Memorial Renewal Terms and Conditions

Kent and Sussex Crematorium

Kent and Sussex Crematorium
Benhall Mill Road
Royal Tunbridge Wells
Kent
TN2 5JJ

The Owner / Applicant

The person who has purchased the Memorial and is stated on the documentation signed and kept by the crematorium.

The Applicant for Cremation

The person who applied for the cremation to take place and who signed the Statutory Form 1 for Cremation.

Grant of Exclusive Rights

The Grant of Exclusive rights issued accords the nominated Owner / Applicant the right to place an agreed memorial on the specified location for the agreed term.

Memorial Order

The services specified on the Order Form for Commemoration of Cremated Remains.

You, Your

The Owner or Applicant.

Us, We, Our

Kent and Sussex Crematorium.

The Grant of Exclusive Rights

1.  Exclusive Right Period will vary in years according to the type of memorial chosen by the Owner.

2.  The fee paid to the Kent and Sussex Crematorium for the Exclusive Right Period is for a designated plot within its grounds for the specified number of years.

3.  The Grant of Exclusive Rights issued accords the nominated Owner the right to place an agreed memorial on the specified location.

4.  The Owner must ensure they notify the Kent and Sussex Crematorium of any change to their contact details so We can fulfil Our obligation to contact You as the lease nears expiry or to give notice of any updates or amendments to any Terms and Conditions of the Kent and Sussex Crematorium.

5.  At the end of any Exclusive Right Period the Owner has the right to renew it subject to the current day rules, regulations and prices.

6.  The Kent and Sussex Crematorium is responsible for the maintenance of all the Memorial Gardens, Lawns and the general grounds of the Crematorium, as such it reserves the right to change the general appearance and lay out of the grounds at their discretion. Any changes made would not disturb existing memorials until the lease period has ended.

Memorials

1.  All Memorials must be purchased via the Kent and Sussex Crematorium.

2.  The Memorial and its associated costs are in addition to the Grant of Exclusive Rights paid.

3.  The Kent and Sussex Crematorium will attempt to complete the memorial order within the approximate date given. However, should the delivery date change we will make contact with the Applicant to confirm the new estimated completion date.

Please note: If alterations to the original order are made this may cause a delay in completion of the memorial.

4.  Lead times.

4.1.  The completed order date will be registered as the date that the payment is received.

4.2.  The Applicant will receive the proof of the inscription which they are required to approve and sign. If any modification is required to the proof by You, then notification should be given to Us and a revised proof will be sent to You.

4.3.  On the date of receiving the signed proof, the order will be put into production and will be delivered to Us in approx. 10 weeks at the earliest. This is a maximum lead time which facilitates the supply of all aspects of the orders.

5.  Memorials purchased remain the property of the Owner once full payment has been received. Memorials are to remain exactly how depicted in the brochure and how purchased with no additions or decoration being made.

6.  The Kent and Sussex Crematorium will write to the Owner of the Grant of Exclusive Rights when it is due to expire asking if they wish to renew.

7.  The physical removal of the Memorial from the actual leased location is the responsibility of and will only be completed by the Kent and Sussex Crematorium personnel.

8.  Should the Owner not wish to collect the Memorial, the Kent and Sussex Crematorium will recycle the memorial. Monies from recycled Memorials is donated to a nominated charity each year.

9.  Should the Owner wish to keep the removed Memorial, there will be a small charge for this.

10.  The Kent and Sussex Crematorium reserve the right to remove memorials where leases have expired and where no contact has been received from the Owner. This will be done after or within? 28 days of the lease expiring.

11.  The Kent and Sussex Crematorium reserve the right to dispose of any memorials which have not been collected. The memorials are kept for a period one year before they are recycled.

12.  General care and maintenance of the Memorial remains the Owner’s responsibility, subject to provisions within any warranty or guarantee provided.

13.  The Kent and Sussex Crematorium does not accept responsibility for any damage to Memorials unless caused by and proven by its own negligence.

Sanctum, Wall Niche and Panorama Niche

At the end of an Exclusive Right Period, should the Owner decide not to renew or We are unable to contact the Owner or they wish to purchase a new Grant of Exclusive Rights in a different location in the grounds, the Cremated Remains will be removed and held for a period of six months. Unless otherwise instructed by the Owner in writing during the Exclusive Right Period, these will be disposed of in accordance with the instructions given by the Owner at the lease’s purchase. After this period we reserve the right to scatter the Cremated Remains within the grounds and record the location.

The Book of Remembrance

1.  Applications for the Book of Remembrance can be accepted from anyone wishing to place an entry with the consent of the Applicant.

