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.]
Structure Idaho Code
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 11 - MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS
Section 54-1101 - PUBLIC INTEREST AND CONCERN IN DISPOSITION OF HUMAN BODIES.
Section 54-1102 - DEFINITIONS.
Section 54-1103 - PERSONS REQUIRED TO HAVE LICENSES.
Section 54-1104 - EXEMPTIONS FROM PROVISIONS OF CHAPTER.
Section 54-1105 - BOARD OF MORTICIANS.
Section 54-1106 - POWERS AND DUTIES OF BOARD.
Section 54-1107 - POWERS AND DUTIES OF DIVISION ADMINISTRATOR.
Section 54-1108 - EXAMINATION OF APPLICANTS FOR LICENSE — SUBJECTS — CERTIFICATION OF RESULTS.
Section 54-1110 - INACTIVE LICENSES.
Section 54-1112 - REQUIREMENTS FOR RESIDENT TRAINEE LICENSE.
Section 54-1115 - LICENSE FEES.
Section 54-1115A - ANNUAL RENEWAL — REINSTATEMENT.
Section 54-1116 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSES — GROUNDS — PROBATION.
Section 54-1117 - WRITTEN COMPLAINT — PROCEDURE FOR SUSPENSION OR REVOCATION OF LICENSE.
Section 54-1121 - ACCOUNTING PROCEDURE — INCOME AND EXPENSES.
Section 54-1127 - INJUNCTION AGAINST VIOLATIONS OF ACT — VENUE.
Section 54-1128 - VIOLATIONS CONSTITUTING MISDEMEANORS — EXCEPTIONS — ENFORCEMENT.
Section 54-1129 - DECLARATION OF INTENT.
Section 54-1130 - SCOPE AND EXCEPTIONS.
Section 54-1131 - DEFINITIONS.
Section 54-1132 - CERTIFICATE OF AUTHORITY — REQUIREMENTS — DISPLAY OF CERTIFICATE.
Section 54-1133 - FORM AND CONTENT OF CONTRACT — PRICE DISCLOSURE.
Section 54-1134 - PREARRANGEMENT TRUST FUND DEPOSITS.
Section 54-1135 - CANCELLATION OF CONTRACT — REFUND OF TRUST DEPOSITS.
Section 54-1136 - SOLICITATION — LIMITATIONS.
Section 54-1137 - SUBSTITUTIONS — MERCHANDISE, SERVICES OR PROVIDER.
Section 54-1138 - ENFORCEMENT PENALTY — DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS.
Section 54-1139 - INSTRUCTIONS FOR DISPOSITION OF PERSON’S REMAINS.
Section 54-1140 - PERSON’S DIRECTIONS TO BE FOLLOWED — EXCEPTION.
Section 54-1141 - SURVIVOR’S SERVICES.
Section 54-1142 - AUTHORITY IN ABSENCE OF OR UNCOVERED PROVISIONS IN A PREARRANGED FUNERAL PLAN.