TERMS & CONDITIONS OF USAGE

We welcome you to our website and we hope you enjoy your visit. By using our electronic resources you agree to be bound by its terms and conditions as we explain herein, as well as those that appear elsewhere on our website.

You agree when using this web site which belongs to Burton Fletcher, d/b/a ValdostaMemorials (and the equally affiliated AAA-Memorials.com) that: The ValdostaMemorials web site and the materials therein are provided “as is.” We reserve the right to make changes to our website and its Terms & Conditions of Usage and Legal Notices as we may desire without further notice. Should you have any dissatisfaction with our website, please inform us.

Note: It is unlawful to tamper with our site. Likewise, misrepresentations as to identity or using purchasing representatives or conducting inappropriate activities is prohibited and strictly enforced.

Burton Fletcher, d/b/a AAA-Memorials.com and ValdostaMemorials.com, hereafter identified as “Company,” and Purchaser, hereafter identified as “Client,” hereby agrees to deliver a monument as follows

Charge Items: Family name and dates of birth and death carved on front and back of the memorial in a sunken format.

Additional Lettering charged at $5.00 per letter for lettering up to 3 inches tall.

Raised letters are additional, with a separate quote required.

For your protection, and ours, we do not commence carving the stone until we have a signed agreement approving the design and authorization by the client. This is standard practice within the stone industry.

It is imperative that Client makes a final inspection of the drawing and that Client understands all dimensions and finishes before signing.

Client agrees to verify one last time that the color of granite, dimensions, wording, spelling, dates and artwork are satisfactory. Once Client signs the above agreement, changes may be impossible to make, and the burden of a mistake will be on Client.

All orders must be accompanied by payment at the time of sale. We accept Visa or MasterCard. We will require the name on the card, billing address, type of credit card, card number, expiration number and 3-digit code on the reverse side of the card.

We also accept money orders, checks, and cashier’s checks. Normally, there is a hold of 10-working days on orders for checks that are not certified. There is a $25 fee for any checks that are returned due to insufficient funds.

Please note that all granite and marble colors are average samples only and due to the nature of stone, a variance in color is typical. Due to granite being a natural material, rough block, slabs, tiles, and monuments are all liable to vary in color and veining, therefore absolute resemblance cannot be guaranteed.

Granite is a product of nature and therefore subject to variation in color and veining. Samples are only representative of this material and cannot be guaranteed for absolute resemblance.

Our prices include the specified merchandise along with any agreed upon options and shipping within the United States.

Our prices do not include foundation, installation, sidewalks, landscaping, perpetual care and other cemetery licenses, licensing or setting fees or charges, funeral home charges, sales taxes, rush charges, overnight nor 2nd day delivery charges nor extra cost options unless otherwise agreed in writing, and requirements are not included unless specifically set forth herein.

Company requires direct access to the site. If installation costs are included, we have estimated all installation costs, including crane costs and construction equipment for a relatively flat site that is easily accessible.

Should there be any undisclosed issues regarding access, then Client understands that additional fees will be charged.

We also sell other products and services including: oil paintings, engraved rock; monuments; mausoleums; memorials; silk flowers; memorial flags and flag poles; business signs; temporary granite and synthetic memorials; lawn novelties; porcelain photos; family history writing and plaques; monument cleaning and restoration; bronze memorials and plaques; laser etchings; memorial design and preneed planning; obituary editing; family history forms and guidance; solar crosses and angels; solar flag lights; art stone; pet memorials; engraved walking stones; cremation urns; military and civic memorials and corner stones. If you are interested in any of those products, please inform us so we can assist you.

The exact final style will be determined between Company and Client to fit the final design to the dimensions shown hereinabove.

Client recognizes and agrees that modifications to the original design may be required as the dimensions used to construct Client’s memorial are different than those originally used.

Company and Client will use their good faith efforts to reach agreement on a final design that has not yet been determined at the time of purchase. Client authorizes Company to make all ultimate and concluding decisions with manufacturer(s) on Client’s behalf.

Should cemetery regulations require modification to the design as initially agreed to between the parties, then Client agrees to work in good faith with Company to substitute a design that will comply with the cemetery’s regulations. At that time, the price may be increased or decreased.

Should any dispute arise between Company and Client, then you expressly agree that exclusive jurisdiction for all claims and disputes with Company shall be in the state or federal courts located at Valdosta , Georgia , USA ; and that all disputes shall be resolved according to the laws of the State of Georgia , excluding its conflicts of law rules.

Sales taxes will be charged to clients on sales or installations within the State of Georgia only. Sales taxes will not be charged to the client when shipments are made to other states.

We may have separate terms and conditions of use in addition to our General Terms & Conditions of Use. Should there be a conflict, the provisions that are particular will supplement these general terms and conditions of use and will take precedence over any conflicting provisions.

The price includes importation fees, importation broker fees, and shipping fees.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

Unless otherwise agreed to in writing, within the four corners of this written agreement, cemetery foundation and installation fees are not included in the prices quoted for the monument price by ValdostaMemorials.com. Client agrees to write a separate check for applicable foundation, installation, and cemetery fees in advance of installation.

