Terms & Conditions

Funeral Services Agreement

Terms and Conditions

In these Terms and Conditions, we, us, and our refer to Little-Print Limited trading as Wellington City Funerals and include our employees. You refers to the Executor / Authorised Person that has signed the Agreement. Parties refers to you and us.

The agreement between you and us (Agreement) is contained exclusively in the Authority Form and these Terms and Conditions and any subsequent variations agreed to by us in writing. 

By signing the Authority Form, you accept the terms of this Agreement to the exclusion of any other terms and all previous representations made to you and confirm that we will provide the Services to you. 

  1. Definitions
    1. In these Terms and Conditions:

Account has the meaning given to it in Clause 3.

Authority Form means the attached form.
Basis for Account is as specified in the Authority Form, if any, subject to clause 3. 

Estimated Account is as specified in the Authority Form, subject to clause 4.

Intellectual Property includes all intellectual property rights, including copyright, patent and design rights, drawings, documents, data, ideas, and calculations.

Payment Terms are specified in the Authority Form, if any. 

Services means the funeral services we will provide for the Deceased and as set out in the Authority Form. 

  1. Reference to a party includes that party’s successors, executors, administrators, and permitted assigns.
  2. Reference to clauses is to clauses in this Agreement.
  3. Reference to a statute includes: 
    1. references to all regulations, orders, rules, or notices made under that statute;
    2. all amendments to that statute and those regulations, orders, or notices; or 
    3. any statute passed in substitution of that statute. 
  1. Commencement 
    1. We must complete the description of the Services, Estimated Account, and Payment Terms in the Authority Form.
    2. This Agreement is binding on the parties from the date on which you sign the Authority Form. 
  1. Account
    1. You will pay to us: 
      1. the Account;
      2. any disbursements incurred by us on your behalf; and
      3. the cost of any subcontractors engaged by us under clause 7,

(together Account).

  1. We will carry out any variation to the Services or additional Services or services to those in the Authority Form as both parties agree in writing. 
  2. The Account replaces any prior estimate. 
  3. Unless specified otherwise, the Account and all other amounts payable under this Agreement are plus GST and are payable in New Zealand dollars. 
  1. Estimated Account
    1. The Estimated Account is an estimate of the anticipated cost for us to complete the Services. 
    2. You acknowledge that the Estimated Account is an estimate only and may change due to changes in your choices or changes made by suppliers or other factors outside our control. We will make every reasonable effort to keep our estimate within a 10% margin of error.
  1. Payment Terms
    1. Our invoice recording the Account will be issued within 4 days after completion of our Services. 
    2. You will pay the Account within 14 days of the date of the invoice, less any deposit paid (Due Date). 
    3. If you do not pay on the Due Date, you will: 
      1. be in default; 
      2. pay us default interest: 
        1. at the rate of 8% per annum; 
        2. accruing on a daily basis;
        3. from the Due Date to the date of payment in full of the amount due, including any accrued interest. 
    4. Payment of all sums under this Agreement will be without set-off or deduction of any kind.
    5. We may apportion payments to outstanding accounts as we determine in our sole discretion.
    6. Payment against our estimate of costs for repatriation of the deceased within or outside of New Zealand is required in full, upfront. Any difference in final cost will be settled once all third party invoices have been received.
  1. Variations
    1. If you require additional Services and/or variations to the scope of the Services (Variation), then:
      1. we will provide a price for the Variation;
      2. we will advise of any time extension required for the completion of that Services; 
      3. if you accept the price and time extension, then the Variation and the agreed price and time extension will be recorded in writing as a variation to the Agreement. Email confirmation will be sufficient evidence of your acceptance of the Variation;
      4. payment for the Variation will be in accordance with clause 5; and
      5. where a Variation is agreed, the Agreement will be deemed to be varied accordingly. These Terms and Conditions will continue to apply to the Variation. 
    2. If we do not agree under this clause, the Agreement remains unchanged, and the parties remain bound by its terms.
  1. Subcontractors
    1. We may subcontract any part of the Services, but the subcontracting of any part of the Services will not relieve us from any obligation to you under this Agreement.
    2. Any subcontractor we engage will be responsible to and paid by us. The subcontractor’s Accounts will be charged to you as part of the Account.
    3. Any subcontractor or consultant you engage directly will be responsible to and paid by you. Our responsibility to you for this subcontractor or consultant is limited to coordinating their services as required for completion of the Services.
  1. Performance of Services
    1. We will:
      1. perform the Services with reasonable skill, care, and diligence in a professional manner;
      2. endeavour to ensure that the Services are performed in accordance with any time frames agreed in writing with you;
      3. liaise with you during the course of performing the Services in accordance with your reasonable requirements.
    2. You will give reasonable assistance to enable us to perform the Services by:
      1. giving clear instructions;
      2. promptly providing any information or content required from you for us to complete the Services;
      3. ensuring that the Services and products derived from the Services are fit for the purpose you intend to use them for and meet any appropriate statutory, regulatory, governmental, and industry and environmental controls, standards, or practices.
    3. If we have given you a time frame for completion of the Services, unless otherwise agreed in writing, this time frame is approximate only and is not deemed to be of the essence of the Agreement.
  1. Limitation of liability and Indemnity
    1. Except to the extent that the law prevents us from excluding liability, we will not be liable for any loss, damage, or liability of any kind whether: 
      1. suffered or incurred by you or another person;
      2. in Agreement or tort, including in negligence or otherwise; or 
      3. the loss or damage arises directly or indirectly from the Services. 
    2. To the extent we are liable for any loss suffered by you arising from breach of these Terms and Conditions, the Agreement, or for any other reason, our liability is limited to the Account. 
    3. You agree to indemnify us for our Account and any costs arising under clause 5.3. This indemnity shall not apply in respect of any costs arising from our error. 
  1. Force majeure
    1. 10.1.We will not be liable for any delay or failure to deliver the Services if the cause of the delay or failure is beyond our control.
  1. Default
    1. 11.1.If: 
      1. you fail to pay any money owing on the Due Date;
      2. we believe you: 
        1. have committed or will commit an act of bankruptcy; or 
        2. are declared insolvent;
      3. you are otherwise in breach under this Agreement;

