Terms & Conditions

Issued by

In these Terms, unless the context requires otherwise:

Appointment of Funeral Director means the document by which you appoint and authorise us to provide the Funeral Services.

Business Day means a day other than a Saturday, Sunday or public holiday in Queensland.

Client / You / Your means each person who signs the Appointment of Funeral Director or otherwise enters into an agreement with us for the provision of the Funeral Services.

Deceased means the deceased person for whom the Funeral Services are being arranged.

Disbursements means third party costs we arrange or pay on your behalf (for example: musicians, venue hire, printing, permits, transportation providers).

Extended Mortuary Care means the continued care and accommodation of the Deceased in our mortuary beyond the period included in the Funeral Cost Estimate.

Funeral Account means any tax invoice issued by us for the Funeral Services, Goods, Disbursements or other amounts payable under these Terms and Conditions.

Funeral Cost Estimate means the written, itemised estimate provided to you before or when you sign the Appointment of Funeral Director, as varied with your approval or otherwise in accordance with these Terms and Conditions.

Funeral Services means the services we provide including care of the Deceased, transfers, mortuary care, administration, coordination, viewing arrangements, ceremony coordination, cremation/burial coordination, items for which Disbursements are incurred, and any related services or Goods.

Goods means any goods or items we supply, including (without limitation) coffin/casket, urns, keepsakes, memorial products, flowers and printed materials.

Service Date means the date of the funeral service, cremation and/or burial (as applicable).

Third-Party Provider means any independent person, business, government authority or organisation engaged or involved in providing part of the Funeral Services, including a cemetery, council, crematorium, clergy member, celebrant, doctor, florist, printer, musician, venue or transportation provider.

We / Us / Our means Radlea Pty Ltd and, where the context permits, its employees, agents and contractors engaged to provide the Funeral Services.

Writing / Written includes communication by email and SMS.

2.1 You accept these Terms and Conditions when you sign the Appointment of Funeral Director or Authority of Appointment of Funeral Director.

2.2 You warrant that you have the authority to instruct us for the Funeral Services either by the Will, your relationship to the Deceased or other lawful means, and you acknowledge that we rely on that warranty in proceeding with the Funeral Services on your instructions. You agree to indemnify us in relation to any loss or damage that we may incur if this warranty is breached.

2.3 If there is any dispute between you and any other person about authority or instructions for the Funeral Services, we may at our discretion pause the arrangements (including a cremation or burial) until the dispute is resolved by written agreement between the disputing parties or by court order, and, unless otherwise agreed by us, you remain responsible for costs incurred up to that point and while the arrangements remain paused.

2.4 You must promptly provide accurate information and approvals that we reasonably require (including names, dates, wording for notices and tributes, music/photo selections, and any required forms). Delays may affect timing and cost.

2.5 Our staff may explain options and provide general information about Funeral Services, but we do not provide legal advice to you about Wills, estates or family disputes. You should obtain independent advice if needed.

3.1 Many parts of the funeral process depend on third-party providers and legal requirements (for example, medical certificates, coroner requirements, cremation permissions, cemetery booking times and venue availability). We will use reasonable efforts to meet your preferred timing, but we do not guarantee specific times or dates where matters are outside our control.

3.2 If required documents, approvals or payments are not provided within the required timeframe, the Service Date may need to be changed. Any additional costs caused by delay (including storage, extended mortuary care, rescheduling fees, additional staff time or third-party charges) are payable by you.

3.3 Where a cremation is requested, cremation cannot occur unless the required paperwork is properly completed and accepted by the relevant authorities/crematorium. If any matter indicates a cremation risk, such as the presence of an implanted device, additional steps may be required and additional costs incurred, for which you agree to be responsible.

4.1 Unless we agree otherwise, the price is based on the Funeral Cost Estimate in accordance with these Terms and Conditions.

4.3 We will seek your approval for material variations where reasonably practicable. If urgent decisions are required and you cannot be contacted in time, you authorise us to take reasonable steps necessary to protect dignity, safety, legal compliance and continuity of arrangements, and you must pay the reasonable additional costs and disbursements.

4.4 We may supply an equivalent substitute if an item becomes unavailable, provided that the substitute is of comparable quality and value, and we will inform you as soon as practicable.