Client agrees to instruct Cemetery to not install the monument until Company acknowledges payment in full by the Client according to the terms of this contract.

Delivery is expected to occur within approximately 4-6 months after approval of the final design showing the final monument design and all ornamental engraving.

Company understands that Client desires the installation in a prompt manner and will act in an expeditious and professional manner to facilitate the transaction in a timely manner.

Unless expressly included herein, all evidence of previous oral or written discussions and representations are excluded by mutual agreement of the parties. Thus, it is important that all understandings be documented within this agreement as the agreement of the parties is fully integrated within this agreement.

Should either Company or Client breach this agreement, then the other party is entitled to attorneys’ fees and court costs incurred in enforcing this agreement.

Both Company and Client agree to cooperate with each other to resolve all issues in order to avoid disputes without disagreement or litigation.

Client understands and agrees that there is no 3-Day Cooling Off Period and that this agreement is binding upon Client at the time that it is signed by Client, whether delivered to Company or not, and whether payment has been made or not

We provide up to one (1) design change or drawings without charge.

Additional designs or modifications to the original design require an additional charge of $75 per design change or drawing.

Should any portion of this agreement be determined to be unenforceable by a court of competent jurisdiction, then the remainder of this agreement shall remain the agreement between the parties as if the severed portions had not been part of the Terms & Conditions of Use.

WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY INCUR, INCLUDING THOSE THAT ARE DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, LOSSES OR EXPENSES ARISING IN CONJUNCTION WITH OUR WEBSITE, OUR PERFORMANCE, OUR AFFILIATED SITES, USE OF AFFILIATED SITES, OR THE INABILITY TO USE OUR SITE OR AFFILIATED SITES. THIS INCLUDES COMPUTER VIRUSES. VALDOSTAMEMORIALS CANNOT ACCEPT ANY LIABILITY FOR ANY AFFILIATES OR THIRD PARTIES PROVIDING ANY OR ALL SERVICES THROUGH THIS WEB SITE.

CLIENT SPECIFICALLY ACKNOWLEDGES AND AGREES THAT COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE. IF YOU ARE DISSATISFIED WITH ANY COMPANY MATERIAL, OR WITH ANY OF COMPANY’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

We reserve the right to refuse to do business with anyone.

Client agrees to and does hereby give Company a Mechanic’s or Property Lien against all property manufactured on behalf of Client.

It is our practice to use pictures of all memorials produced by our company and to maintain a copyright ownership of our monument designs, drawings, photos, text and articles. Copying of material from our website is strictly prohibited and aggressively enforced and will be prosecuted.

We write and publish articles relating to our work and products which may be published by the Valdosta Daily Times print or online editions, AAA-Memorials.com, ValdostaMemorials.com, American Cemetery magazine, Monument Builders of North America, YB News, and International Cemetery & Funeral Management and other organizations and publications. Clients waive all proprietary rights to these pictures, the articles, and the stories we write.

Clients specifically gives us permission to write stories that discuss the lives of clients, decedents and their families, and to explain the actions taken by us to assist clients, the process to design, build, ship, or install the memorial, as well as the creative process. As part of our articles, we may use drawings or photos of work and activities on behalf of clients, including pictures of clients.

If Client does not want his or her name, decedents’ name, or family name(s) used in the articles, Company agrees to use pseudonym names for any published articles, if requested.

It is our goal to not only demonstrate our pride in our work, but also to educate other professionals and the public as to our endeavors. You give us permission to use our writings to the widest extent achievable.

We will not be liable for damages arising out of the use of our website, including incidental, compensatory, special, direct or indirect, consequential or punitive.

Client agrees to defend, indemnify, and hold Company, its parents, subsidiaries, affiliates, officers and employees, its suppliers, and their respective affiliates and agents, harmless from any claim or demand, including attorney’s fees, made by any third party due to or arising out of Client’s use of this site, the violation of these Terms & Conditions of Use by Client, or the infringement by Client, or any other user of Client’s account, of any intellectual property or other right of any person or entity.

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and ValdostaMemorials reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If you cancel an order after your credit card has been charged, ValdostaMemorials will issue a credit to your credit card account in the amount of the charge. Dependent on individual bank policies, the processing time when this amount is credited to your account will vary.

In the event that the ValdostaMemorials.com web site incorrectly lists a price or product description due to a typographical error or an error in the information received from a supplier, we reserve the right to refuse or cancel any order placed for products listed at an incorrect price prior to shipping. We reserve the rights to refuse or cancel any order at any time during processing. If your credit card has been billed, we will immediately issue a credit to your credit card account for the amount of the incorrect price. For check or money order payments, a check will be issued and sent out immediately after notification from customer.

We guarantee our products to be delivered free from defects, except as may be expressly stated by us. By using our website, you agree that our maximum liability is the replacement of the product.