then, in addition to any remedies we have at law, we may do one or more of the following:

  1. require immediate payment of the Account;
  2. charge default interest under clause 5.2; and/or
  3. immediately terminate the Agreement by written notice to you. 
  1. Intellectual Property
    1. 12.1.We will remain the exclusive owner everywhere in the world of all Intellectual Property rights and interests in the Services, and any other Services we perform for you.
    2. 12.2.We will retain exclusive worldwide ownership at all times of our artistic styles, methods of working, techniques, ideas, skills, and know-how.
  1. Personal Information
    1. 13.1.We gather personal information of you and the deceased for administrative purposes only, including recording telephone calls with you. You consent to us retaining and using this information as required, in accordance with the Privacy Act 2020. 
    2. 13.2.Any hard copies of this Agreement, Death Certificate and final invoice will be retained on our premises or in a secure storage location. Any other printed documents will be securely shredded once a quarter. 
    3. 13.3.Any digital data (including photographs, videos and audio recordings) will be kept indefinitely on a secure server, or as required in accordance with the Privacy Act 2020.
    4. 13.4.Any items of the deceased such as jewellery, clothing, photographs and other personal items belonging to the deceased and/or their family will be retained for up to 2 years and we will make every reasonable effort to return these items to the you or to receive your instructions for disposal, after which items will be disposed of appropriately.
    5. 13.5.We will take all reasonable steps to return ashes of the deceased to the family/executor or to receive instructions for disposal for up to 2 years (unless otherwise arranged), after which ashes will be scattered at Karori Cemetery.
    6. 13.6.We may request customer feedback in order to improve our services. This information will not be shared with any third parties.
  1. Variation/Termination
    1. 14.1.We may at any time by notice in writing to you: 
      1. vary these Terms and Conditions, acting reasonably, and you will be bound by the variation from the date of that notice; or
      2. terminate these Terms and Conditions.
    2. 14.2.Any failure by us to enforce any right shall not be deemed to be a waiver of any rights or obligations arising under these Terms and Conditions.
  1. Notices
    1. 15.1.Any notice may be delivered in person or sent by email to you.
  1. Costs
    1. 16.1.You must pay our costs of the enforcement or attempted enforcement of our rights under these Terms and Conditions or the Agreement, including all debt recovery costs and legal costs.
  1. Assignment
    1. 17.1.You must not assign any of your rights, powers, or obligations under these Terms and Conditions or this Agreement without our prior written consent.
  1. Disputes
    1. 18.1.If a dispute arises under this Agreement, the parties will act in good faith to resolve the dispute.
    2. 18.2.Any claim or dispute arising under the Agreement will be determined by mediation if the parties are unable to resolve the dispute themselves within one calendar month of the dispute arising. Nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand courts.
  1. Electronic Signature
    1. 19.1.This Agreement may be executed by each signatory in separate original, photocopied or electronic counterparts, which are together deemed to create one binding document, if each signatory executes at least one counterpart.
    2. 19.2.Execution may be by an electronic method. Any party signing electronically warrants to the other party that the creation of the electronic signature complies with section 228 of the Contract and Commercial Law Act 2017.