In these Terms & Conditions the following words shall have the following meanings:
Contract the written agreement entered in by Memorial Warehouse and you for the creation and installation of a memorial Memorial Warehouse means “The Memorial Warehouse” an internet trading name of Geere and Pepper Memorials Ltd Order Fee means the cost of your memorial as stated in the Specification (including where specified the cemetery fees) Specification means the particular details of the order which you have placed with us including the details of any inscription and the memorial style, material, design and shape We, Us or Our means the Memorial Warehouse
You or Your means you, the customer, to whom Memorial Warehouse is supplying the memorial
Placing an Order
1. You must provide as much information as possible using the on-line order form (at this stage you are not committed to a contract of any kind). On submission of your order form we will check the details and contact you to confirm order and the cost of the memorial. If you wish to proceed a Specification will be sent to you for signing. As soon as you sign and return the Specification (along with your deposit, as set out below) you will have entered into a binding Contract which is subject to these Terms & Conditions
2. If you wish to proceed with the order, Memorial Warehouse will contact you for further information on certain items such as the grave number, section and the Burial Authority's address and telephone number. The Burial Authority will be contacted to find out their fees and receive guidance on the type of memorials they will accept in their cemetery.
3. You are responsible for checking the details of the Specification and the wording of the inscription carefully. Particular care should be taken in the spelling of names and the accuracy of dates. Memorial Warehouse will not be responsible for mistakes made by you. Any alterations should be notified to Memorial Warehouse and confirmed in writing within 14 days of returning the signed Specification. Memorial Warehouse does not accept responsibility for any errors in the details in the Specification once it has been accepted by you as correct.
Materials & Quality
4. All marble stone and granite used in the manufacture of your memorial are natural quarried materials and as such are subject to natural blemishes, small defects and staining. All such materials are sold subject to these natural blemishes. Any such defects, whether visible to the naked eye or not, will in no way be detrimental to the durability of the materials concerned.
5. The quality or otherwise of a photo-plaque depends entirely on the clarity and size of the photograph supplied. Memorial Warehouse accepts no responsibility whatsoever for the resulting quality of the reproduction. Memorial Warehouse reserves the right to remove the background of a photograph where it is deemed to be appropriate. Memorial Warehouse cannot guarantee the safe return of any original photographs due to the nature of the reproduction process.
6. Unless otherwise specifically stated all embellishments on polished granite memorials are obtained by etching into the surface and not by relief carving.
7. Unless otherwise stated all inscriptions will be incised by means of deep sandblasting. 'V' cut with a chisel. Hand drawn inscriptions are available upon request subject to an additional cost.
8. All measurements are subject to slight variation due to saw tolerance and polishing variances. Imperial measurements may be converted to metric if required.
9. To comply with any applicable burial ground regulations it may be necessary to vary the Specification. Any alterations that may be required will be notified to you before any work commences.
10. A deposit of 50% of the Order Fee is required on receipt of the signed Specification. The balance of the Order Fee is required when the memorial is ready for erection in the cemetery. The memorial will not be erected in the cemetery until the balance of the Order Fee has been paid. Payments sent by post shall be entirely at the risk of the customer.
11. Where any part of the Order Fee remains outstanding Memorial Warehouse reserves the right to remove all, or part of, any memorial and place it in storage. Once the full amount of the outstanding Order Fee plus a re-fixing fee has been received the memorial shall be re-fixed.
12. Title of goods does not pass from Memorial Warehouse until full and final settlement of the Order Fee has been made.
13. It shall be your responsibility to notify Memorial Warehouse, prior to signing the Specification if the grave is situated on sloping ground. Memorial Warehouse reserves the right to vary the Specification and to make an additional charge where additional work and/or variation of the Specification is required to adapt the memorial to sloping ground or otherwise comply with the Burial Ground Regulations.
14. Burial ground fees are not included in the price quoted for materials and installation of the memorial. Any such fee indicated on the Specification is an estimate only and subject to adjustment up or down when the amount of the fee charged by the Burial Authority is known.
15. The prices stated are for the specific memorial style, material, design and shape shown on the website. Memorial Warehouse reserves the right to increase the price shown for any alteration or amendment made to the designs shown.
16. Where an order is for a memorial which incorporates kerbing, unless otherwise agreed, quotations are applicable only to enclosures not exceeding 6'6" x 2'6".
17. Where delays are unduly caused by you not complying with a request for information from us or a failure to make a payment of the Order Fee Memorial Warehouse reserve the right to amend the Order Fee to reflect subsequent changes in costs and materials.
18. Whilst every effort is made to ensure delivery within a reasonable time no responsibility can be accepted for delay due to weather conditions, non-delivery of materials, non-payment of the Order Fee, labour disputes or other causes beyond the control of Memorial Warehouse. Subject to the above it is estimated that brochure designs made at standard sizes, in the material and finish shown will take approximately 12 working weeks to manufacture following permission being granted by the Burial Authority.
19. The costs of delivery and installation in local cemeteries are covered within the prices stated. However Memorial Warehouse reserves the right to levy an additional charge for certain areas outside our usual trading area. Memorial Warehouse will notify you of any such charges in the Specification.
20. Not all graves are marked by the Burial Authority and as such, in order to erect the memorial, you will be required to provide us with a sketch or map indicating the location of the grave and place a clear marker on the grave.
21. If you are dissatisfied with the quality of the memorial, you must notify Memorial Warehouse in writing within 21 days of erection of the memorial at the following address 214 West Street,Dunstable Bedfordshire LU6 1NX. Unless a notice is received by Memorial Warehouse within this period then Memorial Warehouse shall have no liability to you.
Limit of Liability
22. Save as precluded by law, Memorial Warehouse shall not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us and Memorial Warehouse shall have no liability to pay any money to you by way of compensation other than to refund to you an amount equal to the Order Fee (or such amount of the Order Fee that has been received by us from you).
23. Notwithstanding the above, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under any applicable laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
24. Memorial Warehouse cannot accept responsibility for removing and replacing any items which are on the grave that may be lost or damaged when the memorial is being erected. Memorial Warehouse respectfully requires that all such items are removed otherwise the erection of the memorial may be cancelled until such times the items are removed.
25. The memorial has been prepared to your own Specification. Once you have agreed the Specification and returned it to Memorial Warehouse, along with your deposit, you will not be entitled to cancel the Contract.
26. If the Burial Authority refuse permission for the memorial to be erected on grounds which could not be contemplated by either party when entering into the Contract Memorial Warehouse agrees to refund to you all monies received and neither party shall have any further claim on the other.
27. Memorial Warehouse reserve the right to use photographs of any memorial supplied for the purpose of advertising and inclusion in brochures or on the website.
28. Except for our affiliates, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
29. The Contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us