When you select “Accept Terms & Conditions of Sale” you agree to each of the following terms and conditions:
ACCEPTANCE OF ORDER
Acceptance of any order sent to MemorialTrees.com by the Purchaser is entirely at the discretion of MemorialTrees.com.
PRODUCT PRICING
Prices quoted for the goods or as posted on the MemorialTrees.com web site or otherwise presented are subject to change without notice.
DELIVERY
Delivery dates are given to the best of the knowledge of MemorialTrees.com based on its knowledge of the conditions existing at the time of sale. MemorialTrees.com will do its best to ship Certificate Packages within its quoted delivery estimate, but failure to make shipment as scheduled does not constitute a cause for cancellation, does not constitute a breach of contract and/or does not entitle the Purchaser to damages of any kind. The delivery of this order is contingent on the ability of MemorialTrees.com to obtain supplies and materials or finished products from a third-party manufacturer. Memorial Trees is not responsible for delays for reasons beyond its control (i.e., fires, strikes, delays of carriers, etc.) Shipments and deliveries shall be subject to approval of MemorialTrees.com
Memorial Trees .com reserves the right, to defer shipment, or may, at its option, cancel the shipment of products..
PAYMENT TERMS
Terms of payment are effective from the date of receipt of the order.
You (Purchaser) authorize MemorialTrees.com to make a withdrawal from your bank account to pay the MemorialTrees.com bill for services provided.
You are the bank account holder or an authorized agent for the bank account listed above.
Your bank account is with a U.S. bank, and you understand that your bank may charge for this service.
Your payment will be debited from your bank account at a time convenient to MemorialTrees.com billing schedule.
CANCELLATION POLICY
From the date of shipping, a thirty (30) day guarantee of satisfaction is provided to the purchaser. However, Purchaser shall pay for any and all unrecoverable costs resulting from the cancellation of any order. Including but not limited to the total cost of shipping each way, and/or the retail purchase price of a frame (if not returned to MemorialTrees.com in usable and resale condition).
SHIPPING
All shipments are facilitated through the US Mail. Certificate Envelope Packages will be shipped “first class” US Mail. US “Priority” 2-3 day mail is available at additional cost. Certificates presented in the optional frame offerings, will be shipped by US Priority Mail at additional charge(s) over and above the first class charge. Overnight Express Mail is available at additional charge.
ACCEPTANCE OF GOODS
The Purchaser shall inspect the goods within seven (7) days upon delivery. Failure to inspect within seven (7) days after delivery shall constitute a waiver of the Purchaser’s rights of acceptance and shall be equivalent to acceptance of the goods. Purchaser agrees to pay all costs of inspection. If upon inspection goods are rejected as nonconforming or for any reason, Purchaser shall notify Memorial Trees of rejection within seven (7) days of delivery.
RETURN OF GOODS
Unused products may be returned to MemorialTrees.com with 30 days for full refund, less any shipping charges, which are the responsibility of the Purchaser. Returns of unused products after 30 days are at MemorialTrees.com discretion.
REQUESTED PLACE OF PLANTING
The “request” of a State or Province as a place of planting is a “request” and is not guaranteed, as a condition of sale.
PLANTING DISCLOSURE
MemorialTrees.com and their assigns reserve the right to order tree plantings in areas solely determined by MemorialTrees.com, the planters and/or land managers. Emergent plantings, soil stabilization conditions and requirements, as a result of fire, flood or pest infestation, together with program participation, weather and other factors will determine the planting site. These factors will supersede all other factors and conditions of planting.
GUARANTEE
Our guarantee to the purchaser is to facilitate the planting of memorial tree(s) within the boundaries of the United States and Canada. While requests for planting in a specific location (i.e. state or province) will be considered, the location of planting cannot be guaranteed.
WARRANTIES
THERE ARE NO WARRANTIES BEYOND THE EXPRESSED MEMORIALTREES.COM GUARANTEE OF SATISFACTION OFFERED WITH THE SALE OF EACH PRODUCT. NO ADDITIONAL WARRANTIES ARE GIVEN OR IMPLIED BEYOND THE GUARANTEE, IF ANY. IN NO EVENT SHALL MEMORIALTREES.COM BE LIABLE FOR LOSS OF PROFITS OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY BREACH OF THIS CONTRACT OR OBLIGATIONS UNDER THIS CONTRACT, INCLUDING BREACH OF GUARANTEE, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
LIMITATION OF LIABILITY
The Purchaser’s sole remedy and the limit of MemorialTrees.com liability for any loss whatsoever shall not exceed the Purchaser’s price of the product(s). The determination of suitability of products to the specific needs of the Purchaser is solely the Purchaser’s responsibility. THERE ARE NO GUARANTEES BEYOND THE EXPRESSED GUARANTEE OFFERED WITH THE SALE OF EACH PARTICULAR PRODUCT. EXCEPT AS SPECIFICALLY PROVIDED IN THIS DOCUMENT, THERE ARE NO OTHER GUARANTEES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OR ADVICE GIVEN BY MemorialTrees.com, ITS AGENTS OR EMPLOYEES SHALL CREATE A GUARANTEE OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESSED GUARANTEE OFFERED WITH THE SALE OF EACH PARTICULAR PRODUCT.
CUSTOMIZED PRODUCTS
MemorialTrees.com reserves the right to require prepayment on custom orders. Claims by Purchaser of nonconformance to specification must be made to Memorial Trees.com within ten (10) days of delivery. Failure to inspect and make a claim within ten (10) days of delivery constitutes acceptance of the goods. Orders to Purchaser’s specifications are executed only on the agreement that the Purchaser shall indemnify MemorialTrees.com and hold it harmless for any loss, cost or damages of any nature resulting or arising from any infringement of patents or any alleged infringement of patents or infringement of any other intellectual property rights.
INTERPRETATION
This writing is intended by the parties as final expression of their agreement and is intended as a complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade shall be relevant to supplement or explain any term used in these terms and conditions. Acceptance or acquiescence in a course of performance rendered under these terms and conditions shall not be relevant to determine the meaning of these terms and conditions even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection.
MODIFICATION
These terms and conditions can be modified or rescinded only by a writing signed by both the parties or their duly authorized representatives.
APPLICABLE LAW
These terms and conditions shall be governed by and construed in accordance with the provisions of the Uniform Commercial Code as adopted by the Commonwealth of Massachusetts. Neither the 1980 United Nations Convention on Contracts for the International Sale of Goods nor the United Nations Convention on the Limitation Period in the International Sale of Goods will apply to this Agreement or any transaction under it.
By submitting their order to MemorialTrees. com, the purchaser indicates by that action that they have read on agree with the terms and conditions of the sale.