2.  Inscriptions, motifs and Emblems will be within keeping and in good taste for a Book of Remembrance.

3.  The Kent and Sussex Crematorium reserve the right to alter (with prior consent) or refuse any entry it feels unacceptable / unsuitable / offensive etc. for whatever reason.

4.  All inscriptions are permanent and cannot be removed once completed.

5.  Reference material supplied by the applicant will be treated with care and discretely and carefully filed. However, loss or accidental damage can occur, and The Kent and Sussex Crematorium do not accept responsibility should this happen. We strongly advise the Applicant to make and retain copies of any such material.

6.  The style and layout to the lettering is defined by the artist only and cannot be modified or altered in anyway.

7.  The maximum number of lines for any one inscription is 8, multiple inscriptions for a single deceased are permitted.

8.  Portraits will not be allowed as an illustration in place of an inscription.

9.  Reservations within the Book are not available and cannot be made.

Cremated remains

1.  Cremated Remains remain the responsibility of the Applicant for Cremation unless written authority to the contrary is received.

2.  All interments of Cremated Remains above ground must be in suitable casket, polytainer, metal, wooden or ceramic and must have a nameplate which will include the deceased full name, date of death and age.

3.  If Cremated Remains are required to be removed from any Memorial at any time, this can only be carried out by trained and authorised personnel from The Kent and Sussex Crematorium.

4.  At the end of an Exclusive Right Period, should the Owner decide not to renew the existing Grant of Exclusive Rights or wish to purchase a new Grant of Exclusive Rights in a different location in the grounds, the Cremated Remains will be removed from? the Memorial and unless otherwise instructed by the Owner in writing during the Exclusive Right Period, will be disposed of in accordance with the instructions given by the Owner at the lease’s purchase.

Guarantees and conditions

We guarantee subject to the conditions and specifications stated below that should any memorial supplied prove to be faulty in workmanship or material used in the main construction the memorial will be made good, or, if this is not possible, replaced without any expense to the Owner.

1.  Natural quarried materials can vary in colour and texture, this guarantee relates only to the type and soundness of the material and not to its colour or texture.

2.  This guarantee applies only where an order clearly stating the type of material, the finish, the dimensions of the memorial and the full text of the inscription has been signed by the Applicant and received by the Kent and Sussex Crematorium.

3.  This guarantee shall not apply to any damage caused by any third party and shall become invalid if the memorial is removed or disturbed or otherwise worked upon by anyone other than the Kent and Sussex Crematorium.

4.  The guarantee shall not cover natural weathering, erosion, or damage to the memorial.

5.  This guarantee shall not apply for any damage/repair following vandalism. It is recommended that memorial insurance is purchased to cover such events.

6.  Over time the products will change in appearance in accordance with its environment and the weather to which it is required to be exposed.

7.  No abrasive materials should be used to when cleaning memorials, cold water washing will be adequate.

8.  The Owner should periodically ensure that their memorial remains free from vegetation which might contaminate gilding. If concerned, then please raise any issues with the Kent and Sussex Crematorium.

Posy holders

These are guaranteed for the lease period for the memorial to which it is fixed.

All Areas of the Crematorium Grounds inclusive of Garden of Remembrance, Memorial Wall, Baby Scatter Garden, Barbican, Scattering Areas, Oak Tree, Conifer, Silver Birch, Memorial Lawn, Woodland Walk, Rose Gardens, Shrubberies, Sands Garden.

1.  The planting of any trees, shrubs, bushes, plants, bulbs and seeds etc. of any kind into the soil of the grounds is strictly prohibited. Items planted or found will be removed immediately without notice.

2.  Personal items / memorials are strictly prohibited. The placing of fences, kerbs or surrounds, artificial flowers, trinkets, wind chimes, toys, windmills, gravel, ornaments, glass, vases, statues, candles / lanterns or other personal effects / memorabilia etc.. of any material anywhere within the grounds will be removed immediately and without notice and disposed of.

3.  The placing of vases, containers or receptacles whether they be wooden, metal or plastic within the grounds are not permitted unless they are an integral part of a memorial which has been supplied by the Kent and Sussex Crematorium.

4.  Stakes and plaques of any sort, other than those supplied by The Kent and Sussex Crematorium will be removed immediately and without notice and disposed of.

5.  Benches must be authorised with the Kent and Sussex Crematorium and cannot be moved from their allocated position. A dedication plaque must also be purchased for benches via the Kent and Sussex Crematorium.

6.  No items may be placed on or attached to any tree or shrub within the grounds and will be removed immediately.

7.  Flowers left for a specific memorial (other than those on the day of a funeral) should be fresh cut flowers only and without cellophane or wrapping (potted plants or other similar items found at a memorial or within the grounds will be removed without notice.