4.5 The Funeral Cost Estimate is an estimate only and not binding. Payment for the Funeral Services will be required upon provision of a Funeral Account in accordance with clause 6 hereof.

5.1 You authorise us to arrange and, where required, pay the Disbursements on your behalf.

5.2 Disbursements are payable by you whether or not they are refundable to us. Where a third-party provider's terms include cancellation fees or non-refundable fees or charges, you accept those fees or charges.

5.3 Where a third party provider is providing services (for example: venue, clergy, florist, printer, musician), the performance of those services is outside our direct control. We will coordinate and communicate, but we are not responsible for a third party provider's failure except to the extent that the failure was caused or contributed to by our negligence.

6.1 Unless otherwise agreed in writing, payment for the Funeral Services is required in full no later than 7 days from the date of delivery of the Funeral Account or 24 hours prior to the funeral service, whichever occurs first, and in any event before any cremation or burial occurs.

6.2 If payment is to be made from the Deceased's bank account, we will provide a compliant tax invoice to assist you in meeting the bank's requirements. Ensuring payment is received by the due date remains your responsibility, and we do not control the bank's approval or release processes.

6.3 We may require a deposit or part payment before we order goods or commit to third party services, and you agree to meet payment of such deposit or part payment upon request.

6.4 You acknowledge that payment of the Funeral Account is not conditional on the receipt by you or others of funeral bond funds, funeral plan moneys, superannuation, insurance payments or any such similar payments or receipts. As the person who appointed and authorised us to provide the Funeral Services, you remain responsible for the payment of the Funeral Account in accordance with these Terms and Conditions and regardless of whether any such funds have been received by the due date for payment.

6.6 Interest may be charged on any portion of the Funeral Account not paid in accordance with these Terms and Conditions at a rate of 10% per annum calculated on the outstanding balance from the due date until payment is received. You will also be liable, on an indemnity basis, for all reasonable costs actually incurred in recovering any outstanding amounts.

6.7 If any amount of the Funeral Account remains unpaid, we may engage a collection agency or take other lawful recovery action to recover all outstanding monies. You agree that all reasonable recovery costs, including collection agency fees, legal costs and associated expenses, will be payable by the person responsible for payment of the Funeral Account.

6.8 If more than one person signs the Appointment of Funeral Director or Authority of Appointment of Funeral Director, each person is jointly and severally responsible for payment of the Funeral Account and all other amounts payable under these Terms and Conditions.

7.1 If you cancel or postpone arrangements, you must pay for work completed and disbursements incurred up to the time of cancellation or postponement.

7.2 Because many services are time-critical, some costs may be non-refundable (for example: venue deposits, newspaper notices, floristry, celebrant fees, crematorium/cemetery fees). You agree to be responsible for payment of those costs.

7.3 If you request changes after finalisation of printed materials or confirmations, we may charge reasonable re-work and re-print costs, which you agree to pay.

8.1 We will treat the Deceased with dignity and respect and will take reasonable care in providing mortuary and transfer services.

8.2 You must tell us, to the best of your knowledge, of any infection risks, implanted devices (e.g. pacemakers), hazardous implants, or other risks relevant to safe handling or cremation. Additional costs may apply to manage risks safely and lawfully.

8.3 If circumstances at a location make safe removal impracticable (for example: access restrictions, unsafe environments, refusal of reasonable assistance, or risk to staff), we may postpone removal until a safe plan is agreed. You agree to pay any additional costs which may be incurred.

8.4 We may require additional staff or equipment for bariatric transfers, stairs, difficult access or long-distance or after-hours transfers. Any additional costs will be charged and payable by you in accordance with the Funeral Account or as a variation.

8.5 The Funeral Cost Estimate includes care of the Deceased in our mortuary for up to 21 days from the date the Deceased is transferred into our care.

8.6 If the Deceased remains in our care for more than 21 days, an Extended Mortuary Care and Holding Fee will apply from the 22nd day and will continue to accrue until the Deceased is cremated, buried or transferred from our care. The fee will be charged at the rate specified in the Funeral Cost Estimate provided to you.

8.8 We will notify you in Writing before the Extended Mortuary Care and Holding Fee begins to accrue. The fee will be added to the Funeral Account and will be payable in accordance with clause 6. The fee will not apply to any period of delay caused solely by us.

9.1 If a viewing is arranged, you and attendees must follow our staff directions and safety rules. Children must be supervised at all times.

