TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS OF CONTRACT
1.1 Funeral Director: shall mean Above & Beyond Funerals and its successors and assigns.
1.2 Client: means any person engaging the Funeral Director on the terms in this Contract and includes, unless the context otherwise indicates, that person’s principals, agents, employees and sub-contractors.
1.3 Deceased: shall mean the person’s who have passed away.
1.4 Contract: means the agreed to terms and conditions between the Client and the Funeral Director as set out in the following document.
1.5 Collection Point: means the place notified to the Funeral Director as the place from which the Deceased is to be collected.
1.6 Guarantor: means that person (or persons), or entity who agrees herein to be liable for the debts of
the Client if a Limited Liability Client on a principal debtor basis.
1.7 Goods: shall mean Goods supplied by the Funeral Director to the Client (and where the context so permits shall include any supply of Services as hereinafter defined).
1.8 Services: shall mean all services supplied by the Funeral Director to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Services as defined supra).
1.9 Price: shall mean the cost of the Goods as agreed between the Funeral Director and the Client subject to clause 4 of this contract.
1.10 Destination: means the place to which the Client has requested the Funeral Director to carry the Deceased to include (for the avoidance of doubt) any church, mortuary, crematorium, hospital, burial ground or other place where the Deceased is to be handed over or buried.
2.1 Any instructions received by the Funeral Director from the Client for the supply of Goods and/or the Client’s acceptance of Services and/or Goods supplied by the Funeral Director shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Funeral Director.
2.4 None of the Funeral Director’s agents or representatives are authorise to make any representations,
statements, conditions or agreements not expressed by the manager of the Funeral Director in writing nor is the Funeral Director bound by any such unauthorised statements.
2.5 In the event that the Client is purchasing a Pre-Paid Funeral then these Terms and Conditions are to be read in conjunction with the Terms and Conditions of Trade for Pre-Paid Funerals. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.
2.6 The Client agrees that the Funeral Director shall be under no obligation to provide any Services until the Client has provided the Funeral Director with satisfactory evidence of the Clients ability to pay for the Services.
Price and Payment
3.1 At the Funeral Director’s sole discretion:
(a) the Price shall be at the Funeral Director’s current price; or
(b) the Price shall be as indicated on invoices provided by the Funeral Director to the Client in respect of Goods supplied; or
(c) the Price of the Goods shall, subject to clause 3.2, be the Funeral Director’s quoted Price.
(d) the funeral director reserves the right to charge a handling fee on any coffin / casket item or thing or product supplied by the client in relation to any funeral that the funeral director is contracted to handle.
3.2 The Funeral Director may by giving notice to the Client at any time increase the Price of the Goods to reflect any increase in the cost to the Funeral Director beyond the reasonable control of the Funeral Director that increase the cost of the Goods/Services by more than 10% of the quoted
3.3 At the Funeral Directors sole discretion a deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods/Services and shall become immediately due and payable.
3.4 Time for payment for the Goods/Services shall be of the essence and will be stated on the agreement or any other forms. If no time is stated, then at least part payment shall be due on or before the date of the funeral service and before the cremation/burial takes place.
3.5 The Funeral Director may withhold delivery of the Goods until the Client has paid for them, in which event payment shall be made before the service.
3.6 At the Funeral Director’s sole discretion payment may be due at the date of this agreement.
3.7 At the Funeral Director’s sole discretion, payment for approved Clients shall be made by instalments in accordance with the Funeral Directors payment schedule.
3.8 Payment will be made by cash, or by EFT, or by any other method as agreed to between the Client and the Funeral Director.
3.9 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Funeral Director.
Third Party Expenses
4.1 Because of the nature of the Goods/Services supplied, the Funeral Director will incur third party costs. These shall include, but are not limited to newspaper classifieds, flowers, freight charges, embalming, cremation, grave digging, and any other costs incurred by the Funeral Director on behalf of the Client. Payment of such costs will be due as set out in clause 3 of this contract.
Delivery Of Goods / Services
5.1 The failure of the Funeral Director to supply Goods/Services shall not entitle either party to treat this contract as repudiated.
5.2The Funeral Director shall not be liable for any loss or damage whatsoever due to failure by the Funeral Director to meet the agreed funeral date where this is due to circumstances beyond the control of the Funeral Director.
5.3 The Funeral Director shall not be liable for any loss, damage or injury caused by or to any coffin / casket or other product item or thing supplied by the client for use during the funeral.
Limitation of Liability
6.1 The Deceased together with any jewellery or personal effects forming part of the Deceased’s estate shall be carried at the Client’s sole risk in all respects, subject to clause 4.6.
6.2 Subject to the limits on its liability in clauses 6.3, 6.4 and 6.6, the Funeral Director shall only be liable to the Client where it causes by its negligence or wilful misconduct delay in the delivery of the Deceased to the Destination.
6.3 The Funeral Director shall not be liable to the Client or be deemed to be in breach of the Contract for any reason if the breach of Contract 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, Acts, restrictions, regulations, bye-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.
6.4 The Funeral Director shall in no circumstances be liable to the Client for any loss, claim or liability of whatever nature caused by the acts or omissions of any third party.
6.5 Subject as expressly provided in this Contract and except where the supply of the service is to a person dealing as a consumer (within the meaning of the Independent Contractors Act 1977), all warranties, conditions, representations or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
6.6 The maximum aggregate liability of the Funeral Director to the Client, for any sentimental or direct loss arising out of one or a series of linked events or omissions; and more specifically the loss theft or destruction of any of the jewellery or personal effects forming part of the Deceased’s estate shall be limited to the value of the Funeral Directors Charges.