Sec. 5. As used in this chapter, "delivery" means the time when:
(1) services are performed in connection with the funeral or other disposition of the purchaser or the individual for whom services are to be provided under the contract;
(2) except for merchandise described in section 8(1)(A) and 8(1)(C) of this chapter, the merchandise is:
(A) in the possession of the purchaser or used for the intended purpose of the merchandise; or
(B) permanently installed on or in cemetery property, the burial rights to which have been transferred or granted to the purchaser or individual for whose interment the merchandise is to be used; or
(3) except for merchandise described in section 8(1)(A) and 8(1)(C) of this chapter, the merchandise is:
(A) purchased by the seller and stored in manufactured form, in a manner and number equal to all merchandise sold, on the premises where the merchandise is to be used or installed and specifically identified in the name of the purchaser, although any applicable installation or final finishing fees remain subject to the terms of the contract made under this chapter; or
(B) permanently identified with the name of the purchaser or individual for whom the merchandise is to be provided and delivered to a warehouse, with both title to the merchandise and a warehouse receipt delivered to the purchaser, and notification to and acceptance of delivery acknowledged in writing by the purchaser.
As added by P.L.200-1991, SEC.1. Amended by P.L.241-1995, SEC.3; P.L.236-1995, SEC.52; P.L.114-1999, SEC.2.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 13. Payment of Funeral, Burial Services, or Merchandise in Advance of Need
30-2-13-1. Applicability of Chapter
30-2-13-2.5. "At-Need Services and Merchandise"
30-2-13-8. "Prepaid Services or Merchandise" or "Services or Merchandise"
30-2-13-11. "Trustee" or "Escrow Agent, Acting as a Fiduciary"
30-2-13-11.5. "Cash Advance Item"
30-2-13-12.1. Contracts Entered Into After December 31, 1995, and Before July 1, 1999
30-2-13-12.5. Contracts Entered Into After June 30, 1999
30-2-13-13. Designation of Successor Sellers
30-2-13-17. Successors to Seller; Obligations
30-2-13-18. Compensation and Expenses of Trustee; Withdrawal of Tax Liability
30-2-13-20. Funeral Service Contracts; Ratification by Funeral Director
30-2-13-21. Agents of Seller; Seller Liability; Written Statement
30-2-13-22. Seller Bond or Permit
30-2-13-23. Contracts; Invalid Provisions; Unenforceable Contracts
30-2-13-24. Seller or Agent; Prohibited Acts
30-2-13-25. Solicitation of Sales; Conditions
30-2-13-26. Confidentiality of Contracts
30-2-13-28. Preneed Consumer Protection Fund; Establishment; Funding
30-2-13-29. Fund Uses; Complaints; Annual Review
30-2-13-30. Seller Records and Books
30-2-13-32. General Price List
30-2-13-33. Certificates of Authority
30-2-13-35. Seller Misrepresentation
30-2-13-36. Suspension of Certificates of Authority; Fines
30-2-13-38. Uncured Deceptive Acts; Violations; Injunctive Relief; Private Right of Action
30-2-13-39. Prohibited Relationships Between Sellers and Trustees or Escrow Agents