Funeral Agreement
I, {Applicants Prefix:17} {Applicants Given Names:20} {Applicants Surname:19} agree to and accept the following terms and conditions:
1. Funeral Services
Just Cremations will provide the Funeral Services in consideration of the Funeral Administrator paying the Funeral Costs to Just Cremations in accordance with these Terms and Conditions.
2. Funeral Costs
2.1. The Funeral Administrator must pay the Funeral Costs to Just Cremations in the manner set out in clauses 2.2 to 2.9 (inclusive).
2.2. The Funeral Administrator has chosen the following payment option - Prompt Payment Option
2.3. Prior to the Funeral Services being provided, Just Cremations will issue an invoice for the estimated Funeral Costs to the Funeral Administrator. The Funeral Administrator understands and acknowledges that the estimated Funeral Costs are only an estimate and the final amount of the Funeral Expenses may vary from this amount.
2.4. If, pursuant to clause 2.2, the Funeral Administrator has selected the:
- Prompt Payment Option, the Funeral Administrator is not required to pay any deposit prior to the delivery of the Funeral Services, but the Funeral Administrator must pay the estimated Funeral Costs in full within 24 hours prior to the delivery of the Funeral Services.
2.5. Notwithstanding anything to the contrary in clause 2.2 to 2.4 (inclusive), if the chosen payment option requires the estimated Funeral Costs or any part of those costs to be paid prior to the delivery of the Funeral Services and payment in full is not received at least 24 hours prior to the scheduled time of the delivery of the Funeral Service, Just Cremations may postpone or cancel the funeral and at its discretion deduct from any money held, or require the Funeral Administrator to promptly pay, Just Cremations’ reasonable and proper charges and any costs it has incurred until that date, or incurs as a result of re-scheduling the Funeral Service as a result of the late payment.
2.6. After the delivery of the Funeral Service:
- Just Cremations will issue an invoice for any additional Funeral Costs not included in the invoice for the estimated Funeral Costs mentioned in clause 2.3 to the Funeral Administrator and which the Funeral Administrator must pay within 21 days; or
- if the actual Funeral Costs were less than the estimate and the invoice for the estimate has been paid by the Funeral Administrator, Just Cremations will refund any difference to the Funeral Administrator within 21 days.
2.7. Payment of invoices is not, unless otherwise agreed with Just Cremations, subject to the grant of probate or any receipt of any insurance proceeds, compensation or other payment. The Funeral Administrator must pay Just Cremations’ invoices by the due date for payment.
2.8. Unless GST is expressly included, any amount to be paid under these Funeral Agreement does not include GST and is increased by the amount of any GST payable in respect of that supply and that amount must be paid at the same time and in the same manner as the GST exclusive amount is otherwise to be paid.
2.9. If the Funeral Administrator defaults in making payment to Just Cremations in accordance with the Funeral Agreement, Just Cremations may in its absolute discretion:
- charge interest calculated on the portion of the Funeral Administrator’s account overdue at the rate of 8% per annum – from the date on which the default arose; and
- require the Funeral Administrator to reimburse Just Cremations for all collection costs including legal costs and/or to institute such recovery process as Just Cremations in its discretion decides.
3. Third Party Suppliers
3.1. Just Cremations uses third party suppliers to supply parts of the Funeral Services.
3.2. If applicable, Just Cremations will use all reasonable care and skill in selecting third party suppliers, but subject to relevant laws that cannot be excluded, Just Cremations does not warrant or give any guarantees about the products or services provided by third party suppliers, and will not be liable for any direct, indirect or consequential loss or damage resulting from a third party supplier’s acts or omissions.
3.3. Just Cremations may require the Funeral Administrator to enter into an agreement with a third party supplier as a condition of supplying that party’s goods or services as part of the Funeral Services.
4. Just Cremations’ Liability
4.1. Just Cremations will use all reasonable care and skill in providing the Funeral Services but, subject to relevant laws that cannot be excluded, will not be liable for any direct, indirect or consequential loss or damage resulting from Just Cremations’ acts or omissions and/or relating to the supply of the Funeral Services and to the fullest extent permitted by any law, all conditions and warranties implied by law arising out of the supply of the Funeral Services by Just Cremations are excluded.
4.2. Just Cremations will use all reasonable care and skill but will not be liable for the loss or damage of any jewellery, clothing or other personal items of the deceased or any other person, or which have otherwise been provided by the Funeral Administrator or other party.
4.3. Just Cremations will endeavour to ensure that the funeral and/or cremation is held on the date requested by the Funeral Administrator but will not be liable for any direct, indirect or consequential costs, loss or damage if this is not possible for any reason whatsoever.
4.4. The Funeral Administrator releases and discharges Just Cremations and all its officers, employees, contractors and agents from all claims and causes of action of whatever nature in respect of any act, cause, matter or thing relating to the supply of the Funeral Services.
4.5. Without limiting clause 4.4, the Funeral Administrator indemnifies Just Cremations against any loss or damage resulting from the pall bearing services.