8.  Flowers left for a Birthday, Anniversary and General Remembrance should be placed in the Cloister Area.

9.  Flowers left at seasonal times such as Valentines Day, Mother’s and Father’s Day, Easter, Remembrance Day and Christmas should also be placed in the Cloister Area or at Christmas, wreaths must be placed within the designated marked out area of a star and wreath in the Lower Rose Garden. Any wreaths found within the crematorium grounds will automatically be moved to this area, these will be removed and disposed of as an when they show signs of deterioration.

10.  Flowers that are dying and memorabilia will be regularly cleared from all memorials and areas of the crematorium.

Cloister Vases, must only be used within the Marble Cloister, these are not for use in other areas on the site.

The schedule is as follows:

• 1st week of the month – Garden of Remembrance, Memorial Wall and Plot 18/Shrubbery
• 2nd week of the month – Memorial Path, Pond Path
• 3rd week of the month – Upper Rose Garden
• 4th week of the month – Lower Rose Garden / Memorial Trees
• Cloister Area – will be cleared of dying flowers etc. every Tuesday

All other areas will also be cleared on a regular basis.

We will be holding any memorial items for a period of 3 months.

11.  We have a herd of Deer that visit the grounds. Please be aware that they do eat the flowers and plants and occasionally will try to eat any plastic plants/flowers left which is harmful to them and the environment. So please make sure anything that is allowed to be left is safe and biodegradable.

Payment

1.  Cost

The cost of the total memorial order will depend upon the individual memorial along with their renewal costs.

2.  Payment method

The entire amount must be paid in full via card online, over the phone or by appointment at the office. Cheques and Cash not accepted.

3.  The memorial and what has been specified on it will remain the property of the Kent and Sussex Crematorium, until such time as full payment has been received. Then the rights will be transferred to the Owner.

4.  Should any amount remain unpaid the Kent and Sussex Crematorium reserve the right to remove the memorial, along with the associated Cremated Remains (if Memorial is above ground) within it from its location and its grounds until such payment is made, unless otherwise instructed by the Owner in writing during the Exclusive Right Period the Cremated Remains will be disposed of in accordance with the instructions given at the time of the order and contract. The right of ownership to any Grant of Exclusive Rights or memorial will be forfeited as well as that of any monies paid toward them.

Indemnity

1.  The client is to indemnify the Kent and Sussex Crematorium in full and hold it harmless from all expenses and liabilities it may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by the Applicant of any of their obligations under these terms.

2.  This means that you are liable to us for losses we incur because you do not comply with these terms. For example, we may charge you an administration fee if we are unable to collect payment for the overdue account and have written to you requesting payment. If we instruct debt collecting agents 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.

Data protection

We respect the confidential nature of the information given to us and, where you provide us with personal data, we will ensure that the data is held securely, in confidence and only used for the purpose of carrying out our services. In order to provide our services, we may need to pass such data to third parties and those third parties, who are performing some of the services for you, may contact you directly. Under the Data Protection Act 1988 you have the right to know what data we hold about you and you can, by applying in writing and paying a fee, receive copies of that data.

Cancellation

1.  If the applicant wishes to cancel the stated memorial order before any money has been paid, confirmation of cancellation must be provided in writing within 28 days from completion of the memorial arrangement order form.

2.  If the applicant wishes to cancel the stated memorial order, they may be asked to pay all fees/costs which have been paid or are committed to be paid, plus a reasonable amount based upon the work carried out up to the time the termination is received. This may result in the Kent and Sussex Crematorium exercising its right to not return any money paid.

Complaints procedure

It is the Kent and Sussex Crematorium intention to offer the highest level of service. However, should you have a complaint regarding the memorial, or our service please write to:

Bereavement Services Manager
Kent and Sussex Crematorium
Benhall Mill Road
Royal Tunbridge Wells
Kent
TN2 5JJ

We will fully investigate and respond to the complaint within a period of 28 days.

General

1.  These Terms and Conditions, together with the Order Form for Commemoration of Cremated Remains at the Kent and Sussex Crematorium, make up the Agreement between the Kent and Sussex Crematorium and the Applicant/Owner concerning the selected Memorial Order. These Terms and Conditions do not affect the rights you have as a consumer, buying products and services.

2.  No other person (including the Applicant or their Representatives) has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any other rights these people may have.

3.  If any part of the Agreement is not effective the remaining parts still apply.

4.  English law will apply to the terms of this agreement.

5.  The Kent and Sussex Crematorium reserve the right to review and alter these Terms and Conditions at anytime without reference or consent to any owner of a Memorial or Lease.