangements, meet legal obligations, communicate with authorised parties, maintain business records and administer our contractual relationship.

10.3 Sharing Information

We may share information with crematoria, cemeteries, officiants, healthcare providers, authorities, suppliers and others where necessary and supported by an appropriate legal basis.

We do not treat all funeral details as automatically public. Information will be disclosed only where appropriate, authorised or otherwise lawful.

10.4 Retention

Records will be retained for periods appropriate to their purpose, applicable legal requirements and legitimate business needs.

Different categories of information may be subject to different retention periods.

10.5 Privacy Information

Further information about how personal data is handled is available in our website Privacy Policy or on request.

11. Cancellation and Changes

11.1 Statutory Cancellation Rights

Where a funeral contract is concluded by telephone, online or away from our business premises, statutory cancellation rights may apply under the Consumer Contracts Regulations 2013.

Where applicable, the standard cancellation period for a service contract is 14 days from the date the contract is entered into.

We will provide the required cancellation information where the regulations apply.

11.2 Requesting Immediate Work

Funeral arrangements frequently need to begin before a 14-day cancellation period has ended.

Where the regulations require it, we will obtain your express request for services to commence during that period.

If you subsequently cancel, we may be entitled to charge a proportionate amount for services supplied up to cancellation, in accordance with applicable law.

Where a service has been fully performed during the cancellation period, cancellation rights may end if all required conditions and acknowledgements have been met.

11.3 Bespoke Goods

Statutory cancellation rights may differ for goods made to your specification or clearly personalised.

We will explain relevant restrictions before ordering such goods.

11.4 Cancellation Outside a Statutory Period

If you cancel arrangements outside an applicable statutory cancellation period, we will provide an explanation of any reasonable charges resulting from work carried out, non-recoverable third-party commitments and other recoverable losses, subject to applicable law.

Charges will not operate as an excessive or disproportionate penalty.

11.5 Changes to Arrangements

Changes requested after arrangements have been confirmed may affect availability, supplier commitments, costs and the funeral date.

We will explain any material consequence before implementing a change.

11.6 How to Cancel

You may notify us of cancellation using a clear statement by email, post or another agreed method.

We will acknowledge the cancellation, explain any applicable charges and account for payments received.

11.7 Transfer to Another Funeral Director

Where a Client instructs Memories and subsequently decides to transfer the funeral arrangements to another funeral director, the Client remains responsible for services properly provided, work undertaken and reasonable costs incurred up to cancellation or transfer.

These may include collection and transportation of the deceased, care and accommodation, preparation of documentation, administrative work, and goods or third-party services already ordered or supplied.

The standard collection charge for a family instruction is £300 where separately applicable under the agreed arrangements.

We will provide an itemised account of applicable charges. Our normal practice is to request that the incoming funeral director settles the outstanding account with Memories and then recovers the relevant charges from the Client under their own arrangements.

An incoming funeral director will only become directly responsible for our account where they have agreed to assume that responsibility.

If the incoming funeral director does not agree to do so, responsibility for properly recoverable charges remains with the original Client.

We will cooperate reasonably to facilitate the safe and dignified transfer of the deceased.

Charges will reflect actual work undertaken and legitimate recoverable costs rather than operate as a penalty for choosing another provider.

Further information is set out in section 18.

12. Payment Terms

12.1 Estimates and Invoices

We will provide a written estimate showing the funeral services selected and anticipated third-party charges.

A final invoice will be issued when the applicable charges are confirmed. Any material differences will be explained.

12.2 Advance Payments

We may require some or all agreed charges to be paid in advance, according to the funeral type and the individual payment arrangement.

Advance payment requirements will be explained before the funeral contract is confirmed.

12.3 Funeral-Specific Payment Terms

12.4 DWP Funeral Expenses Payment

We have experience assisting families who are applying for a Funeral Expenses Payment from the Department for Work and Pensions.

We can explain the claim process, assist with relevant funeral documentation and discuss the likely payment arrangements.

Where we have expressly agreed to proceed on the basis of an anticipated DWP payment, we may agree to await receipt of that payment rather than requiring the anticipated amount upfront.

Any estimated shortfall, deposit or other contribution payable by the Client will be discussed and agreed before arrangements are confirmed.

A DWP award is not guaranteed, and the actual award may be less than anticipated.

Unless expressly agreed otherwise, the Client remains contractually responsible for funeral charges not covered by a DWP payment.

Where payment is made directly to Memories by the DWP, that amount will be credited to the funeral account.

Any overpayment will be refunded to the person properly entitled to receive it, after reconciliation of the account.

12.5 Payment by an Estate or Third Party

Where payment is anticipated from a deceased person's estate, solicitor, insurer or another third party, please notify us before arrangements are made.

Unless we have expressly agreed otherwise in writing, responsibility for payment remains with the Client who contracted with Memories.

