1. Definitions.
“FSI” shall mean Funeral Services, Inc.
“Purchaser” shall mean the party who signs and has the right to cancel this Agreement.
“Decedent” shall mean the individual whose cremated remains are being transformed to Solidified Remains.
“Firm” shall mean Parting Stone, Inc..
“Remaining Balance Due” shall mean the total price of the purchase less any down payment.
2. Effective Date. This Agreement is made and entered into by and between the parties and is effective as of the date of the last signature hereto.
3. Completeness. Purchaser acknowledges that this Agreement was complete as to all essential terms prior to signing by Purchaser and that a copy thereof was, or will be, delivered to Purchaser.
4. Statement of Guarantee. If this Agreement was paid in full, the prices on page 1 will be guaranteed. If this agreement was paid over time, the prices on page 1 will be guaranteed upon payment in full. Firm shall accept all funds in trust for such items and no additional payment will be due. If this Agreement was not paid in full prior to the request for the Solidified Remains, the price for the Solidified Remains will be treated as non-guaranteed. The current retail prices as published by Parting Stone on its official website will be charged and must be paid prior to the provision of the Solidified Remains.
5. Obligations of Firm. Upon receipt of full payment as outlined in this Agreement, the Firm is committed to shipping the Solidified Remains detailed on page 1, upon preparation of Solidified Remains following receipt of cremated remains for a Decedent identified on page 1. All requests for shipment must be submitted in writing to plan@partingstone.com. The Firm agrees to ship to any location within the United States. For situations where expedited delivery of Solidified Remains is desired, the Firm will make all reasonable efforts to accommodate such requests, contingent upon the availability of expedited processing by the Firm. Additional expedited processing charges will be communicated to the Purchaser for approval prior to the execution of the processing. For situations where expedited shipping is desired, the Firm will make all reasonable efforts to accommodate such requests, contingent upon the availability of expedited shipping options. Additional charges, predicated on the expedited shipping rate, will be communicated to the Purchaser for approval prior to the execution of the shipment.
6. Delivery of Cremated Remains to Parting Stone. Upon receipt of written notice from the Purchaser that Solidified Remains are desired, Parting Stone shall provide a cremated remains collection kit, shipped to the address designated by the Purchaser. Once received, the Purchaser shall use the collection kit provided to ship the cremated remains directly to Parting Stone’s processing laboratory, as instructed. Parting Stone does not coordinate, facilitate, or participate in the shipment of cremated remains from any funeral home, crematory, or death care provider to its facility. All shipments of cremated remains must be initiated and completed by the Purchaser. See Parting Stone’s Terms of Service for full shipping terms.
7. Delivery of Solidified Remains to Purchaser. Delivery of the Solidified Remains is not guaranteed on a date certain. The Firm shall make its best efforts to ensure that the Solidified Remains are delivered promptly and within the estimated timeline communicated at the time of order placement. This Agreement includes standard ground shipping; however, the Firm reserves the right to modify the shipping method as necessary to comply with applicable United States shipping regulations. Requests for expedited shipping may be accommodated, subject to availability and the payment of an additional fee by the Purchaser, incurred at Maturity. See Parting Stone’s Terms of Service for full shipping terms.
8. Allocation of Payments. Each payment received on this Agreement shall be allocated first to other fees and then to merchandise.
9. Method of Funding. Funds shall be deposited into trust pursuant to the law of the Commonwealth of Pennsylvania under which seventy percent of the retail sale price shall be deposited into a merchandise trust fund within thirty days after the end of the month in which the final payment of the purchase price is received by the seller. You, the Purchaser, accept the terms and conditions of the Master Merchandise Trust Agreement for Pennsylvania and the terms and conditions therein and affirmatively authorize the commingling of trust funds related to this Agreement with trust funds related to other prearranged future merchandise agreements. The trustee for the trust funds is Regions Bank. Purchaser irrevocably assigns his or her right to change the trustee of the trust into which funds related to this Agreement are deposited to Firm. Separate accounting will be maintained for each prearranged future merchandise agreement sold by Firm. The Firm, as Settlor of the Trust into which funds are deposited, may request that the trustee make an election pursuant to Section 685, Internal Revenue Code, under which the trust is responsible for the payment of any state, federal and local taxes due upon the income earned by the funds deposited pursuant to this Agreement.
10. Terms of Service and Privacy Policy. Purchaser, by entering into this Agreement, agrees to the Terms of Service and the Privacy Policy available on the www.partingstone.com website.
11. Return Policy. Purchaser, by entering into this Agreement, agrees to the Return Policy available on www.partingstone.com website. No refund shall be processed unless 100% of the Solidified Remains are returned for re-processing back to ash-like consistency..
12. Credit Card Charge Reversal. Purchaser agrees not to dispute or attempt to reverse the charge to Purchaser’s credit card for the Solidified Remains unless the Solidified Remains have been returned pursuant to the Return Policy.
13. Default. If the Purchaser defaults on this Agreement prior to making the final payment, the Firm shall not impose a penalty. Instead, the outstanding balance shall be due from the Purchaser or their representative prior to delivery of the Solidified Remains.
In the event the Firm is unable or unwilling to fulfill this Agreement promptly following the request for the Solidified Remains, Purchaser shall be entitled to a refund of the amount paid toward the Solidified Remains as of the date of the request.
14. Cancellation. Purchaser may cancel this Agreement prior to its fulfillment and receive a refund of the amount paid toward the Solidified Remains as of the date of cancellation.
15. Change of Delivery Address. After Solidified Remains have been shipped, additional charges may be incurred if the delivery address is changed.
16. Change of Address. Purchaser agrees to notify the Firm of any change of address of the Purchaser within 30 days of such change.
17. Notices. Any notice required to be given pursuant to this Agreement may be given by recognized overnight or electronic means with electronic acknowledgement forwarded by Firm.
18. Construction. Notwithstanding anything in the Terms of Service to the contrary, this Agreement shall be construed under the provisions of Pennsylvania law. If any portion of this Agreement is determined to be invalid, void or unenforceable, the remainder of the Agreement will remain in full force and effect and will not be impaired or invalidated.
19. Entire Understanding. Subject to acceptance by the Firm, this Agreement shall be binding upon the successors, assigns and legal representatives of the parties and may only be amended in writing and executed by the parties. This Agreement, the trust established pursuant hereto and any related documents executed by Purchaser, shall constitute the entire agreement between the parties. The waiver by either party of a breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
20. Performance of Agreement. This Agreement shall be deemed a contract executed and fully performed in the Commonwealth of Pennsylvania. Delivery shall be deemed to occur at Firm’s registered office in Pennsylvania. Firm has agreed to arrange, on behalf of Purchaser at Purchaser’s expense as indicated on page 1, for transit to the Delivery Address, identified on page 1 or to be provided, and for insurance for damage in transit.
21. WARRANTIES. THE ONLY WARRANTIES, EXPRESSED OR IMPLIED, GRANTED IN CONNECTION WITH THE SOLIDIFIED REMAINS SOLD PURSUANT TO THIS AGREEMENT, ARE THE EXPRESS WRITTEN WARRANTIES, IF ANY, EXTENDED BY THE MANUFACTURERS THEREOF. NO OTHER WARRANTIES AND NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXTENDED BY THE FIRM.
