Terms of Business

Lindsay Jack & Son Funeral Directors based in Scotland, having its address at 35 The Square, Grantown-on-Spey, PH26 3HF (“we”, “us” or “our”).

We are a member of The Society of Allied & Independent Funeral Directors (“SAIF”) and subscribe to its current Code of Practice. A copy of the SAIF Code of Practice is available on request. We aim to act professionally and provide a courteous, sensitive and dignified service to you.

For the purpose of these terms:

“you” or “your” means the person engaging the services; and
“services” means funeral arrangement, support and advice services provided by us.

Your continuing instructions in terms of services will amount to your continuing acceptance of these terms and conditions (the “Terms”), and you acknowledge you have read, understood and agree to be bound by these Terms.

Contact details

Email: lindsay@jackfuneraldirectors.co.uk

Telephone: 01479 872442

Mobile: 07821 111925

Please direct formal notices and any cancellation instructions to the contact details above.

Estimates and Expenses

The written estimate we provide sets out the services we agree to supply and gives an indication of the likely charges on the basis of the information available at the date of the estimate. While we make every effort to ensure the accuracy of the estimate, the charges are liable to alteration, particularly where third parties are involved and may change their rates or charges which are out with our control.

We will provide our best estimate of third-party (disbursement) costs prior to providing services and these will be itemised on the final invoice. If you amend your instructions we may require written confirmation and additional charges may apply in accordance with our current price list.

We may charge an administration fee in limited circumstances (for example, where a cheque is not honoured or for overdue reminders). If we instruct debt recovery agents we may recover the fees we incur. Details of these fees are available on request.

Payment Arrangements

We will issue a final invoice for services and any disbursements 2–4 weeks after the funeral has taken place (or earlier if agreed in writing). We pay disbursements on your behalf and the final invoice will itemise these.

Payment is due within 28 days of the date of our invoice unless otherwise agreed in writing.

If you fail to pay in full on the due date we may charge interest at a rate of 4% above our bank’s base rate from time to time in force, calculated daily from the date of the invoice until payment and compounded on the first day of each month. We may also recover reasonable costs of taking legal action to recover unpaid sums.

Indemnity and Liability

You will indemnify and hold us, our employees and agents harmless from and against all reasonable losses, liabilities, damages, claims and expenses (including legal costs on a full indemnity basis) incurred in connection with your use of the services or any breach of your obligations under these Terms. We may claim such losses from you by written notice.

We shall not be liable to you or any third party for indirect or consequential loss (including lost profits, business or goodwill) except where prohibited by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence.

To the maximum extent permitted by law our liability is excluded or limited as set out above.

Data Protection

We respect the confidential nature of the information you provide. Where you provide personal data (“data”) we will hold it securely and process it only for the purposes of providing the services and as required by law. We may need to pass such data to third parties who perform some of the services; those third parties may contact you directly.

Further details regarding third parties and our data handling are available in our privacy notice on request. Under the Data Protection Act 2018 and the UK GDPR, you have rights to access the personal data we hold about you.

Cooling-off Period and Cancellation

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may give you a 14‑day right to cancel certain contracts (a “cooling-off period”). However, there are important exceptions and limitations:

If you ask us in writing to begin performance of the services (for example, if you request we start making arrangements) within the 14‑day period, you must sign a written instruction authorising us to do so, and you will lose your right to cancel for the period in which services are performed. Where services are performed during the cooling-off period and you later cancel, you may be required to reimburse us a reasonable sum for goods and services supplied up to the date of cancellation.
Some contracts and situations are exempt from the cancellation right (for example, services provided on specific dates or where the contract is concluded on our premises). Please ask us for full details when you receive the estimate; we will also provide the required cancellation information (and the model cancellation form) where the Regulations apply.

Termination

Services may be terminated before delivery:

by us if you fail to honour your obligations under these Terms; and
by you by giving written notice (email, text or post) that you terminate our instructions.

You must tell the contact named above in writing as soon as practicable of any termination. If services are terminated, you may be required to pay a reasonable sum reflecting the services carried out up to the time of termination.

Standards of Service and Complaints

As a SAIF member we aim to meet high professional standards. If you have questions or concerns, please raise them in the first instance with our designated senior person named in the estimate or on request.

If that does not resolve your complaint, SAIF provides a dispute resolution service as an alternative to legal action. SAIF can be contacted via their published channels. In Scotland, the Funeral Director Code of Practice and associated regulatory arrangements may impose additional complaint handling and reporting duties on us; for example, some complaints that relate to care of the deceased or breaches of the statutory code should be reported to inspectors within prescribed timeframes. If your complaint concerns a breach of the statutory Scottish Funeral Director Code we will explain how to progress that complaint.

You can contact SAIF by completing their complaints form which is available by contacting them on 0345 230 6777 or email to standards@saif.org.uk.

Agreement and Other Important Matters

These Terms, together with the written estimate and final account, constitute the entire agreement between us in respect of the services and supersede previous agreements, whether written or oral.

No variation of these Terms shall be effective unless it is in writing and signed by us.

These Terms are to be governed by the law of Scotland and any disputes shall be subject to the non‑exclusive jurisdiction of the Scottish courts.

Notwithstanding anything else contained in these Terms, neither party shall be liable for delay or non‑performance of its obligations caused by circumstances beyond its reasonable control (force majeure), including strikes, pandemics, adverse weather, acts of government, accident, disease, fire, flood, storm, war or civil unrest.

Additional Legal Requirements

Any inappropriate items found in a coffin during our final closing procedure will be discreetly disposed of.
Any unclaimed items of clothing/effects will be discretely disposed of after 7 days from the date of death unless otherwise agreed.
Instructions regarding cremated remains are to be issued by the cremation applicant and remain their sole decision and ownership.

Updated

November 2025