4.6. If applicable, Just Cremations will notify the Funeral Administrator when the deceased’s ashes are available for collection. The Funeral Administrator must make arrangements to promptly collect the ashes and Just Cremations will not be liable for any loss or damage to the ashes and/or their container from the date of notification.
4.7. Just Cremations will not be liable for the release of the ashes to the Funeral Administrator and or any dispute relating to such release. Just Cremations will release the ashes to the Funeral Administrator or such other person as the Funeral Administrator authorises in writing unless otherwise required by law and the Funeral Administrator indemnifies Just Cremations against any loss or damage resulting from the release of the ashes.
5. Release of Information
5.1. Just Cremations may provide to third parties (for example, parties supplying part of the Funeral Services or the legal or personal representatives of the deceased) certain information about the deceased, the Funeral Services, the funeral, the Funeral Administrator and related matters (Information).
5.2. The Funeral Administrator consents to the release of the Information to third parties who meet Just Cremations criteria from time to time.
5.3. Just Cremations will use all reasonable care and skill in releasing the Information but, subject to relevant laws that cannot be excluded, will not be liable for any direct, indirect or consequential loss or damage resulting from Just Cremations’ release of the Information and the Funeral Administrator releases and discharges Just Cremations and all its officers, employees, contractors and agents from all claims and causes of action of whatever nature in respect of the release of the Information.
5.4. Personal information is protected by law, including the Privacy Act 1988 (Cth). The Funeral Administrator can get more information from the factsheet titled ‘Your Right to Privacy’ by going to www.oaic.gov.au/privacy
6. Funeral Administrator’s Authority
6.1. The Funeral Administrator warrants and represents to Just Cremations that:
- the Funeral Administrator has full legal power and authority to enter into the Funeral Agreement and they have taken all necessary action (including obtaining all relevant approvals) to authorise the signing and performance of the Funeral Agreement; and
- the Funeral Agreement constitutes legal, valid and binding obligations on the Funeral Administrator, enforceable in accordance with their terms.
6.2. The Funeral Administrator acknowledges that Just Cremations has entered into the Funeral Agreement and agreed to provide the Funeral Services in reliance upon the warranties and representations contained in clause 6.1 and agrees to indemnify Just Cremations against any loss or damage resulting from the breach of the warranties and representations contained in clause 6.1 or as a result of Just Cremations carrying out the instructions of the Funeral Administrator.
7. Miscellaneous
7.1. The Funeral Administrator authorises Just Cremations to amend the arrangements to reflect changes to that document agreed from time to time between the Funeral Administrator and Just Cremations.
7.2. An obligation of a party under these Funeral Agreement (other than an obligation to pay money) is suspended during the time and to the extent that the party is prevented from complying with the obligation by reason of any event beyond the control of the party including fire, flood, lightning, storm and tempest, strikes, lockouts or other industrial disputes, acts of war, riots, explosion, government restriction, power shortage or breakdown of plant, machinery or equipment.
7.3. If anything in the Funeral Agreement is unenforceable, illegal or void then it is severed and the rest of the Funeral Agreement remain in force.
7.4. An amendment or variation to the Funeral Agreement is not effective unless it is in writing and signed by Just Cremations and the Funeral Administrator.
7.5. Just Cremations holds the benefit of any rights accruing to its officers, employees, contractors and agents under this deed (including those under clauses 4.4 and 5.3) on trust for its officers, employees, contractors and agents, and the Funeral Administrator acknowledges and agrees that Just Cremations’ officers, employees, contractors and agents can enforce such rights in their own name or in the name of Just Cremations as their trustee.
7.6. The law of Western Australia governs the Funeral Agreement. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.
8. Definitions and interpretation
8.1. In these terms and conditions:
- Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday in Western Australia;
- Funeral Administrator means the person named as Funeral Administrator on page 4 of this Funeral Agreement;
- Funeral Agreement means these terms and conditions and any amendment thereto agreed between the Funeral Administrator and Just Cremations;
- Funeral Costs means the costs for the Funeral Services;
- Funeral Services means the funeral, the Funeral Service and any ancillary services as specified in the Funeral Agreement, as amended from time to time by agreement between Just Cremations and the Funeral Administrator;
- GST means goods and services tax; and
- Just Cremations means Erceg McIntyre Pty Ltd ACN 065 077 438 of 401 Great Eastern Hwy, Redcliffe, Western Australia trading as Just Cremations.
8.2. If an act must be done on a specified day that is not a Business Day, it must be done instead on the next Business Day.
8.3. If a party consists of more than one person, the Funeral Agreement bind each of them separately and any two or more of them jointly.
Details:
Full name of Funeral Administrator: {Applicants Prefix:17} {Applicants Given Names:20} {Applicants Surname:19}
Residential address: {Applicants Address:21} {Applicants Suburb:22}, {Applicants State:23} {Applicants Post Code:24}
Telephone: {Applicants Home Phone:25} - {Applicants Mobile Phone:26}
Relationship to deceased: {Relationship to the deceased:28}
ID number: {ID Number:415}