TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 11

MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS

54-1137.  Substitutions — Merchandise, services or provider. (1) If the particular merchandise or service specified in the contract is unavailable at the time of delivery, the certified seller shall furnish merchandise and services similar in style and at least equal in quality of material and workmanship.

(2)  The evaluation of quality shall be based on objective criteria.

(3)  The person making arrangements for the funeral of the contract beneficiary shall choose the goods and/or services to be substituted and this choice must be reasonable based on the standards in subsections (1) and (2) of this section.

(4)  If the certified seller is unable to provide merchandise and services or acceptable substitute merchandise or services under the terms of the contract, then the person responsible for arrangements for the funeral of the contract beneficiary may choose another provider and the funds in the trust shall be used to pay for the merchandise and services of the substitute provider.

History:

[54-1137, added 1989, ch. 138, sec. 2, p. 316; am. 2020, ch. 257, sec. 15, p. 753.]