The “Purchaser”, by completing the online Order Form for funeral merchandise, hereby agrees to purchase the following merchandise described herein, subject to acceptance and approval by hereinafter referred to as “Seller”. All sales are final. Credit and/or exchange allowed only upon approval from Seller. Placement of the order indicates the Purchaser’s acceptance of all of the Terms and Conditions listed herein. Receipt of an email confirmation of order placed does not signify Seller’s acceptance, nor does it constitute confirmation of Seller’s offer to sell. Seller reserves the right at any time before or after an order to accept or decline for any reason. All orders over $500 may require additional verification prior to acceptance by Seller.
Purchaser guarantees that the information completed regarding the Height and Weight of the Deceased described on the Order Form in accurate. Any misinformation or errors are the sole responsibility of the Purchaser. Purchaser also guarantees that the Receiving Funeral Home information is accurate regarding the shipping and receiving location for the casket. Any re-delivery attempts and charges will be the sole responsibility of Purchaser and Purchaser authorizes Seller to charge the Credit Card on file for these additional charges. There is a minimum re-delivery charge of $50.
In no event shall Seller’s Directors, Officers, Employees and Representatives be liable for special, indirect, and consequential or punitive damages related to any product sold on its sites.
Seller reserves the right to refuse to process any order containing errors in pricing or description by either the Purchaser or Seller whether the order is placed or not.
Caskets shipped outside of California are not subject to sales tax by the Seller. Purchaser is liable for all sales or other taxes on orders shipped into any state other than California. Seller is responsible and Purchaser is liable for sales tax on any casket purchased for use in California.
The Total Cash Price – casket, shipping, and applicable sales tax - is due and payable as of the date and time of this online Order Form’s completion and submission to Seller. A Service Fee/Delinquency charge of 1 1/2 % will be assessed monthly on the total balance from date of order if for any reason the credit card submitted is refused or funds sent are denied for any reason. If less than full payment is received, Seller shall deduct the accrued Service Fee/Delinquency charge from the amount received, and credit the remainder of the payment received to the Unpaid Balance. Balance due must be received no later than prior to delivery.
SECURITY INTEREST: Seller (or its assigns) will have a security interest in the Merchandise being purchased as described above. Seller will retain title to said Merchandise until the Total Cash Price, together with any Service Fees/Delinquency charges thereon have been paid by Purchaser to Seller.
It is expressly understood that acceptance of this Agreement shall not preclude the Seller from filing a claim against the estate of the deceased and such claim shall be an additional and cumulative remedy, the filing of which shall not release the Purchaser nor prevent the taking of any legal procedure necessary to effect the collection of amounts owed under this Agreement. This agreement shall be binding on the heirs, devisees, executors, administrators and assigns of Purchaser. In the event this Agreement is completed by more than one person as Purchaser, all parties shall each be jointly and severally bound and liable for all obligations of a Purchaser under this Agreement.
Seller and Purchaser agree that it is impractical and extremely difficult to fix the actual damage, if any, which may proximately result from a breach of this agreement by seller or from any error or mistake by seller in connection with its preparation, execution or performance. Accordingly, Seller and Purchaser further agree that in the event Seller fails to perform or furnish the services, commodities or merchandise as described in this agreement, whether a result of error, mistake or otherwise, or in the event of any other breach by seller of this agreement, seller shall pay to purchaser, as liquidated damages and not as a penalty, the sum of $100. Which sum represents a reasonable endeavor by Seller and Purchaser to estimate a fair compensation for the foreseeable losses that might result from said failure or breach.
Purchaser’s rights under this Agreement may not be assigned without the written consent of the Seller. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the Purchaser. Purchaser further agrees that Seller may assign its rights under this Agreement and that this Agreement shall be binding upon and inures to the benefit of the successors and assigns of the Seller.
DISCLAIMER OF SELLER’S WARRANTIES: The only warranty on any goods sold in connection with this Agreement is the express written warranty, if any granted by the manufacturer. Seller makes no warranty, express or implied, including any implied warranties of merchantability, with respect to the goods so described. Description terms are generally those of only the manufacturer, not of the Seller. If the casket is constructed with a Gasket and any Lock mechanism, Purchaser is notified that there is no scientific or other evidence that any casket with a sealing device will preserve human remains. Also, Seller makes no claims as to the evidence that any casket from Seller will keep out or in any elements from or to the deceased.
