This is part of your contract. Please read completely and carefully. Ask a funeral director or a member of our staff if you do not understand any of this Agreement.
Assignment of moneys due:
You agree that any moneys assigned to us in conjunction with this sale shall be paid to us within 45 days of the date of this Agreement. Upon our giving you at least five (5) days prior written notice that any moneys due under the assignment(s) described in this Agreement have not been paid to us as promised, we can require that any such unpaid amount(s) previously credited to your account be paid by you at once.
Waiver of Rights:
We have not, by execution of this Agreement with you, waived any rights we have to file a claim in the estate of the decedent named in this Agreement. Any amounts collected by us from the estate of the decedent, or from any other source, shall be credited against any amount owed by you under this Agreement.
Warranties We Disclaim:
By signing this Agreement you understand that we, not being the manufacturer of any of the goods being purchased, expressly disclaim all warranties, expressed or implied, of merchantability or fitness for a particular purpose or otherwise. The only warranty on the casket or outer burial container, or both, sold in connection with this service is the express written warranty, if any, granted by the manufacturer. This funeral home makes no warranty, express or implied, with respect to the casket or outer burial container, or both. The entire risk as to the quality and performance of the goods remains with the manufacturer and not us. Should the goods prove defective following their purchase, either the manufacturer or you, and not us, will assume the entire cost of all necessary servicing or repair. We are selling the goods on an as is or with all faults basis. You agree that you are not entering into this Agreement based on any statement of fact or promise made by us to you which relates to the goods being purchased, on any description of the goods, or on the exhibition of any sample or model of the goods. You also agree that the failure of the goods to conform to any such statement of fact, promise, description, sample or model, shall not give you any rights against us.
Limitation of Damages and Remedies:
By signing this Agreement you expressly waive, and you agree that you shall not be entitled to recover damages or losses of any kind, whether direct or consequential, based on negligence. You further acknowledge and agree that emotional distress will not be one of the claimed items of damage for any breach of contract.
Notices to You (the Buyer):
Notice to you shall be sufficient if mailed to your last known address.
Delay in Enforcement:
We can delay enforcing any of our rights under this Agreement without losing them. No such delay, forbearance or other action or inaction on our part will create any new Agreement or understanding with respect to the payment or other terms herein unless there is a writing signed by both parties with respect to any such new Agreement or understanding.
We can choose to accept partial payments, even though marked to indicate payment in full or full satisfaction of debt, without losing any of our rights under this Agreement. No acceptance by us of a check for such partial payment shall be deemed a modification of the Agreement.
Collection of Costs and Attorney’s Fees:
This Agreement may be referred to any attorney who is not our salaried employee for collection and enforcement. In such event, you agree to pay, in addition to default charges, all reasonable costs of collection, including court costs and reasonable attorney’s fees incurred by us.
Responsibility for Payment:
This Agreement shall not constitute a release of liability imposed by law upon the decedent’s estate. All persons signing this Agreement will be responsible individually and together for paying all amounts due under this Agreement. We can take action against you to collect amounts due under this Agreement, even if we do not take such action against any other person(s) signing this Agreement.
Limitation of Action:
You agree that to the extent allowed by law, any action against us for breach of this Agreement must be commenced by you or your representative(s) within one year after such cause of action has accrued.
If any part of this Agreement is unenforceable, the rest of the Agreement will stay in effect.
Titles and Captions:
The titles and captions appearing at the beginning of the various sections of this Agreement have been inserted for convenience of reference only. They will not in any way affect the construction, interpretation or meaning of the text of said sections themselves.
This Agreement contains all terms which have been agreed upon by us and you relating to the goods and services listed on the Statement of Funeral Goods And Services Selected/Purchase Agreement. This Agreement 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 Agreement unless it is written and is signed by both us and you.
The Agreement shall be governed by the local law of the state in which the funeral service is being performed and you agree that the jurisdiction of any suit involving this will lie in the courts in that jurisdiction.
Returned Check Fee:
Any check issued to us for payment of the goods and services selected in the Agreement and returned to us by your bank for non-sufficient funds will incur a $35.00 returned check charge and will be due and payable together with the full amount of the Agreement at once.
Questions Regarding Service:
In the event you wish to question any area of our service, you may contact us at your convenience at the address shown on Part 1.