Photos: If you have purchased a photo for a memorial, InvoCare accepts no responsibility for the quality of reproduction, breakage, damage, theft or fading of the photo before or after the installation.

Payment: Provided fifty per cent of the payment under this Agreement has been paid, InvoCare has the right without further notice to me to construct any garden purchased under this Agreement. 

Notwithstanding InvoCare constructing the garden it is acknowledged that the Agreement continues to apply.

Multiple purchasers: if you are more than one person under this agreement, your obligations may be enforced jointly against you all or severally against each of you.

Australian consumer legislation applies: Under the Australian Consumer Law various consumer guarantees apply to the goods and services we provide to you. We cannot limit our liability for breach of these guarantees. The terms of this agreement apply subject to the Australian Consumer Laws.

We may sell the Park: we may sell, lease or otherwise deal with all or part of the Park without your consent or the consent of any Nominated User but such dealings will not prejudice your rights under this agreement. If we sell or otherwise transfer our ownership interest in a part of the Park that has been reserved for you we may novate or transfer our rights, obligations and interests in this agreement to the new owner. If required by law for the novation to take effect we will give you notice of the novation and the novation will be deemed to be effective from the date you receive the notice.

Special Conditions: To the extent of any inconsistency, any Special Conditions prevail over these General Conditions.

Funeral Services: This agreement relates specifically to rights and Memorials and Ornamentation and does not include professional funeral services and costs, such as caskets, press notices, flowers or Funeral Director fees.

Transfer of Interment Rights restricted: you cannot transfer or vary your rights under this agreement without our prior written consent or unless allowed by law. We may impose conditions on the transfer or variation, including the payment of a fee and to ensure compliance with the law.

No returns: we are not obligated to buy back a Site or Memorial.

Certificate of Interment Rights: when you have paid at least 20% of the purchase price and the cooling off period has expired, we will issue you and any Nominated User with a certificate(s) evidencing your Interment Right(s). Interment Rights are contractual only and neither you nor any Nominated User has any ownership in the Site or the land on which the Site is located.

No rights until 20% paid: we have now reserved the Site for you and or Nominated User but, you will have no Interment Rights or other rights under this agreement until at least 20% of the total purchase price has been paid. If at least 20% has not been paid within 6 months of the date of this agreement then your reservation will be lost and this agreement will immediately be terminated. We would then refund to you the amount paid, less administration fees of $50.00.

Tenure: Tenure chosen (limited or perpetual) may be subject to existing or changing legislation or governmental regulations.

Use of Site by Nominated Users: unless otherwise specifically stated, we are not obliged to increase the number of Nominated Users who may use a Site.

Substitutes: There is a risk that at the time the Memorial is required the specific form of Memorial is no longer manufactured.

The following additional fees may be applicable at the time of interment. Refer to our website - www.mymemorial.com.au/memorial-parks-gardens for the current prices.

Witnessing: If you choose to witness the inurnment, fees may apply and arrangements will need to be made with the park team. Should we not hear from you, we will continue with the placement of ashes. 

Transfer Ownership: If you choose to transfer Interment Rights, additional fees may apply. 

Inscriptions: Unless indicated, the cost of inscription of any Memorial is not included in the purchase price of a Memorial. 

Open/Close Fees: Unless pre-purchased, open/close fees will be applicable at the time of interment. 

Plaques: Should you bring your own plaque, a placement fee may be applicable, relevant to the current rates at the time of placement.

If you want a Memorial or Ornamentation, to the extent permitted by law and to maintain the beauty of the Park, unless it is a bronze plaque, it can only be installed or placed on the Site if it is purchased from us. Only we may install or construct Memorials or Ornamentation.

Third party bronze plaques: On request, we will install bronze plaques not purchased from us but they must be pre-approved by us in writing, acting in good faith, and accord with our specifications. We will charge a placement fee in accordance with the customer price list current at the time of the installation. The placement fee will take into account matters including the time and expense required to approve the plaque, install it and the obligations assumed by us to take care of the Park.

Construction of Memorials: Once you have paid 50% of the total purchase price of all agreements relating to the Site and the Memorial we can commence construction of the Memorial at any time.

Memorials purchased later: If you buy a Memorial after buying the site or you decide to upgrade a memorial, you must pay us in accordance with the customer price list current at that time. A memorial will not be fully completed until it is paid in full.

Use of Natural Products: Many Memorials are made of natural products, such as granite or stone. We try to match samples or materials ordered as closely as possible, but you agree that natural imperfections or variations in colour, pattern or texture are unavoidable and are not defects.

Care of Memorials or Ornamentation: To the extent permitted by law, we are not responsible for the maintenance and repair of memorials or Ornamentation including wear and tear, fading of photos or discoloration over time and we are not liable for any theft, vandalism or any other damage to a Memorial or Ornamentation unless the damage is caused by us.

Please refer to our website - www.mymemorial.com.au/memorial-parks-gardens for a further details of care of Memorials and Ornamentation.

Refusal of service: We may refuse to allow use of the Site by any person who has engaged in conduct or has such a reputation which in our good faith opinion, would harm the reputation of the Park or us, or cause distress or concern for any bereaved families of deceased persons buried within the Park. You may then terminate this agreement and we will refund you all the monies you paid under this agreement (less any money you owe us).

Events beyond our control: Events beyond our control - if we are unable to place you or any Nominated User(s) in the site or to provide the Memorial or Ornamentation due to causes beyond our control (such as flooding, earthquake or fire), we will not be in default and will consult with you about providing an equivalent Site, memorial or Ornamentation if in the circumstances it is reasonably feasible. If it is not reasonably feasible or we cannot reach agreement, we will refund to you all monies paid under this agreement by you for anything we can no longer supply.

Out of Manufacture: if you prepay for a Memorial there is always a risk that at the time the Memorial is required the specific form of memorial is no longer manufactured. Should this occur we will provide after consultation with you a Memorial as close as practicable to the type nominated or you may, at your discretion, order a different type of Memorial at our then current customer price list. We will not collect prepayment from you for a specific type of memorial if we know that its intended manufacture will cease prior to the time we anticipate that it will be required.

We are committed to protecting your personal information. A copy of our Privacy Policy is available here or you can contact our Privacy Officer at c/- InvoCare Australia Pty Limited, Locked Bay 8000, Crows Nest, NSW 1585 or via Email at privacy@invocare.com.au 

We welcome your feedback.