Terms and Conditions of the Australian Funeral Plan Prepaid Funeral Plan Contract

By entering into this Australian Funeral Plan Contract (Contract) the Applicant is buying funeral goods and services as itemised (Services) from Australian Funeral Plan Pty Limited. The services of any particular individual as funeral director supplying the Services is not guaranteed. This contract is a legal document the terms of which may be changed only if agreed by both Australian Funeral Plan and the Contract holder.

1. The Contract Holder & Beneficiaries agree:

1.1 The Total Price is payable by the Certificate Holder either on the date of this certificate or by a deposit on the date hereof and subsequent calendar monthly or fortnightly instalments as specified overleaf. All payments must be made to Australian Funeral Plan ABN 94 003 778 443 (the “Fund”), a pre-paid funeral fund operating under the relevant state legislation for prepaid funeral funds, and all instalments are to be paid by direct debit authority.

2. Subject to the clauses below, upon the death of the Member, the Funeral Director will supply the Funeral Services:

2.1 No further amounts will be payable unless there is a variation to legislative rates, taxes or levies imposed after the date of the Contract;

2.2 If there is a discontinuation of an item or service that cannot be provided by the Funeral Director, the item or service will be interchanged with another item or service available as close in value and form.

2.3 The Contract Holder and Beneficiary agree that only those items and services listed in the Funeral Service Schedule will be provided by the Funeral Director. The cost of any additional items will be borne by the Contract Holder, the Beneficiary or their legal representatives.

3. Cancellation and cooling-off:

3.1 The Contract Holder may cancel the Contract by giving written notice to the Funeral Director within 30 days of the date of the Contract (Cancellation Period). Upon cancellation the Funeral Director must return to the Contract Holder all amounts paid.

3.2 The Funeral Director may cancel and refund the contract (less 10% cancellation), if they are unable to provide the funeral service as set out in the schedule.

4. The Contract Holder and the Beneficiary specifically accept and agree that:

4.1 The Funeral Fund claim will be paid to the Funeral Director upon acceptable evidence of the conclusion of the Funeral Service;

4.2 Should the Beneficiary die and the Funeral Director not provide the Funeral Service then Australian Funeral Plan will release the funds to the Beneficiaries estate to ensure the cost of alternative funeral services is met less a 25% fee of the acclined total.

4.3 No Refund or substitutions of fixed items will be permitted.

4.4 Substitutions of additional services permitted with written approval by the Funeral Director.

5. Transfer of Prepaid Funeral Obligation or Entitlements

No transfer of prepaid funeral to another Funeral director except with the written approval of the Funeral Director. This is at the Funeral Director’s absolute discretion. This clause applies regardless of where the Beneficiary may relocate to.

6. No guarantee of particular employee

There is no guarantee of a particular employee to carry out the Funeral Service is offered by the Funeral Director.

7. Bound Parties

This agreement is binding on the legal representative of the estate of the Contract Holder and the Beneficiary and on any successor or assignee of the Funeral Director.

8. Instalment Payments

Where the investment Amount is payable by instalments, the Contract Holder and Beneficiary recognise that:

8.1 Instalments must be paid as specified in the Schedule and until paid in full, the Funeral Director will not be indebted to provide the Funeral Service under this Contract;

8.2 If the beneficiary dies prior to full payment, the Funeral Director has the option to;

a. Upon the legal representative of the beneficiaries estate agreeing to meet any additional costs of the Funeral Service at current market rates, provide the Funeral Service; or

b. Refuse to provide the Funeral Service and direct the funds to be paid into the legal representative nominated bank account less 10% of the funds held.

9. Travel Protection Plan.

Travel Protection is an optional benefit to the Australian Funeral Plan, that covers the transportation costs in the event of your death outside the designated area but within Australia. For a once-only payment of $495 you will be covered for the cost of transportation from the place of death to your nominated funeral director. Up to a maximum of $5,000.