Purchaser agrees that it is impossible for the Seller to control the actions of the Funeral Director, Funeral Home, or any Funeral employee handling the remains and casket of the deceased while accepting the casket and/or directing the services for the Purchaser. Failure on the part of any of these individuals or entities is the full responsibility of the Purchaser and not Seller. Purchaser is responsible to report to Seller any problems with the casket within 6 hours of receipt of delivery to the Funeral Home. Merchandise damaged by the Funeral Home or its personnel is the sole responsibility of the Purchaser and not the Seller. Any failure on the part of the receiving Funeral Director, Funeral Home, or any Funeral employee handling the casket to properly shut, lock, or otherwise close the casket is the sole responsibility of the Purchaser and not Seller.
ENTIRE AGREEMENT: This Agreement contains all terms that have been agreed upon by the Purchaser and the Seller relating to the goods and services purchased on the order form. This Order Form replaces all other discussions and agreements, whether oral or written, relating to those goods and services. No subsequent discussion or agreement can change the terms of this purchase unless it is written and is signed by both the Purchaser and the Seller (or the Seller’s assignee).
NOTICE: Any holder of this consumer purchase agreement is subject to all claims and defenses which the debtor could assert against the Seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
All payments shall be applied in the following order: 1) interest or delinquency charges then due; 2) cost of services and shipping, if any; 3) purchase price of merchandise; 4) Other advance fees. Cancellations and/or Returns, if approved by Seller, are subject to a minimum $250 charge plus all related shipping and handling charges for both sending and return of the merchandise. Returned checks are subject to a minimum $25 fee.
The purchase for the Casket described is a “type” only description regarding gauge of metal, color, interior type, material of construction, and finish. Exact item purchased may not be available at time of required delivery or adhere to the exact photo portrayed on the web site. Seller will supply an equivalent quality item, which conforms to the general description, listed within the item description.
All delivery and shipping charges are non-refundable. Orders accepted by 10AM Pacific Standard Time are considered accepted for that day, Monday through Friday. All orders after 10AM or on Saturday, Sundays, and major Holidays, are considered processed for the following available business day. Shipments on Saturday, if allowed, will incur extra charges. No deliveries will occur on Sundays or major Holidays. Special AM and time specific deliveries will incur extra charges. Since it is impossible to anticipate all the extra charges associated with these special deliveries, charges may be made to the credit card on file after receipt of the delivery charges from the freight company for additional charges. Shipping and freight is contracted by Seller to many different 3rd party contractors, and failure on the part of the shipping company to deliver at the specified time is not in the control of Seller, and Seller is not liable in any way for this failure beyond the amount collected for freight from Purchaser. Seller will make every effort possible to complete the delivery of casket purchased, but Purchaser releases Seller from any liability for late shipments. Damaged shipments must be held for inspection by the shipping company, and Seller may not be able to provide another exact product within the original time specified. Purchaser agrees to allow Seller a reasonable time to attempt shipment of another casket to arrive before the required service time with no additional charges to the Purchaser. Should Purchaser refuse, Seller is released from all liability to provide another casket in place of the damaged casket. Damaged casket then becomes the sole property of the Purchaser, with no responsibility by Seller to provide a refund, credit, or replacement. Any casket refused by the Funeral Home incurs an additional $750 charge to the Purchaser and after order has been placed, and casket shipped, there are no cancellations allowed. Purchaser is responsible to accept the casket at either the Funeral Home specified on the order form, or another local address provided.
NOTICE: BY COMPLETING THE ORDER FORM, PURCHASER HAS READ ALL TERMS AND IS AGREEING ANY CLAIM PURCHASER MAY HAVE AGAINST SELLER SHALL BE RESOLVED BY ARBITRATION AND PURCHASER IS GIVING UP HIS/HER RIGHT TO A COURT OR JURY TRIAL AS WELL AS HIS/HER RIGHT OF APPEAL.