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Use of
this site constitutes acceptance of our Terms & Conditions.
CONDITIONS and TERMS of PURCHASE
The “Purchaser”, by ordering a casket from National Casket
Gallery, 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.
The Total Cash Price – casket, shipping, and applicable sales tax,
if any, 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 11 AM Eastern Standard Time are considered accepted
for that day, Monday through Friday. All orders after 11AM 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 PLACING AN ORDER FOR A CASKET, 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.
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Copyright 1999-2007
National Casket Gallery. All Rights Reserved.
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