George McNabb &Co.
These Terms and Conditions are the terms for the provision of services by us
George McNabb & Co of 106 Bridge Street Portadown Co. Armagh BT63 5AP
to you, the client.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or
“Contract” means the contract for the provision of the Services, as
explained in Clause 2;
“Disbursement” means a payment made to third parties on your behalf
including but not limited to, minister and church fees, doctor’s fees, or
“Estimate” means a written indication of the charges likely to be incurred
for professional fees and Disbursements and may be subject to change in
accordance with Clauses 3.1 and 3.2;
“Final Account” means the total price payable for the Services;
“Services” means the services which are to be provided by us to you.
1.2 Each reference in these Terms and Conditions to “writing” and any similar
expression includes electronic communication whether sent by e-mail, fax
or other means.
2. The Contract
2.1 These Terms and Conditions govern the sale and provision of Services by
us and will form the basis of the Contract between us and you. Before
signing the Contract for the Provision of Funeral Services, please ensure
that you have read these Terms and Conditions carefully. If you are unsure
about any part of these Terms and Conditions, please ask for clarification.
3.1 We will provide an estimate of sums due. The estimate provided sets out
the services we agree to supply. This estimate is an indication of the likely
charges incurred on the basis of the information and details we know at
the date of the estimate. While we make every effort to ensure the accuracy
of the estimate, the charges are liable to alteration where circumstances
occur outside of our control and where your requirements change.
3.2 We may not know the amount of Disbursements in advance of the funeral
however, we will give you a best estimate of such charges in the written
estimate. The actual amount of the charges will be detailed in the final
3.3 All estimates shall be valid for 14 days.
4.1 All Disbursements, unless otherwise agreed, are to be paid in advance.
4.2 The final account is due for payment within 28 days of our invoice, unless
otherwise agreed by us in writing.
4.3 We will add VAT to our charges, where applicable, and at the rate
applicable when we prepare the invoice.
4.4 We accept payment by debit or credit card, BACS or banker’s cheque.
4.5 If you do not make payment to us by the due date, we will charge you
interest on the overdue sum at the rate of 2.5% per month. Interest will
accrue on a daily basis from the due date for payment until the actual date
of payment of the overdue sum, whether before or after judgement. You
must pay any interest due when paying an overdue sum. We may recover
the cost of taking legal action to enforce payment.
4.6 The provisions of sub-clause 4.5 will not apply if you have promptly
contacted us to dispute an invoice in good faith. No interest will accrue
while such a dispute is ongoing.
4.7 If you do not pay us for any Services, we may suspend the Services until
you have paid all outstanding sums due. If this happens, we will inform
you in writing. This does not affect our right to charge you interest under
5. Providing the Services
5.1 All services will be provided by us in accordance with all relevant laws,
rules and regulations.
5.2 We will not undertake any Services that are in conflict with any law in
force, any voluntary or mandatory code of practice, or any similar rules
regulations or codes.
5.3 We will make every reasonable effort to complete the Services on time and
in accordance with the dates specified. We cannot, however, be held
responsible for any delays if an event outside of our control occurs. Please
see Clause 8.0 for events outside of our control.
5.4 If we require any information from you in order to provide the Services, we
will inform you of this as soon as is reasonably possible.
5.5 If the information you provide under sub-Clause 5.4 is delayed, incomplete
or otherwise incorrect, we will not be responsible for any delay caused as a
result. If additional work is required from us to correct or compensate for a
mistake made as a result of incomplete or otherwise incorrect information
that you have provided we may charge you a reasonable additional sum for
6. Problems with the Service
6.1 We always use reasonable efforts to ensure that our provision of the
Services is trouble-free. If, however, there is a problem with the Services
we request that you inform us as soon as is reasonably possible.
6.2 We will use reasonable efforts to remedy problems with the Service as
quickly as is reasonably possible and practical.
6.3 We will not charge you for remedying problems under this Clause 6 where
the problems have been caused by our company. If we determine that a
problem has been caused by incorrect or incomplete information provided
by you, sub-Clause 5.5 will apply and we may charge you for any delays as
6.4 As a consumer, you have certain legal rights with respect to the purchase of
services. We are, for example, required to provide the Services with
reasonable care and skill. You also have remedies if we use materials that
are faulty or incorrectly described. Further information on your rights as a
consumer can be obtained from your local Citizens Advice Bureau or from
the Office of Fair Trading.
7. Our Liability
7.1 You are to indemnify us in full and hold us harmless from all expenses and
liabilities we may incur (directly or indirectly including financing costs and
including legal costs on a full indemnity basis) following any breach by you
of any of your obligations under these Terms and Conditions.
7.2 This means that you are liable to us for losses we incur because you do not
comply with these Terms. For example, we will charge you an administration
fee where we write to remind you that an account is overdue. If we instruct a
debt collection agent we may also recover from you the fees we incur. Further
details regarding these fees are available on request. We may claim those
losses from you at any time and, if we have to take legal action, we will ask the
Court to make you pay our legal costs.
