Funeral Service Agreement

Between Funeral Director (Legacy Funerals Pty Ltd ACN 636 507 438) and Client  (Applicant, Family member, Friend, Next of Kin, Executor, Public Trustee, De facto Relationships, Registered Relationships).

Scope of Funeral Director Work and Price

The Scope of Funeral Director Work includes the provision of goods and services completed in the tables in the Schedule.

The Price is the price to undertake the scope of work completed in the table in the Schedule.

Acceptance

The parties agree the signing of this document and initialing of the Scope of Funeral Director Work constitutes acceptance by the Client of the Scope of Funeral Director Work and Price.

Generally, the goods and services provided by the Funeral Director will relate to the assistance of arranging for the deceased’s funeral, cremation, transfer, repatriation and consent will be sought by the Funeral Director prior to arranging for the deceased’s funeral.

Where more than one person is listed as the Client, then all persons shall be jointly and severally liable for all payments of the Price.

The Client agrees that the Funeral Director shall not be obliged to proceed with the Scope of the Funeral Director Work until the Funeral Director is satisfied of the Client’s ability to pay for such work.

Price and Payment

The Client acknowledges that the Funeral Director has used their best endeavour to arrive to the Price listed in this document.

The Client acknowledges that the Price may change due to unforeseen circumstances.

It is at the Funeral Director’s sole discretion on whether a deposit is required by the Client.

Although the Funeral Director will seek the Client’s authority prior to incurring any payments made on the Client’s behalf, the Client agrees to provide prepayment of such amounts to the Funeral Director if requested.

The invoice for the balance of the Price will be issued to the Client at the Funeral Director’s discretion.

The terms of payment of the tax invoice is 21 (TWENTY-ONE) days from the date of issue.

The Client accepts that the Funeral Director may charge interest on overdue accounts at the rate equal to the Cash Rate Target set by the Reserve Bank of Australia (as at the due date on the tax invoice) plus 3.5%.

The Client agrees that in the event that the invoice is overdue, the Funeral Director may lodge relevant charges and caveats over the personal and real property of the Client in relation to the unpaid outstanding amounts. Once payment has been received, the Funeral Director agrees to withdraw any charges and caveats made.

The Client agree to irrevocably nominate and appoint the Funeral Director (or a nominee of the Funeral Director) as the Client’s true and lawful attorney to perform all necessary acts in giving effect of the above clause.

Delivery of Scope of Funeral Director Work

The failure of the Funeral Director to supply goods and services will not entitle any party to terminate this agreement.

Where unforeseen circumstances and uncontrolled circumstances arise, the Funeral Director shall not be liable for any loss or damage due to the failure by the Funeral Director to meet the agreed date for the funeral.

The Funeral Director will not be liable for any loss, damage or injury caused by any property supplied by the Client for use during the funeral.

Liability

The Funeral Director will only be liable to the Client of any loss, damage or injury due to the negligence or intentional misconduct of the Funeral Director.

Funeral Director may license or sub-contract all or any part of its rights and obligations without the Client’s consent. However, the client’s consent will be obtained if his or her rights or obligations result in a change in circumstances outside these terms and conditions.

The Funeral Director, as an agent in performing services for the Client, acts solely on behalf of the Client in securing services by establishing contracts with third parties so that direct and/or indirect contractual relationships are established between the Client and such third parties. The Funeral Director shall not be liable for the acts and omissions of such third parties.

The Funeral Director shall not be liable to the Client or be deemed to be in breach of the document for any reason if the breach of the document was due to any cause beyond the Funeral Director’s reasonable control. The following events shall be regarded as examples of causes beyond the Funeral Director’s reasonable control but shall not act to limit the general nature of this clause: Act of God, explosion, flood, tempest, fire, accident, civil disturbance, restrictions, regulations, by-laws, prohibitions or measure of any kind on the part of any governmental, parliamentary or local authority, difficulties in obtaining labour, fuel, motor vehicle breakdown for whatever reason.

Title

It is the intention of the Funeral Director and agreed by the Client that property in the goods shall not pass until:

1. the Client has paid all amounts owing for the particular goods, and
2. the Client has met all other obligations due by the Client to the Funeral Director in respect of all contracts between the Funeral Director and the Client, and that the goods, or proceeds of the sale of the goods, shall be kept separate until the Funeral Director shall have received payment and all other obligations of the Client are met.

Termination

The Client may cancel this agreement at any time with two weeks written notice to us.

The Funeral Director reserves the right to invoice you for any Work that the Funeral Director has completed pursuant to the terms of this document.

Warranty

The Funeral Director shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Funeral Director of these terms and conditions, except to the extent any loss/and or expense that is subject and relating to the consumer guarantees provisions set out in the provisions of The Competition and Consumer Act 2010 which includes the Australian Consumer Law, or other relevant legislation or common law rights.

For the avoidance of doubt, our (being the Funeral Director and also referred to as us) goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you (being the Client and also referred to as your) are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Privacy

The Client acknowledges that they have read the Privacy Statement of the Funeral Director available on the Funeral Director’s website (which may also have been provided or sent by email) and accept such provisions.

Intellectual Property

Where the Funeral Director has designed or drawn goods for the Client, then the copyright in those designs and drawings shall remain vested in the Funeral Director, and shall only be used by the Client at the Funeral Director’s discretion.

Conversely, in such a situation, where the Client has supplied drawings, the Funeral Director in its sale conditions may look for an indemnity (the specifications and design of the goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Funeral Director). Where any designs or specifications have been supplied by the Client for manufacture by or to the order of the Funeral Director, then the Client warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the goods shall not infringe the rights of any third party.

General

If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforce ability of the remaining provisions shall not be affected, prejudiced or impaired.

These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.

In the event of any breach of this contract by the Funeral Director the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Funeral Director exceed the Price of the Scope of the Funeral Director Work However, this does not limit a client’s right to his or her rights to compensation or similar recourse in a court of competent jurisdiction.

The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Funeral Director.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

The failure by the Funeral Director to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Funeral Director’s right to subsequently enforce that provision.