Memory Stones Terms & Conditions, a legally enforceable Terms & Conditions document, consistent with the Uniform Commercial Code (UCC, Articles 2 & 2A). The UCC governs contracts for the sale of goods in the U.S. and ensures enforceability if a dispute arises

Memory Stones – Terms & Conditions:

(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.

3. Payment Terms

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. All payments are subject to Article 2 of the UCC governing the sale of goods.

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).

5. Warranty & Guarantee

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

5.2. 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.

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

6. Limitation of Liability

6.1. 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.

6.2. 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).

7. Risk of Loss

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

8. Governing Law

8.1. 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.

9. Entire Agreement

9.1. This Agreement, together with the confirmed order details, constitutes the entire understanding between Buyer and Seller.

9.2. No modification shall be effective unless made in writing and signed by both parties (UCC §2-209).

Memory Stones – Refund & Return Policy

(Effective Date: 01/01/2001)

We want you to feel confident ordering with Memory Stones. Please review our refund and return policy carefully.