12.6 Final Balance

Unless a different payment date is stated in the accepted estimate or agreed in writing, any balance outstanding following the funeral is payable within seven calendar days of the final invoice.

12.7 Late Payment and Recovery Charges

Where an invoice remains unpaid after its agreed payment date, Memories Funeral Service Ltd reserves the right to charge interest on the outstanding balance at a rate of 8% per annum, calculated daily on a simple, non-compounding basis from the date payment becomes overdue until the date payment is received.

A £20 administration fee may also be charged where a formal written payment reminder becomes necessary.

This administration fee will not be charged more than once in respect of the same overdue invoice and will only be applied where it reasonably reflects recoverable administrative costs.

Interest and administration charges will be applied reasonably, proportionately and only where legally enforceable.

Where payment difficulties arise, we encourage Clients to contact us promptly so that their circumstances can be discussed.

Memories reserves the right to pursue recovery of outstanding sums through appropriate legal proceedings where necessary.

We may also seek court fees, interest or recovery costs where lawfully recoverable.

Nothing in this section restricts any statutory right to dispute an invoice or challenge a charge.

12.8 Methods of Payment

Payments must be made in pounds sterling. We accept payment by bank transfer and card, subject to the payment details provided.

13. Liability, Delays and Events Outside Our Control

13.1 Our Responsibilities

We will perform our services with reasonable care and skill.

We remain responsible for failures in the services we have agreed to provide to the extent required by law.

13.2 Funeral Dates and Availability

Proposed dates and times are subject to confirmation by the relevant crematorium, cemetery, officiant and other parties involved.

A funeral date is not guaranteed until the necessary booking and legal requirements have been confirmed.

13.3 Events Beyond Reasonable Control

Funeral arrangements may be affected by events outside our reasonable control, including severe weather, emergency road closures, public authority restrictions, delayed medical documentation, industrial action or other significant disruptions.

Where such an event occurs, we will take reasonable steps to reduce disruption, keep you informed and discuss suitable alternatives.

13.4 Legal Limitations

Nothing in these terms excludes or restricts liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

These terms do not remove any remedy available to you under the Consumer Rights Act 2015 or other applicable legislation.

14. Goods, Materials and Ownership

Goods supplied as part of a funeral will correspond with the agreed description and applicable consumer rights.

Where appropriate and lawful, ownership of separately supplied goods may remain with Memories until payment has been made in full.

This provision does not authorise the withholding of cremated remains or override legal requirements governing the care and disposition of the deceased.

15. Photography, Recording and Publicity

15.1 Operational Photography

Memories may take photographs or maintain visual records where reasonably necessary for operational purposes, identification, record keeping, quality assurance, safeguarding or the proper delivery of funeral services.

15.2 Promotional Photography

Memories may photograph funeral arrangements, including funeral vehicles, coffins, floral tributes, venues, orders of service and other visual elements, for use in our website, social media, printed literature, advertising and other promotional materials.

Where photographs show only our own property, equipment or arrangements and contain no identifiable personal information, such images may be used for legitimate business purposes, subject to applicable law and any relevant agreements.

15.3 Consent for Identifiable Material

Where photographs or recordings identify living individuals or contain personal information, we will establish an appropriate lawful basis for their use.

Where consent is required, we will obtain it separately from the general acceptance of these Terms and Conditions.

We will not assume that arranging a funeral automatically gives permission to publish identifiable family members, mourners, private correspondence or sensitive personal information.

15.4 Family Preferences

We recognise that families may have different preferences about photography.

If you do not wish particular funeral arrangements or personal items to be photographed for promotional purposes, please tell us.

We will take reasonable steps to respect your wishes and any applicable legal requirements.

15.5 Withdrawal and Removal Requests

Where consent has been given for the use of personal data, it may be withdrawn in accordance with data protection law.

Requests to remove previously published material will be considered promptly and dealt with in accordance with applicable legal requirements.

16. Complaints and Disputes

16.1 Raising a Concern

If you are dissatisfied with any aspect of our service, please contact us as soon as reasonably possible so we have an opportunity to investigate and respond.

Complaints can be made by telephone, email, letter or in person.

16.2 Our Response

We will acknowledge your complaint, consider the circumstances fairly and provide a response within a reasonable period.

Where additional investigation is required, we will keep you informed of progress.

16.3 Resolving Disputes

We will seek to resolve complaints directly wherever possible.

Nothing in this section restricts your right to seek independent advice, contact Trading Standards or pursue any legal remedy available to you.

17. Severability, Governing Law and Changes

17.1 Severability

If a provision of these terms is found to be unlawful or unenforceable, that provision shall not prevent the remaining lawful provisions from continuing to apply, insofar as they can properly operate independently.

17.2 Governing Law

These terms are governed by the laws of England and Wales, subject to any mandatory consumer protections that apply.

17.3 Changes to Terms

We may update our published terms from time to time.

Changes will not retrospectively alter an existing contract without lawful justification or the necessary agreement.

