Direct Cremation Terms

1. Introduction

1.1

These Terms form part of the Contract with you and apply to the funeral services that we perform.

 

1.2

Please read these Terms carefully before you sign the Contract and contact us if you have any questions.

 

1.3 Commitment to Care and Dignity

Eterna Care Services Ltd is committed to treating every person entrusted to our care with dignity, respect, and compassion. From the moment the deceased is collected until the return of the ashes, all handling, transportation, and cremation arrangements will be carried out professionally and respectfully.

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2. Definitions

2.1

In these Terms the following words shall have the following meanings:

“Charges” means our fees and costs for performing the Services as set out in the relevant Invoice, subject to adjustment in accordance with these Terms.

“Contract” means the contract between you and us for the supply of the Services, consisting of these Terms and our letter to you detailing the arrangements, together with the Instruction Form, Notice of Cremation, Application for cremation of the body of a person who has died and the Invoice(s).

“Instruction Form” means the form to be completed by you and which sets out the details of the Services.

“Invoice” means an invoice for the Charges which forms part of the Contract.

“Services” means the funeral services described in the Contract.

“you” / “your” means the person who enters into the Contract by signing the Instruction Form.

“we” / “us” / “our” means Eterna Care Services Ltd (company number 16238155).

 

2.2

Any phrase introduced by the terms including, include, in particular or similar expressions shall be illustrative only and shall not limit the meaning of the preceding words.

 

3. Services and Charges

3.1

When you first instruct us to provide the Services (which may be by telephone), we will confirm the Services to be provided and the applicable Charges based on the information supplied by you. Full details will also be set out in the Invoice and accompanying Contract documents.

 

3.2

If we incur additional fees to third parties:

3.2.1 in the ordinary course of properly providing the Services (including where we agree to pay third-party fees on your behalf); and/or

3.2.2 because you fail to meet your obligations under the Contract,

we may issue a further Invoice to recover such costs at cost price. Third parties may include hospitals (who may charge for storage of the deceased) or funeral directors initially engaged by you and later replaced by us.

 

3.3

Any changes to the Services must be confirmed by you in writing. Additional charges may apply in accordance with our current price list.

 

3.4

If storage of the deceased is required beyond 14 days from the date you first instruct us (other than due to delay caused by us), we may charge £35 per additional day.

 

3.5

If storage of ashes is required beyond 6 weeks from the date of cremation, a charge of £35 per month may apply. We cannot store ashes indefinitely. If ashes remain uncollected for more than 3 months from the cremation date, and after we have taken all reasonable steps to contact you using the details provided, we reserve the right to return the ashes to the crematorium for scattering in their Garden of Remembrance.

Ashes are normally available for return approximately 7–14 days following the cremation, although this may vary depending on crematorium processes.

 

3.6

VAT will be added to Charges where applicable, at the rate in force at the time of invoicing. Certain funeral services may be VAT-exempt in accordance with UK legislation.

 

3.7

Performance of the Services is conditional upon you:

3.7.1 returning all completed documentation within 5 days of first instructing us; and

3.7.2 providing us with either a Green Form (Certificate for Burial or Cremation) or a Cremation Form 1 (also known as “Crem Form 1” or “Crem 1”), or a Coroner’s Form 6, within 7 days of first instructing us.

 

3.8 Accuracy of Information

You confirm that all information provided to us regarding the deceased is accurate and complete to the best of your knowledge. This includes, but is not limited to, information relating to medical implants, physical characteristics of the deceased, infectious conditions, and identification details. We shall not be liable for delays, complications, or additional costs arising from inaccurate or incomplete information supplied by you.

 

3.9 Authority of the Applicant

By entering into the Contract, you confirm that you are the Applicant for Cremation or otherwise authorised to give instructions regarding the cremation of the deceased. You further confirm that, to the best of your knowledge, no dispute exists between family members or other interested parties regarding the cremation arrangements or disposal of ashes. Eterna Care Services Ltd cannot become involved in disputes between family members or interested parties.

 

3A. Repatriation

For the purposes of these Terms:

Domestic Repatriation refers to the movement of a deceased person from any location within the UK (other than their place of residence) back to their home town or place of residence.

International Repatriation refers to the return of a deceased person to the UK from abroad.

An Eterna Care Services direct cremation does not include either Domestic Repatriation or International Repatriation costs.

We strongly recommend that the Beneficiary ensures adequate travel insurance is in place to cover Repatriation expenses.

Where repatriation is required, Eterna Care Services may, subject to availability, undertake Domestic Repatriation, or collect the deceased following International Repatriation from the port of entry into England or Wales. All such services are location-dependent and may incur additional charges, which will be discussed and agreed on a case-by-case basis prior to acceptance.

 

3B. Coffin Size

Clients requiring a coffin exceeding 6 feet 2 inches (6’2”) in length or 22 inches in width may be subject to an additional charge.

 

3C. Bariatric Considerations

Where bariatric or obese factors give rise to additional, specialist, or unusual handling, staffing, transport, equipment, or cremation requirements, we reserve the right to:

apply additional charges where necessary; and/or

decline or withdraw our Services at any stage where it is not reasonably practicable or safe to proceed.

Please note that in extreme bariatric cases, cremation may not be possible due to operational or crematorium limitations.

 

3D. Battery-Operated Medical Implants

Where battery-operated medical implants (including, but not limited to, pacemakers) are present, an additional fee of £150 will apply for their removal prior to cremation.

