Pre-paid funeral plans
9. Circumstances beyond the control of either party 9.1 If for any reason the funeral cannot be provided in accordance with the Contract, for example, we are unable to provide the services and items as listed on the Funeral Plan Certificate, we will discuss suitable alternatives with You, but this will not affect Your right to cancel the funeral plan and end the Contract in accordance with Clause 7. 9.2 In the event of any failure by either of us because of something beyond our respective reasonable control: a. the affected party will advise the other as soon as reasonably practicable; and b. the affected party’s obligations will be suspended so far as is reasonable, and provided that the affected party will act reasonably, the affected party will not be liable for any failure which it could not reasonably avoid, but this will not affect the other party’s right to cancel the funeral plan and end the Contract. 10.Security and Continuity of Your Plan 10.1 The payments made by You to us for Your funeral plan are invested by us in a unitised whole of life insurance policy with Royal London Mutual Insurance Society Limited (the “Insurer”) under which You are the named Life Assured (“Your funeral Insurance Policy”). 10.2 You irrevocably appoint us for the duration of Your funeral plan as Your agent for the purposes of asserting any right or interest that You have in Your Funeral Insurance Policy. Such appointment is without prejudice to the possibility of You asserting any rights or interests which You hold directly in Your funeral insurance policy Yourself. 10.3 In the event of our failure and/or us ceasing to be able to provide funeral services Your Funeral Insurance Policy will remain in force and the Insurer will work with the FCA, the Financial Services Compensation Scheme Limited (“FSCS”) and any insolvency practitioner appointed or to be appointed to us to ensure that You or Your nominee are provided with a pre-paid funeral in accordance with the arrangements for the funeral agreed with us. 10.4 You hereby agree and consent that in the event of our failure we may transfer our rights and obligations under Your funeral plan and Your related funeral insurance policy to an alternate provider of funeral planning services that is appropriately authorised and regulated by the FCA. Your consent is given subject to the following provisions: a. the transfer is arranged by an insolvency practitioner appointed to us and will result in Your funeral plan being carried out by the transferee on the same terms as this agreement; or b. the transfer is arranged by the FSCS on terms which will result in Your funeral plan being carried out on terms which correspond in all material respects (so far as it appears to the FSCS to be reasonable in all the circumstances) to those under this agreement. 11. Excluding liability 11.1 There are certain liabilities for which, as a matter of law, we do not exclude liability because we are prevented from doing so by law, for example: a. any fraudulent act or omission; b. death or personal injury caused by negligence; or c. breach of Your legal rights to which You are entitled as a result of being a consumer. These include our obligation to provide the services with reasonable care and skill and to provide the funeral plan as described. 11.2 Subject to this, we are not liable for: a. loss which was not reasonably foreseeable to both parties at the time when the Contract was made; or b. loss arising from commercial loss (e.g. loss of profit, loss of business or loss of business opportunity) to Your business which would not be suffered by a consumer (because we believe You are not paying for the funeral plan wholly or mainly in connection with Your business).
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