17.4 Statutory Rights

Nothing in these terms excludes or restricts your statutory consumer rights.

18. Professional Work and Transfers to Other Funeral Directors

18.1 Services Provided to Funeral Professionals

Memories Funeral Service Ltd may provide collection, transportation, accommodation, care of the deceased, mortuary services and other professional services to funeral directors and funeral-related organisations.

Where another funeral director or funeral organisation directly instructs Memories, the applicable professional or trade charges will apply in accordance with the terms agreed when the instruction is accepted.

A separately agreed business-to-business contract will take precedence where one exists.

18.2 Family Transfers After Instructing Memories

Where a family has instructed Memories Funeral Service Ltd and subsequently chooses to transfer the funeral arrangements to another funeral director, this does not cancel the Client's responsibility for charges properly incurred under their contract with Memories.

The Client remains responsible for reasonable, properly recoverable charges attributable to services already provided, work undertaken, goods supplied or ordered, and legitimate third-party commitments made before the transfer.

Such charges may include, where applicable:

• Collection and transportation of the deceased.
• Care and accommodation of the deceased while in our care.
• Preparation, care and professional services already undertaken.
• Administrative work and funeral arrangements carried out before cancellation.
• Goods specially ordered, personalised or supplied.
• Non-recoverable third-party costs properly incurred with the Client's authority.
• Any separately agreed services reasonably required to facilitate the transfer.

Our standard charge for collecting a deceased person on a Client's instruction is £300, where separately applicable under the agreed arrangements.

The subsequent appointment of another funeral director does not automatically replace a previously agreed consumer collection charge with our separate professional trade rate.

18.3 Accounts and Payment Following a Transfer

We will calculate the account by reference to the agreed charges, services actually supplied, work undertaken and legitimate, recoverable costs incurred.

We will provide an itemised statement of the applicable charges.

Our normal practice is to forward the outstanding account to the newly appointed funeral director and request that they settle the charges directly with Memories as part of taking over the arrangements.

The incoming funeral director may then recover those charges from the Client as part of their own funeral account, subject to the terms agreed between them.

The incoming funeral director is directly responsible for the payment only where they have expressly agreed to assume that responsibility.

Where the incoming funeral director does not agree to assume responsibility for payment, the Client remains responsible for properly recoverable charges under the original contract with Memories.

A transfer does not entitle Memories to charge for funeral services not provided, or to impose a disproportionate penalty simply because the Client chooses another funeral provider.

18.4 Professional Collections on Behalf of Other Funeral Directors

Where Memories Funeral Service Ltd is instructed directly by another funeral director or funeral organisation to collect and transport a deceased person on its behalf, our professional trade charging arrangements apply.

We recognise the importance of supporting fellow independent funeral directors and may offer preferential trade rates to independent funeral businesses, particularly those based outside our local area who require assistance with a collection.

Any preferential or discounted rate will be agreed individually before the collection takes place.

Where an established working relationship or separate trade agreement exists, the agreed rates and terms of that arrangement will apply.

The instructing funeral director or funeral organisation is responsible for paying the agreed professional charges, unless alternative arrangements have been expressly agreed in writing.

We will confirm the applicable trade charge when accepting the instruction.

Additional charges may apply where specialist equipment, additional personnel, extended travel or other exceptional requirements are necessary.

Such charges will be explained and agreed wherever reasonably practicable before the work is undertaken.

18.5 Transfers to Pure Cremation

For clarity, where a family previously instructed Memories and subsequently appoints Pure Cremation to conduct the funeral, our usual transfer and accounting arrangements apply.

We will provide an itemised statement of charges incurred under the original contract and request that Pure Cremation settles the outstanding account as part of taking over the arrangements.

Where Pure Cremation separately instructs Memories to provide a professional collection or transportation service, our standard trade rate of £650 per collection applies, subject to acceptance of the instruction and any separately agreed terms.

Where the original instruction came directly from the family, the amount recoverable from the Client remains governed by the original contract, the services supplied and applicable consumer law.

The appointment of Pure Cremation does not automatically make it responsible for the original Client's unpaid account unless it agrees to assume that liability.

18.6 Cooperation With the New Funeral Director

Subject to lawful authorisation, appropriate identification, necessary documentation and reasonable practical arrangements, we will cooperate with the newly appointed funeral director to facilitate the safe and dignified transfer of the deceased.

We will not unreasonably obstruct a lawful transfer because a family has decided to use a different funeral director.

Any outstanding financial account may be pursued separately in accordance with the payment and debt recovery provisions of these terms.

18.7 Responsibility of the Instructing Party

Where the Client originally instructed Memories directly, the Client remains responsible for the agreed and properly recoverable charges unless Memories expressly agrees in writing that another party has assumed that responsibility.

Where Memories is instructed directly by another funeral director or funeral organisation, that organisation is responsible for the professional charges agreed at the time of instruction, unless a different written arrangement exists.