7.3 We will babe responsible for any foreseeable loss or damage that you may
suffer as a result of our breach of these Terms and Conditions or as a result
of our negligence. Loss or damage is foreseeable if it is an obvious
consequence of our breach or negligence or it is contemplated by you and us
when the Contract is created. We will not be responsible for any loss or
damage that is not foreseeable.
7.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability
for death or personal injury caused by our negligence or for fraud or
7.5 Furthermore, nothing in these Terms and Conditions shall affect your
statutory rights as a consumer.
8. Events Outside of Our Control (Force Majeure)
8.1 We will not be liable for any failure or delay in performing our obligations
where that failure or delay results from any cause that is beyond our
reasonable control. Such causes include, but are not limited to: failure of any
sub-contractor, power failure, internet service provider failure, industrial
action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence,
acts of terrorism, acts of war, governmental action, epidemic or other natural
disaster, or any other event that is beyond our control.
9. Cancellation & Cooling-Off Period
9.1 In accordance with The Consumer Contracts (Information, Cancellation and
Additional Charges) Regulation 2013, you have the right to cancel this
contract if you so wish. This right can be exercised by sending a cancellation
notice to the address stated above at any time within the period of 14 days
starting from the date of signing the Contract.
9.2 You should understand that, should you choose to cancel the contract having
given your written authority to commence work, you will be charged for
Services provided and/or Disbursements incurred.
9.3 We may cancel your Order in writing at any time before we begin providing
the Services if the required personnel and/or required materials necessary
for the provision of the Services are not available, or if an event outside of
our control continues for more than 14 days (Please see Clause 8 for events
outside of our control).
9.4 Either Party may terminate the agreement without notice in these
9.4.1 If either Party has breached the Contract in any material way and has
failed to remedy that breach within 5 days of being asked to do so; or
9.4.2 If either Party fails to make a payment on time as required under
Clause 4 (this does not affect our right to charge interest on overdue
sums under sub-Clause 4.6); or
9.4.3 Either Party enters into liquidation, goes bankrupt or has an
administrator or receiver appointed over their assets.
9.5 Upon the termination of the Agreement in accordance with Clause 9.4:
9.5.1 Any sum owing by either Party to the other under any of the
provisions of the Agreement shall become immediately due and
9.5.2 All Clauses which, either expressly or by their nature, relate to the
period after the expiry or termination of the Agreement shall remain
in full force and effect;
9.5.3 Termination shall not affect or prejudice any right to damages or other
remedy which the terminating Party may have in respect of the event
giving rise to the termination or any other right to damages or other
remedy which any Party may have in respect of any breach of the
Agreement which exist at or before the date of termination; and
9.5.3 Subject as provided in this Clause 9 and except in respect of any
accrued rights neither Party shall be under any further obligation to
9.6 For the purpose of this Clause 9, a breach of the Contract will be considered
‘material/ if it is not minimal or trivial in its consequences to the terminating
party. In deciding whether or not a breach is material, no regard will be had
to whether it was caused by any accident, mishap, mistake or
10. How We Use Your Personal Information (GDPR)
10.1 All personal information that we collect (including, but not limited to, your
name and address) will be collected, used and held in accordance with the
provisions of the General Data Protection Regulation 2018.
10.2 We may use your personal information to provide our Services to you,
process your payment for the Services or inform you of new products and
services available from us. You may request that we stop sending you this
information at any time.
10.3 We will not pass on your personal information to any other third parties
without first obtaining your consent.
11.0 Other Important Terms
11.1 You may not transfer (assign) your obligations and rights under these Terms
and Conditions and under the Contract without our express written
11.2 The Contract is between you and us. It is not intended to benefit any other
person or third party in any way and no such person or party will be entitled
to enforce any provision of these Terms and Conditions.
11.3 If any of the provisions of these Terms and Conditions are found to be
unlawful, invalid or otherwise unenforceable by any court or other authority
that/those provision(s) shall be deemed severed from the remainder of these
Terms and Conditions. The remainder of these Terms and Conditions shall
be valid and enforceable.
11.4 No failure or delay by us in exercising any of our rights under these Terms
and Conditions means that we have waived that right, and no waiver by us
of a breach of any provision of these Terms and Conditions means that we
will waive any subsequent breach of the same or any other provision.
12. Governing Law and Jurisdiction
12.1 These Terms and Conditions and the Contract (including any non-contractual
matters and obligations arising therefrom or associated with) shall be
governed by, and construed in accordance with the laws of Northern Ireland.
12.2 Any dispute, controversy, proceedings or claim between the Parties relating
to these Terms and Conditions shall fall within the jurisdiction of the courts
of Northern Ireland.
Copyright © All Rights Reserved