Terms and Conditions

Tony Hollands Funerals Terms and Conditions

Please take time to read our Terms and Conditions of trade:

1. Definitions

1.1 ‘Funeral Director’ shall mean Jerbera Pty Ltd T/A Tony Hollands Funerals and its successors and assigns.

1.2 ‘Client’ shall mean the Client or any person acting on behalf of and with the authority of the client.

1.3 ‘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.

1.4 ‘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).

1.5 ‘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).

1.6 ‘Deceased’ shall mean the persons who have passed away.

1.7 ‘Price’ shall mean the cost of the Goods as agreed between the Funeral Director and the Client, subject to clause 4 of this contract.

2. Acceptance

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Upon acceptance of these terms and conditions by the Client, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Funeral Director.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 authorised 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.

3. 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.

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 which increase the cost of the Goods/Services by more than 10% of the quoted Price.

3.3 At the Funeral Director’s 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 payment shall be due fourteen (14) days following the date of the funeral service.

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 Director’s payment schedule.

3.8 Payment will be made by cash, or by cheque, or by bank cheque, 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.

4. 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.

5. 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.

5.2 The 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.

6. Risk

6.1 If the Funeral Director retains property in the Goods nonetheless, all risk for the Goods passes to the Client on payment.

6.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Client, the Funeral Director is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Contract.

The production of these terms and conditions by the Funeral Director is sufficient evidence of the Funeral Director’s rights to receive the insurance proceeds without the need for any person dealing with the Funeral Director to make further enquiries.

6.3 Any advice, recommendation, information, assistance or service provided by the Seller in relation to Goods or Services supplied is given in good faith and shall be accepted without liability on the part of the Seller and it shall be the responsibility of the Buyer to confirm the accuracy and reliability of the same in light of the use to which the Buyer makes or intends to make of the Goods or Services.

7. Errors/Omissions

7.1 The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Funeral Director of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Client shall afford the Funeral Director an opportunity to inspect the Goods within a reasonable time following delivery, if the Client believes the Goods are defective in any way.

If the Client shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage. For defective Goods, which the Funeral Director has agreed in writing that the Client is entitled to reject, the Funeral Director’s liability is limited to either (at the Funeral Director’s discretion) replacing the Goods or repairing the Goods, except where the Client has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion, either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.

8. Warranty

8.1 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

9. The Competition and Consumer Act 2010 (CCA) including the Australian Consumer Law 2011 (ACL)

9.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the ACL.

10. Intellectual Property

10.1 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.

10.2 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.

11. Default & Consequences of Default

11.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

11.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by the Funeral Director.

11.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Funeral Director from and against all costs and disbursements incurred by the Funeral Director in pursuing the debt including legal costs on a solicitor and own client basis and the Funeral Director’s collection agency costs.

11.4 Without prejudice to any other remedies the Funeral Director may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Funeral Director may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Funeral Director will not be liable to the Client for any loss or damage the Client suffers because the Funeral Director exercised its rights under this clause.

11.5 If any account remains overdue after fourteen (14) days, then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.

11.6 Without prejudice to the Funeral Director’s other remedies at law the Funeral Director shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Funeral Director shall, whether or not due for payment, become immediately payable in the event that:

(a)    any money payable to the Funeral Director becomes overdue, or in the Funeral Director’s opinion the Client will be unable to meet its payments as they fall due; or
(b)    the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c)    a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

12. Title

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

(a)    the Client has paid all amounts owing for the particular Goods, and
(b)    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.  


13. Security and Charge

13.1 Despite anything to the contrary contained herein or any other rights which the Funeral Director may have howsoever.

(a)    where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Funeral Director or the Funeral Director’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions.  The Client and/or the Guarantor acknowledge and agree that the Funeral Director (or the Funeral Director’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b)    should the Funeral Director elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Funeral Director from and against all the Funeral Director’s costs and disbursements including legal costs on a solicitor and own client basis.
(c)    the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Funeral Director or the Funeral Director’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

14. Cancellation

14.1 The Funeral Director may cancel these terms and conditions before the Goods are delivered by giving written notice.

14.2 At the Funeral Directors sole discretion the Client may cancel delivery of Goods and/or Services. In the event that the Client cancels delivery of Goods and/or Services the Client shall be liable for any costs incurred by the Funeral Director up to the time of cancellation.

15. Privacy Act 1988

15.1    The Client and/or the Guarantor/s agree for the Funeral Director to obtain from a credit-reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Funeral Director.


15.2    The Client and/or the Guarantor/s agree that the Funeral Director may exchange information about Client and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(a)    to assess an application by Client;
(b)    to notify other credit providers of a default by the Client;
(c)    to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and
(d)    to assess the credit worthiness of Client and/or Guarantor/s.


15.3    The Client consents to the Funeral Director being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).


15.4    The Client agrees that Personal Data provided may be used and retained by the Funeral Director for the following purposes and for other purposes as shall be agreed between the Client and Funeral Director or required by law from time to time:
(a)    provision of Services & Goods;
(b)    marketing of Services and or Goods by the Funeral Director, its agents or distributors in relation to the Services and Goods;
(c)    analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Services/Goods;
(d)    processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client;  and
(e)    enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services and Goods.


15.5    The Funeral Director may give, information about the Client to a credit reporting agency for the following purposes:
(a)    to obtain a consumer credit report about the Client; and or
(b)    allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

16. International Transfer

16.1 Where the Deceased is to be transferred overseas by the Funeral Director, the Client agrees that payment for all Goods/Services is due before the Deceased leaves Australia. Payments of all Goods/Services are to be made in Australian Dollars.

17. General

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

17.2 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.

17.3 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 Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010), other relevant legislation or the Client’s common law rights.

17.4 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 Goods. 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.

17.5 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.

17.6 The 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.

17.7 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.

17.8 The Funeral Director reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Funeral Director notifies the Client of such change.

17.9 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.

17.10 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.

For immediate help with funerals,
call us on 07 3392 9919 day or night, seven days a week.

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