"Delivery" defined
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.
Last modified: May 27, 2006