(Prepared in Accordance with the Uniform Commercial Code)

These Terms & Conditions (“Agreement”) govern all sales of headstones, grave markers, and related products (“Goods”) by Memory Stones (“Seller”) to the customer (“Buyer”). By placing an order, Buyer agrees to be bound by these Terms.

1. Cemetery Approval

1.1. Each cemetery has its own rules regarding headstones and markers. Buyer is solely responsible for confirming requirements with their cemetery before placing an order.

1.2. At Buyer’s request, Seller may contact the cemetery to confirm compliance of the selected marker. This service is provided as a courtesy. Buyer remains responsible for accuracy of cemetery requirements.

1.3. Seller shall not be liable for rejection of a marker due to inaccurate or incomplete information supplied by Buyer or the cemetery.

2. Order Process

2.1. Seller shall provide written confirmation of order details (including spelling, dates, and design) before commencing production.

2.2. Buyer must carefully review and approve all order details. Once production begins, any changes or cancellations may incur additional costs.

2.3. Acceptance of an order occurs when Buyer provides written approval of design and payment is received in full, unless otherwise agreed in writing.

2.4. If Buyer requests layout changes after approval but before engraving, administrative fees may apply depending on product size and type.

3. Payment & Refunds

3.1. Payment in full is required prior to commencement of production unless an alternative arrangement is expressly agreed in writing.

3.2. Once production has started, all payments become non-refundable.

3.3. Because each memorial is custom-made, all sales are final once production has begun, except as required by applicable law.

4. Shipping & Delivery

4.1. Free standard shipping is included for deliveries within the contiguous 48 United States.

4.2. Orders shipped to Alaska or Hawaii are subject to additional fees, which shall be disclosed and confirmed after order placement.

4.3. Delivery times are estimates only and may vary depending on production schedules and cemetery approval. Seller shall not be liable for delays beyond its reasonable control (UCC §2-615).

4.4. Delivery Policy:

All shipments are curbside delivery only. Buyer is responsible for moving the product after delivery.

No PO Boxes accepted. A valid physical address with an available recipient is required.

If delivery fails and item is returned, Buyer must pay a re-delivery fee before reshipment.

Address changes after shipment may incur additional carrier fees.

5. Installation

5.1. If Seller does not perform installation, Buyer is solely responsible for arranging installation with the cemetery or a third party.

5.2. Seller shall not be responsible for damage, delays, or additional costs associated with installation performed by Buyer, cemetery personnel, or third parties.

5.3. Improper installation of upright headstones may cause damage, breakage, or injury. Seller disclaims all liability for accidents, injuries, or damages resulting from third-party installation.

6. Warranty & Guarantee

6.1. Seller warrants that all products shall be free from defects in materials and workmanship at the time of delivery.

6.2. This warranty does not cover:

• Normal weathering or natural aging,

• Damage caused by vandalism, cemetery equipment, or third parties,

• Improper installation not performed by Seller.

6.3. Seller’s sole obligation under this warranty is, at its option, repair or replacement of defective products.

6.4. Items damaged in transit or engraved incorrectly due to Seller’s error will be replaced at no charge, provided Buyer notifies Seller within 7 days of delivery.

7. Natural Variations in Stone

Products made from natural materials (marble, granite, stone, etc.) have inherent variations in color, veining, and texture. These natural differences do not constitute defects, and no refund or replacement will be made for normal variations. Environmental exposure (sun, salt, wind, precipitation) may alter appearance over time. Samples and images shown online may not exactly match delivered products.

8. Intellectual Property & Custom Orders

Buyer represents and warrants that they have the lawful right to use all text, designs, or images submitted for engraving. Orders will be produced “as submitted,” and Buyer is solely responsible for verifying accuracy. Seller may reject orders containing offensive, infringing, or objectionable content. Seller shall not be responsible for errors in Buyer-submitted text or content.

9. Limitation of Liability

9.1. Seller’s liability shall in all cases be limited to the purchase price of the Goods or the cost of repair/replacement, whichever is less.

9.2. Seller shall not be liable for incidental, consequential, or punitive damages, including but not limited to costs arising from cemetery rejection, installation by third parties, or delays (UCC §2-719).

9.3. Buyer agrees to indemnify and hold harmless Seller, its employees, and affiliates against claims, damages, or expenses arising from Buyer’s use of products, installation errors, or intellectual property violations.

10. Risk of Loss

Risk of loss passes to Buyer upon tender of delivery to the carrier (UCC §2-509), unless installation is performed by Seller.

11. Force Majeure

Seller shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to natural disasters, labor strikes, government actions, pandemics, supply-chain disruptions, or transportation delays.

12. Governing Law & Dispute Resolution

12.1. This Agreement shall be governed by and construed under the Uniform Commercial Code as adopted by the state in which the Buyer’s order is placed, and supplemented by applicable state law.

12.2. Any dispute or claim shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. Venue shall be in the state where Seller is headquartered, unless otherwise agreed in writing.

13. Attorney’s Fees

In any dispute arising under this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

14. Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

This Agreement, together with the confirmed order details, constitutes the entire understanding between Buyer and Seller. No modification shall be effective unless made in writing and signed by both parties (UCC §2-209).