9.2 We may refuse entry or require a person to leave where their behaviour is aggressive, unsafe, intoxicated, discriminatory or otherwise disruptive. This is to protect families, staff and other visitors.

9.3 You are responsible for ensuring any photos, videos, music, slideshows or tribute content you provide does not infringe copyright or third party rights. You authorise us to use that content for the purpose of the service.

9.4 Where we assist with livestreaming, audio-visual services or external platforms, we will use reasonable efforts but we do not guarantee uninterrupted operation due to factors outside our control, including internet connectivity issues, platform outages or venue restrictions.

10.1 Where cremation is requested, you acknowledge that we may not be able to proceed until all required legal documents are properly completed and accepted by the relevant authority and crematorium. If documentation is incomplete, inaccurate or rejected, cremation may be delayed.

10.2 Unless otherwise agreed in writing, ashes will be released only to the Client (or person authorised in writing by the Client) upon presentation of suitable identification and completion of any required crematorium release/authorisation forms.

10.3 If you request ashes to be sent by courier or post, this must be agreed in writing. To the extent permitted by law, you accept the risk of loss or delay while the ashes are in transit and agree to pay any additional courier, postage, packaging or handling costs.

10.4 Uncollected ashes: where ashes remain unclaimed for an extended period, the crematorium may deal with unclaimed ashes in accordance with applicable law and its procedures. You must keep your contact details up to date for any required notices.

11.1 We will notify you in Writing before the Extended Mortuary Care and Holding Fee begins to accrue. The fee will be added to the Funeral Account and will be payable in accordance with clause 6. The fee will not apply to any period of delay caused solely by us.

11.2 Burial is subject to the rules, requirements and availability of the relevant cemetery. You are responsible for selecting and confirming the required interment rights and providing any required documentation, unless we agree in writing to assist.

11.3 We are not responsible for delays caused by cemetery/council requirements, weather, ground conditions, or the acts/omissions of the cemetery or its contractors, except to the extent caused by our negligence.

12.1 Unless you instruct us otherwise in writing, we may remove jewellery and valuables for safekeeping where reasonably practicable. We will record and return items to the Client or authorised representative.

12.2 You acknowledge that some items may be unsuitable for cremation and may be damaged or destroyed during the cremation process if they are not removed beforehand. You are responsible for identifying any items that you want removed before the cremation takes place.

12.3 Our liability for loss of or damage to personal effects is limited to the extent permitted by law and subject to clause 15.

12.4 Townsville Funerals, Cremations & Crematorium and Burdekin Funerals are unable to retain clothing or personal effects for more than one month after the Service Date. If those items are not collected within that period, we may dispose of them and, to the extent permitted by law, accept no further responsibility for them. We also reserve the right to dispose of contaminated clothing or personal effects in accordance with our work health and safety and infection-control policies.

13.1 If you are dissatisfied, please contact our Office Manager as soon as possible so we can try to resolve the issue promptly and respectfully.

13.2 If a dispute cannot be resolved, either party may propose mediation in Queensland before commencing court proceedings (except where urgent relief is required).

14.1 We collect, use and disclose personal information as reasonably necessary to provide the Funeral Services, comply with our legal obligations, administer and recover Funeral Accounts, and operate our business. This may include disclosing relevant information to third parties involved in providing or administering the Funeral Services (for example: crematorium/cemetery, doctors, celebrants/clergy, printers, florists) where necessary.

Further information about how we collect, use, disclose and protect personal information is set out in our Privacy Policy, which is available on request or on our website.

15.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or other applicable law.

15.2 Subject to clause 15.1, we are not liable for indirect or consequential loss.

15.3 To the extent permitted by law, our liability for a failure to comply with a consumer guarantee in relation to services is limited to the cost of the Funeral Services.

15.4 To the extent permitted by law, our total liability arising out of the services is limited to the amount you paid for the relevant goods and services, except where this would be unlawful.

16.1 These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.

16.2 If any part of these Terms is invalid or unenforceable, it will be read down or severed to the minimum extent necessary and the remainder will continue in force.

16.3 A waiver is only effective if in writing.

16.4 These Terms and Conditions (together with the Appointment of Funeral Director and any written variations) are the entire agreement between you and us for the provision of the Funeral Services.

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