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BLACK TULIP FUNERALS PTY LTD
Trading as Black Tulip Funerals ("BTF", "we", "us", or "our")
ABN: [Insert ABN]
7 Burrows Road, St Peters NSW 2044
These Terms and Conditions ("Terms") govern the provision of funeral services by Black Tulip Funerals Pty Ltd ("BTF", "we", "us", or "our") to you, the customer ("you", "your"). By ticking the box below, you acknowledge that you have read, understood, and agree to be bound by these Terms. You may download a copy of these Terms for your records at any time prior to proceeding.
☐ I confirm that I have read and agree to the Terms and Conditions of Black Tulip Funerals Pty Ltd. I understand that I may download a copy of these Terms from the website or request a copy from my Funeral Consultant.
1. Black Tulip Funerals Pty Ltd (hereinafter referred to as "BTF", "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 BTF and/or its agents, servants as directed from time to time by BTF, on these our standard "Terms & Conditions", also known as ("Terms"). These Terms apply to all funeral services provided by BTF, whether or not a separate written estimate or quotation is provided.
2. If you wish to book and acquire funeral services from BTF, 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 BTF for the supply of the funeral services ("The Agreement").
3. You agree to pay the price stipulated in BTF'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 BTF and the terms and conditions of this payment be made available to you in writing by BTF.
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 BTF 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 BTF in writing and these arrangements are agreed upon by BTF, you shall pay BTF 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.
7. As specified in these Terms and in any written estimate provided to you, BTF 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 BTF.
8. BTF will use all reasonable endeavours to supply the funeral services on the date and time first nominated by you.
9. BTF 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 BTF. 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.
10. In the event that:
(a) BTF 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 BTF, then BTF 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.
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 BTF 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, BTF's entire liability and your exclusive remedy shall be limited, at the option of BTF, 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, BTF 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 BTF 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 BTF.
14. If you do not pay the required deposit in time, BTF may terminate this Agreement with immediate effect by notice in writing whereupon paragraph 15(b) will apply.
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 BTF for any items for the Funeral Services already undertaken and completed by BTF 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 BTF 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 BTF and hand delivered or faxed or emailed to BTF.
16. No right under this Agreement shall be deemed waived by BTF except by notice in writing signed by BTF.
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.
