Terms & Conditions
Last Updated: June 2024

1. Introduction
Welcome to A E Vaughan ("we," "our," or "us"). These Terms of Business ("Terms") govern your use of our services and products. By engaging with our services, you agree to comply with and be bound by these Terms. Please read them carefully.

2. Definitions

• Customer: The individual or entity purchasing or using our products or services.
• Services: The services provided by A E Vaughan as described in any agreement or contract.
• Products: The goods supplied by A E Vaughan.

3. Scope of Services
A E Vaughan provides a range of services including the supply and installation of cemetery memorials as well as renovation work of pre-existing memorials. The specific services to be provided will be outlined in the relevant agreement with the Customer.

4. Orders and Acceptance

• Placing Orders: Orders can be placed through our website, by email, or over the phone or in person.
• Order Confirmation: All orders are subject to acceptance and availability. We will confirm receipt of your order by sending a confirmation email. The order will not be confirmed until all relevant information is collected that is necessary for the order to proceed.
• Grave owner: We cannot proceed to install a memorial in a cemetery without approval from the grave owner as registered by the cemetery.
• Contract Formation: A binding contract is formed when a quotation is accepted, which can be completed online, in writing or verbally.
• Catchment area: Orders outside of our catchment area will not be accepted.
• Ground settling: We cannot install a headstone on a grave until the ground has settled for 12 months in most cases.
• Age Restriction: You represent and warrant that You are over the age of 18. The Company does not permit individuals under 18 to use the Service.

5. Pricing and Payment

• Prices: Prices for our products and services are as stated in our quotations. We reserve the right to change prices at any time, but any changes will not affect orders that have already been confirmed. Prices include VAT unless specified otherwise.
• Payment Terms: Payment terms will be specified in the quote or invoice. Unless otherwise agreed, 50% payment is due before any work is undertaken with the final balance to be paid before the new memorial is installed or before any renovation work takes place.
• Payment methods: Payment can be accepted via bank transfer, card payment online, card payment over the telephone, or cash.
• Inspection prior to installation: The Customer may see the memorial before installation, either in person or with photographs or videos.
• Late Payments: In the case that we not received payment for the deposit, the work will not begin. In the case of a late payment for the balance whilst we have the new memorial in storage, this may incur further storage fees if the memorial is in storage and ready to install for longer than 20 business days. You will receive written notice of this fee and the date that the storage fee begins with 10 bunsiness days notice.
• Reclamation of memorial: In the situation that a memorial is installed and not paid for and the payment is overdue for a period of 3 months, we may reclaim the memorial that has not been paid for.
  

6. Time frames

• Permit: All memorial work in cemeteries requires the council to approve a permit for the works to go ahead. This can be seen as a type of planning permission. Processing times vary depending on which cemetery the work is to take place in. This can take between 1 week to 3 months. We work closely with cemeteries to assure that these are processed as quickly as possible. A E Vaughan does not begin any work or order any materials until this permit is approved.
• Supply: Memorials may need to be ordered from a supplier and imported from abroad. This process often takes 6 months for the materials to arrive with us from the date the order is placed with our supplier. We work to ensure that this time is as short and possible and many materials are held in stock and are available sooner. Other supplies such as inscription stencils can take 1 – 3 weeks to arrive. Staff can be asked for an completion date estimate.
• Inscription approval: If an inscription is necessary, we will provide a computer generated layout will be given to you to approve. This can be changed as many times as is necessary. Work cannot proceed until this stage is completed and delays in communicaiton will result in a delay in the order.
• Installation: Once all relevant materials are available to us and all processes completed, such as the stencil, headstone and permit, work can begin. We aim to have all work completed within 2 weeks at this stage.
• Whole process: We advise customers that orders can take at times up to 12 months although we aim to complete work as soon as possible.
• Communications: Our staff are trained to explain this process and will keep you updated as soon as information is available to them.

7. Completion and Risk

• Installation risk: Due to the nature of the work, we reserve the right to keep the site safe and not have involvement from the customer during installation or being present on the site due to our risk assessments.
• Standards: Our work is governed by the Code of Working Practice from the National Association of Memorial Masons as well as the relevant regulations for each cemeteries.
• Ownership Transfer: The ownership of the product transfers to the Customer once all payment has been made and the memorial installed.
• Post-completion: A new memorial or a renovated memorial must not be touched for 28 days to allow for the materials to set. If the memorial is disturbed during this time we cannot take responsibility for any damage.
• Ground issues: After the installation of a memorial, it is expected that the memorial will sink and will no longer be level. This is due to the weight on the memorial on soil which can become wet. Insurance can be provided to cover the cost of raising and leveling the memorial.
• Cleaning: We recommend gentle cleaning with the correct equipment. Ask our staff for advice on how to clean your memorial. If the finish or lettering is damaged due to unsuitable cleaning methods, we cannot take responsibility for any damage.
  

8. Complaints

• Complaints procedure: Complaints are dealt as detailed in our Complaints Policy and a complaints form can be requested from staff.
• Further advice: Advice can be sought from:
• The National Association of Memorial Masons - https://www.namm.org.uk
• The Trading Standards Office - https://www.wandsworth.gov.uk/tradingstandards
• The Citizens Advice Bureau - https://www.citizensadvice.org.uk/

9. Returns, Refunds & Amendments

• Returns Policy: Returns are accepted for products that are not personalised, such as accessories but we cannot accept returns for memorials. This will be considered only if the products are defective or do not meet the specifications agreed upon. The Customer must notify us of any defects within 28 days of installation.
• Refunds: Refunds can be requested at any time. If the order has involved administration work, such as permit applications, £150 will be retained by A E Vaughan. If we have made payment for this permit, the amount that was paid will also be non-refundable. If the refund is requested after a memorial has been ordered by us from our supplier, the cost of the memorial will be retained by A E Vaughan. Refunds will be made to the original payment method.
• Amendments: Amendments cannot be made to the order once the memorial has been ordered, if an inscription has been started or the work completed.
  

10. Warranties

• Product Warranty: We warrant that the products will be free from defects in materials and workmanship for a period of 28 days from the date of completion.
• Service Warranty: We warrant that our services will be performed with reasonable skill and care.

11. Limitation of Liability

• Extent of Liability: Our liability for any claim arising out of or in connection with these Terms shall not exceed the total amount paid by the Customer for the products or services in question.
• Exclusion of Liability: We shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the use of our products or services.
  

12. Confidentiality

• Confidential Information: Both parties agree to keep confidential any information that is designated as confidential or that should reasonably be understood to be confidential.
• Non-Disclosure: Neither party shall disclose the other party's confidential information to any third party without prior written consent, except as required by law.
• Policies: Refer to our Privacy Policy and Data Protection and Information Security Policy for further information.
  

13. Intellectual Property

• Ownership: All intellectual property rights in our products and services, including but not limited to designs, trademarks, and copyrights, remain the property of A E Vaughan.
  

14. Termination

• Termination for Convenience: Either party may terminate the agreement by giving written notice.
• Termination for Cause: Either party may terminate the agreement immediately if the other party breaches any material term of the agreement and fails to remedy the breach within 10 business days of being notified.
  

15. Governing Law and Jurisdiction

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of England.
• Jurisdiction: Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England
  

16. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings.
• Amendments: Any amendments to these Terms must be in writing and signed by both parties.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any provision of these Terms shall be effective unless made in writing and signed by the waiving party.
  

17. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us using the following:
A E Vaughan & Co Ltd.
Unit 2 Lyndon Yard
Riverside Road
SW17 0BZ
Email: management@vaughanmemorials.com
Phone: 0208 767 6522
Company number 02604976