 

3E. Access and Removal Conditions

Where removal of the deceased presents access difficulties including, but not limited to, restricted access, upper-floor locations, narrow staircases, or unusual handling requirements, we reserve the right to deploy additional staff or specialist equipment to ensure safe and dignified handling. Additional charges may apply where necessary.

 

4. Payment Arrangements

4.1

Invoices must be paid within 7 days of the invoice date (“Due Date”), unless otherwise agreed in writing.

 

4.2

If payment is not received in full by the Due Date, we may:

4.2.1 charge interest at 4% above our bank’s base rate, calculated daily and compounded monthly;

4.2.2 recover reasonable legal and recovery costs;

4.2.3 suspend provision of the Services; and/or

4.2.4 terminate the Contract and invoice for Services already carried out.

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4A. Non-Payment and Failure to Provide Instructions

4A.1 If payment is not received within a reasonable time, or if you fail to provide required documentation or further instructions necessary for us to perform the Services, we reserve the right to suspend the Services until such matters are resolved.

4A.2 Where the deceased has already been collected and you subsequently fail to provide instructions or fail to make payment within a reasonable time, we reserve the right to recover reasonable costs incurred for the care, storage, and handling of the deceased.

4A.3 Where reasonable attempts to contact you have failed for a period exceeding 30 days, we reserve the right to take appropriate steps to resolve the situation in accordance with applicable law, which may include contacting relevant authorities or arranging for alternative disposition of the deceased in accordance with legal requirements.

 

5. Reimbursement

5.1

You must reimburse us for all reasonable expenses and liabilities (including legal and recovery costs) arising from any breach of the Contract by you.

 

5.2

This may include administration fees for dishonoured payments or the costs of engaging debt-collection agents.

 

5.3

We may recover such expenses at any time and may seek recovery of legal costs through the courts if necessary.

 

6. Data Protection

6.1

Any personal data provided to us will be processed in accordance with applicable data protection legislation and our privacy policy, which is available on our website or upon request.

 

7. Your Right to Cancel

7.1

You have the right to cancel the Contract without giving any reason at any time during the first 14 days following its conclusion (“Cooling-Off Period”). However, where any or all of the Services have already been performed, or where costs or expenses have been incurred by us, the Contract cannot be cancelled without prior discussion and agreement, and you may be required to pay for work undertaken and costs incurred up to the point of cancellation.

 

7.2

To cancel, you must notify us by a clear statement (by phone, letter or email). Written notice may be sent to:

Eterna Care Services Ltd

Correspondence Address: C/O Maghull Business Centre, 1 Liverpool Road North, Maghull, L31 2HB

Email: eternacareservices@yahoo.com

 

7.3

The cancellation deadline is met if notice is sent before the Cooling-Off Period expires.

 

7.4

If cancellation is agreed, we will refund payments received, less any work completed and costs incurred up to cancellation. Our administration charges will be capped at £100.

 

7.5

Refunds will be issued within 14 days of cancellation being agreed.

 

7.6

Refunds will be made using the same payment method unless otherwise agreed.

 

8. Termination

8.1

Either party may terminate the Contract immediately where the other party fails to honour their obligations.

 

8.2

Unless termination arises from our failure to perform, you may be required to pay a reasonable amount for work completed and costs incurred, with administration fees capped at £100.

 

9. Standards of Service

9.1

We aim to provide a high-quality Service at all times. Any concerns should be raised with our office team in the first instance.

 

9.2

All dates and times provided are estimates only and cannot be guaranteed. Delays may occur due to circumstances beyond our control or where contractual requirements are not met.

 

9.3

Although we will endeavour to cremate the deceased on the estimated date, cremation may take place at a date, time, and location determined by us in accordance with crematorium availability and operational scheduling.

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9.4 Nature of Direct Cremation

A Direct Cremation is an unattended cremation without a funeral service or ceremony. No mourners will be present at the crematorium, and the cremation will take place at a time determined by the crematorium in coordination with our operational requirements.

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9.5 Crematorium Requirements

Cremation is carried out by an independent crematorium in accordance with their statutory regulations. The crematorium’s Medical Referee has authority to delay or refuse cremation if documentation is incomplete, further medical clarification is required, or the coffin or condition of the deceased does not meet crematorium regulations. We cannot be held responsible for delays or requirements imposed by the crematorium or its Medical Referee.

 

10. Agreement

10.1

The Contract is between you and us. No third party has rights to enforce its terms.

 

10.2

If any provision is found unenforceable, the remaining provisions shall remain in full force.

 

10.3

Nothing in this Contract limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot lawfully be excluded.

 

10.4

This Contract is governed by English Law, and legal proceedings may be brought in any appropriate UK court.

 

10.5 Professional Standards

Eterna Care Services Ltd operates in accordance with relevant UK legislation governing cremation, transportation, and the handling of the deceased. All services are carried out professionally and respectfully and in cooperation with licensed crematoria and relevant authorities.

 

11. Force Majeure

11.1

We shall not be liable for any delay or failure to perform our obligations under the Contract where such delay or failure results from circumstances beyond our reasonable control.

 

11.2

Such circumstances may include, but are not limited to:

severe weather conditions

road closures or transport disruption

crematorium operational restrictions

industrial action

public authority requirements

medical or coroner delays

pandemics or public health emergencies.

 

11.3

In such circumstances we will use reasonable endeavours to minimise disruption and resume performance of the Services as soon as reasonably practicable.