Terms and Conditions

It is ultimately the responsibility of the customer to make certain that the draft layout issued by
J.H & T.P Duncan Ltd, as part of their contract agreement, has the correct headstone drawn and
that all designs are shown, as requested by you the customer. You must also ensure that the
inscription (spellings of names, words & dates) is in the correct location, font, sizing and colour,
both on the printout and the quotation form given together at the time of purchase. The final
layout (printout when given) must be signed and returned to our office address before any work
can commence.

J.H & T.P Duncan Ltd and its staff will not be held responsible for any errors found later unless
said errors differ from the signed draft layout. Alterations required to rectify any change to the
wording after the signed layout approval will be chargeable. Additional inscriptions do not always
require printouts, in that case it would refer to the original quotation form, please check carefully
upon order.

At no time can we be held responsible for any delays that are caused in this important part of the
process; it is our main objective to make sure all information is correct.

Granite and marble:
All marble and granite stone used in the manufacture of your memorial are naturally quarried
materials, and as such, are subject to natural blemishes: small defects and staining. All materials
are sold subject to these natural blemishes. Any defects, whether visible to the naked eye or not,
will in no way be detrimental to the durability of the materials concerned. We cannot foresee
where any defects in colour/blemishes will occur. Any natural material may differ in shade of
colour, pattern or grain and this should be taken into consideration before you place your order.
You will need to alert our staff before placing an order should you have any concerns about your
chosen material.

Photo plaques and etchings:
The quality or otherwise of a photo plaque or etching depends entirely on the clarity and size of
the photograph supplied. J.H & T.P Duncan Ltd accept no responsibility whatsoever for the
resulting quality of the reproduction. We may offer advice if a photograph submitted is not of
good quality, but the end decision is yours, and therefore your responsibility. We reserve the right
to remove the background of a photograph where it is deemed to be inappropriate. We cannot
guarantee the safe return of any original photographs due to the nature of the reproduction
process.

Delivery and installation:

J.H & T.P Duncan Ltd will always endeavour to install a memorial within six to seven months
from the receipt of the deposit; however, this will be dependent upon several factors:

Disputes
J.H & T.P Duncan Ltd will not entertain any negotiations regarding pricing unless it is to price
match another quotation. Proof of quotation will be required.

Payment

A 50% deposit is required at the time of placing an order. The remaining balance is required in
full before any fixing takes place within a cemetery or churchyard for any new memorial works.
Or
Payment in full is requested when placing an order for any type of additional works such as,
cleaning; re-fixing and additional inscriptions.

How can I pay?

Cash payments, Credit/Debit Cards (with the exception of American Express) and payment by
BACS Transfer are all acceptable methods of payment. All goods remain the property of the J.H
& T.P Duncan Ltd until they have been paid for in full. We reserve the right to remove any items
that have not been paid for from the cemetery.
Returned cheques will incur a £20.00 charge to cover banking fees and administrative costs.

Additional fees
J.H & T.P Duncan Ltd are not responsible for cemetery fees but will at the request of the client
and or the cemetery authority make such payments and add the required amount (including VAT
where applicable) to the final bill. Any cemetery fees that are different to what we have advised
will either be added to the final invoice, or a refund issued.
Where delays are caused unduly through non-compliance, if a request for more information has
been asked for or failure to make a payment toward the order J.H & T.P Duncan Ltd reserve the
right to amend the Order fees to reflect subsequent changes in costs and materials.
Please note: Transfer of ownership may be required before works are carried out in the
cemetery. We do not hold any records of burials, cremations or ownership and in turn we cannot
be held liable to any delays in the works progress. It is your responsibility to know who the owner
of the grave is and ensure they complete the correct forms.

Cancellation Policy

Notification is required in writing, either handwritten or typed and can be posted or emailed to us.
We reserve the right to levy a 10% (excluding VAT) charge to cover any subsequent
administrative expenses. Further charges may be applicable, please see below.

Termination of Agreements and Refunds Policy

Both the Client and J.H & T.P Duncan Ltd have the right to terminate any Services Agreement for
any reason, including the ending of services that are already underway. No refunds shall be
offered, where a Service is deemed to have begun and is, for all intents and purposes,
underway. Any monies that have been paid to us which constitute payment in respect of the
provision of unused Services may be refunded.
However, the cancellation/refund request of any monies paid is at the discretion of the
management, depending on whether the orders have been communicated to our suppliers, and
processes have been initiated to shipping them or whether materials have already been received
by us.
If you consider that the product received is not as shown on the site or as per your expectations,
you must bring it to the notice of us in writing so we can take appropriate action to resolve the
matter. This needs to be completed immediately.

General

By accessing this website and using our services and/or buying our products; you consent to
these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes
arising out of such access. If any of these terms are deemed invalid or unenforceable for any
reason (including, but not limited to the exclusions and limitations set out above), then the invalid
or unenforceable provision will be severed from these terms and the remaining terms will
continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms
and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be
construed as waiver of such provisions and shall not affect the validity of these Terms and
Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each, and
every provision. These Terms and Conditions shall not be amended, modified, varied, or
supplemented except in writing and signed by duly authorised representatives of the Company.
J.H & T.P Duncan Ltd reserve the right to use photographs of any memorial supplied for the
purpose of advertising and inclusion in brochures or on the website. We will try to cover all
personal details such as names.

Notification of Changes
The Company reserves the right to change these conditions from time to time, as it sees fit, and
your placement of an order agrees to acceptance of any adjustments to these terms. The terms
and conditions form part of the Agreement between the Client and J.H & T.P Duncan Ltd. Your
payment or instruction to continue with works indicates your understanding, agreement and
acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your
statutory Consumer Rights are unaffected.

Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any
Agreement which is due to an event beyond the control of such party including, but not limited to,
any Act of God; terrorism; war; political insurgence; insurrection; riot; civil unrest; act of civil or
military authority; uprising; earthquake; flood; shipping delays or any other natural or man-made
eventuality occurring outside our control, which may cause the termination of an agreement or
contract entered into, nor which could have been reasonably foreseen. Any party affected by
such events shall forthwith inform the other party of the same and shall use all reasonable
endeavours to comply with the terms and conditions of any Agreement contained herein.

Complaints
If you are dissatisfied with the quality of the memorial, you must notify J.H & T.P Duncan Ltd in
writing within 21 days of erection of the memorial at the following address:
310 Upminster Road North, Rainham, RM139RY.
Unless a notice is received by J.H & T.P Duncan Ltd within this period we shall have no liability to a
client.
Important notice: Abusive language or threatening behaviour towards our staff will not be tolerated.
If your behaviour is deemed inappropriate you will be asked to leave the premises, onsite works
being carried out will come to an immediate stop, we may decide to discontinue work and you will
need to find another mason to complete the task.

Maintenance
It is the customers responsibility to maintain the memorial. We advise wiping with water only and a
soft cloth, it can be dried off with a squeegee to remove any water stains. We do not recommend
wiping or cleaning the inscription as you can, in effect, polish out the gold/silver from the letters
inscribed onto the stone.
Even though it is suggested to wait 12 months for ground settlement we cannot control ground
maintenance issues. Ground disturbance is very common and can lead to the memorial sinking or
becoming unlevel even after the waiting period has passed. This is normal and would then require
the memorial to be professionally levelled, this would be at an additional cost as is something
beyond our control.

Bespoke Memorials and Customer Approval

For bespoke memorials, customers must carefully review all design details, inscriptions, and photographs before granting approval.
Once the memorial is approved and headstones have been shipped, no changes to the granite can be made.
It is the customer’s responsibility to recognize any changes or faults during the approval process.