Terms and Conditions
1. General
1.1 The Perfect Choice Funeral Plan (the Plan) is operated by NAFD Services Ltd (the Company) which has been formed by the National Association of 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 Perfect Choice 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 Perfect Choice Funeral Plan holder and a guarantee that the service will be carried out at no further cost (subject to the provisions of Clause 4.2 & 4.4).
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 Perfect Choice 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 by such third parties to meet any particular standard.
4.4 The Perfect Choice Funeral Plan guarantees to cover a rise in the total cost of the amount paid toward third party costs in line with Retail Price Index (RPI). If, however, third party costs increase at a rate in excess of RPI 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. The Funeral
5.1 Your funeral will normally be carried out by the funeral director (arranging firm) 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 firm 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 substitute an alternative funeral director at no extra cost to you if the arranging firm 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 firm exists the Company may, with your agreement or that of your personal representatives, pay such 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. Perfect Choice Funeral Plan
6.1 Monies received by the Company for a Perfect Choice Funeral Plan will be used to purchase a Whole of Life Assurance Policy with Ecclesiastical Life Limited. The whole of 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 Clauses 4.2, 4.4 and 5.4).
6.2 The Perfect Choice Funeral Plan and the Ecclesiastical Whole of Life Assurance Policy together meet the requirements of Article 60(1)(b) 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 you leave the UK permanently, you will need to surrender the Plan as we 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, VAT (Value Added Tax) 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 Perfect Choice 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 Perfect Choice 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.
9.2 If you should have a complaint about the Company you should in the first instance contact the Company which will deal with the complaint in accordance with its written complaints procedure. If the Company can not resolve your complaint you may then refer it to The Funeral Planning Authority at its registered office at 50 Broadway, London SW1H 0BL. The Company is a Registered Provider of Funeral Plans and complies with the Rules and Code of Practice of the Authority. www.funeralplanningauthority.co.uk.
10. Right to Cancel
10.1 You have the option within 14 days of signing the Purchase Agreement to cancel the Agreement by returning your copy together with your written notice that you wish to cancel. Your payment will be refunded in full. This does not affect any applicable statutory consumer rights.
STANDARD TERMS & CONDITIONS FOR INSTALMENT PAYMENTS:
1. The Instalment Payment Option is subject to the normal Terms and Conditions applicable to the Perfect Choice Funeral 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 final 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 either to:
(i) Make full and final 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 NAFD Services Ltd. will be deemed to be terminated, and NAFD Services 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 NAFD Services Ltd. designated bankers by Direct Debit.
5. The Plan Holder or Plan Beneficiary (whichever is applicable) may, upon giving written notice to NAFD Services Ltd, be entitled to make early settlement of outstanding instalments under the Agreement. NAFD Services 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 NAFD Services Ltd. Refunds may only be made upon application to, and with the approval of, the Directors of NAFD Services Ltd. Once such a termination is approved by the Directors, NAFD Services Ltd. will have no liability under the terms of that Perfect Choice Funeral Plan 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 (as advised by NAFD Services Ltd) then, after a period of 15 working days has elapsed, subject to NAFD Services 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 Perfect Choice 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 the 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.
9. If you have a complaint about your Instalment Plan, please write to us first at:
Perfect Choice Funeral Plans
Beaufort House, Brunswick Road,
Gloucester GL1 1JZ.
or telephone 0800 633 5626
or email perfectchoice@nafds.co.uk
We will acknowledge all complaints within five working days. Your complaint will be investigated at a senior level within NAFD Services Ltd. and we will aim to respond in writing within four weeks. If, after four weeks, we have not completed our investigation, we will write and tell you what progress we have made. We will then write to you again within another four weeks with our response or with an update on our progress.
If you are unhappy with our response, or we have not completed our investigation within eight weeks of receiving your complaint, you can complain to:
The Financial Ombudsman Service
South Quay Plaza,
183 Marsh Wall,
London E14 9SR.
Tel 0845 080 1800
Email: enquiries@financial-ombudsman.org.uk
Website: www.financial-ombudsman.org.uk
Complaining to the Ombudsman will not affect your legal rights.
Third party costs include all external payments which are outside the control of the funeral director.
