Funeral Agreement Terms

01

Terms

1. Prepaid Funeral Planning Sydney Pty Ltd (hereinafter referred to as "Prepaid Funeral Planning Sydney", "its", "we", or "us") agrees to supply goods and/or services to the customer (hereinafter referred to as "the customer", "you", or "your") for a funeral arranged by Prepaid Funeral Planning Sydney and/or its agents, servants as directed from time to time by Prepaid Funeral Planning Sydney, on these our standard "Terms & Conditions", also known as ("Terms"). These Terms apply to all funeral services provided by Prepaid Funeral Planning Sydney, whether or not a separate written estimate or quotation is provided.

02

Booking Procedure

2. If you wish to book and acquire funeral services from Prepaid Funeral Planning Sydney, you must review these Terms and any written estimate or quotation provided to you by one of our Funeral Consultants. By ticking the confirmation box on our Agreement Form, you acknowledge that you have read and understood these Terms and that they, together with any written estimate or quotation signed by both parties, constitute the entire agreement between you and Prepaid Funeral Planning Sydney for the supply of the funeral services ("The Agreement").

03

Payment Terms

3. You agree to pay the price stipulated in Prepaid Funeral Planning Sydney's written estimate or quotation to you ("the price") prior to the date of the "Funeral Service", or as may be determined by prior arrangement with Prepaid Funeral Planning Sydney and the terms and conditions of this payment be made available to you in writing by Prepaid Funeral Planning Sydney.

4. If the customer is comprised of more than one person, you are jointly and severally liable for the payment of any amounts due and payable to Prepaid Funeral Planning Sydney under this Agreement.

5. If you do not pay us the price by the due date or in accordance with any prior arrangements made with Prepaid Funeral Planning Sydney in writing and these arrangements are agreed upon by Prepaid Funeral Planning Sydney, you shall pay Prepaid Funeral Planning Sydney the Account Management Fee of two hundred and fifty dollars ("$250.00") plus interest on the unpaid amount at the rate of 9.5% calculated on a calendar month basis and compounded until all monies owing to us under this Agreement is paid in full.

6. Should you not pay all the monies owing to us by the due date, we reserve the right to brief our legal representatives to recover the debt and you must pay any reasonable legal and other costs incurred with the collection of any overdue monies which you owe to us ("recovery costs"). All recovery costs will be added to the outstanding balance and interest accrued thereon in accordance with these terms.

04

Deposit

7. As specified in these Terms and in any written estimate provided to you, Prepaid Funeral Planning Sydney shall require a payment upfront in the amount of 50% of the agreed price ("The Deposit"). The deposit must be paid at least 48 hours prior to the scheduled date for the funeral arranged by Prepaid Funeral Planning Sydney.

05

Supply of Services

8. Prepaid Funeral Planning Sydney will use all reasonable endeavours to supply the funeral services on the date and time first nominated by you.

9. Prepaid Funeral Planning Sydney will not be held liable for any delays or failure to perform its obligations pursuant to the Agreement if any such delay is due to a circumstance beyond the reasonable control of Prepaid Funeral Planning Sydney. Such circumstances shall include but shall not be limited to:

(a) Acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mudslides, washaways, explosions, fires and any natural disaster;

(b) Acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution.

06

Additional Services

10. In the event that:

(a) Prepaid Funeral Planning Sydney is required to supply goods or services to you in circumstances other than those expressly or reasonably assumed or contemplated in a transaction of this nature; OR

(b) There is a change in the complexity of the supply of the funeral services,

For reasons other than a breach of these Terms by Prepaid Funeral Planning Sydney, then Prepaid Funeral Planning Sydney shall be entitled to payment of charges additional to that previously quoted by us, on a time and material basis in respect to additional resources reasonably utilised.

07

Liability of Prepaid Funeral Planning Sydney

11. To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

12. If Prepaid Funeral Planning Sydney breaches any warranty or other provision of these Terms or commits any wilful or negligent act in respect of any goods or services supplied pursuant to this Agreement, Prepaid Funeral Planning Sydney's entire liability and your exclusive remedy shall be limited, at the option of Prepaid Funeral Planning Sydney, to one or more of the following:-

(a) In the case of goods:

i. The replacement of the goods or the supply of equivalent goods free of charge to you; or

ii. The repair of such goods; OR

iii. The payment of the costs of having the goods repaired or of replacing the goods or of acquiring equivalent goods;

and

(b) In the case of services:

i. The supplying of the services again; OR

ii. The payment of the costs of having the services supplied again.

13. Except as expressly stated in the previous paragraph, Prepaid Funeral Planning Sydney and/or its Associates shall be under no liability in respect of any loss or damage whatsoever which may be incurred (directly or indirectly) in respect of goods or services supplied pursuant to this Agreement or in respect of any failure or omission on the part of Prepaid Funeral Planning Sydney to comply with its obligations under these Terms. This exclusion of liability applies whether the claim is in contract, statute, tort (including, without limitation, negligence), equity or otherwise. In this paragraph "Associates" means any employee, agent, contractor, servant or Director of Prepaid Funeral Planning Sydney.

08

Termination

14. If you do not pay the required deposit in time, Prepaid Funeral Planning Sydney may terminate this Agreement with immediate effect by notice in writing whereupon paragraph 15(b) will apply.

09

Cancellation

15. (a) You may cancel the Funeral Services with at least "48 hours notice prior" to the scheduled time for the Funeral, whereupon; (b) You are liable to pay Prepaid Funeral Planning Sydney for any items for the Funeral Services already undertaken and completed by Prepaid Funeral Planning Sydney and any costs and expenses incurred including but not limited to third party disbursements.

If you proceed to the cancellation of the scheduled Funeral, you agree to give notice as 15(a) to Prepaid Funeral Planning Sydney in the following manner;

i. Initial telephone advising or cancellation of scheduled Funeral Services; followed by

ii. Written notice of cancellation of Funeral Services to Prepaid Funeral Planning Sydney and hand delivered or faxed or emailed to Prepaid Funeral Planning Sydney.

10

Waiver

16. No right under this Agreement shall be deemed waived by Prepaid Funeral Planning Sydney except by notice in writing signed by Prepaid Funeral Planning Sydney.

11

Governing Law

17. This Agreement will be governed by and construed according to the laws of the State of New South Wales and the parties submit to the jurisdiction of the Courts of that State.

12

Funeral Services

THE SCHEDULE - EXPLANATION OF PROFESSIONAL FEES BUT NOT LIMITED TO:

• Availability of our Funeral Consultants at any hour, day or night, 7 days.
• Holding of the deceased.
• Arranger to co-ordinate the funeral.
• Registration of Death with Births, Deaths & Marriages.
• Ordering a certified copy of Death Certificate (If Applicable).
• Trained & Professional Staff.
• Liaising with clergy or funeral celebrant.
• Organising booking times with Church, Cemetery or Crematorium.
• Organising flower arrangements, Church booklets, musicians, catering, etc.
• Placement of press notices.
• Attendance at Cemetery or Crematorium.
• Use of facilities for private viewings & provision of Hearse for on Funeral. (Terms & Conditions Apply).
• Attend to any matter which may need attention with the arrangement of the funeral service.