1. The following constitutes the whole of the terms and conditions for the contract between Phoenix Memorials (“the Company”) on behalf of itself and its agents and subcontractors and you (“the customer”) relating to this order placed by you on this Order form which forms part of this document.
2. Payments for the product(s) as stated on the Order form (which Order form is included as part of these Terms & conditions) shall be a payment of 50% of the total sum payable on placing the order for the diamonds and 100% of the total sum payable on placing the order for every other product. This may be via EFT, cleared cheque or cash. The balance of 50% shall be payable upon the Company advising you or the funeral home that the order is completed. We are obliged to deliver the completed order until it has been paid for in full.
3. If you serve proven, written cancellation prior to production of your product commencing, the fee will be refunded less 5% (plus GST) for handling and processing. We reserve the right to refuse to process any order at our sole discretion. In the event that we refuse to proceed with an order the whole of the deposit shall be returned along with the cremains/hair you provided. In the event of written cancellation by you, but where special delivery has been arranged and completed and/or where production has commenced, a fee will be incurred and will be payable by you. Such fee will be decided entirely at our discretion. It could be that stopping the process is not particle or uneconomical; we therefore reserve the right to proceed to completion or a conclusion and deal with the product if we believe that this will be the best way to recover our costs.
4. Due to the unique and individual make up of donated material, it is impossible to guarantee the final quality of gems, in certain cases impurities within donated material may result in a natural variation in colour shade and/or the gem may contain slight inclusions. However, with many years experience, our manufacturing process always aims for the highest quality attainable. Gems are cut by hand within a tolerance in weight of + /- 5 points (100pts=1crt). We now charge for delivered weight within those tolerances, you therefore agree to accept a balance adjustment and/or any natural variation in shade.
5. We take all care and responsibility for the products but due to uncertainty in production neither we nor our sub-contractors can guarantee the performance or completion of the order and by placing the order, you acknowledge and accept that if there is a failure during the course of construction in making the products, you shall have no right of legal action for any loss of whatever nature arising out of the failure to construct the product. This clause is only operative in as far as it does not seek to remove or invalidate any of your rights under Australian Consumer legislation. In the event of failure to manufacture the product you will receive back your full deposit together with any unused material donated.
6. We cannot accept responsibility for any products, donated material or ashes being lost in the delivery system as these are matters beyond our control. All products, donated material and ashes will be delivered by hand or sent/delivered by registered tracked post where possible.
7. You acknowledge that in order to create your product, it is necessary to use specially treated carbon collected and derived from the remains of a deceased person which cannot be supplied in all cases by you personally and instead must be supplied by the funeral home. You hereby authorise us to use carbon collected from the remains of the deceased for this purpose and confirm that no other person’s authority is required.
8. You agree to supply ashes or donor material using only the bag provided to you or by your funeral director or instructed in this order and that no foreign substance or other material will be mixed with the material and the customer shall confirm this fact by the completion of the supplied Quarantine Declaration Form (if such forms are required) and by signing these terms and conditions.
9. In the event that any legal action is taken by any Government Authority, person or organisation against us or any of our agents or sub-contractors arising out of any act or omission occasioned by you in the delivery of the ashes or donated material or delivery of the order to us, you agree to indemnify and our respective representatives, business associates and suppliers , and hold them harmless from and against any loss, costs, damages, claims, liability or expenses including reasonable legal costs that maybe incurred by reason of any act or omission as stated above.
10. A 7 day “cooling off” period is offered commencing immediately upon receipt of your first payment and the confirmed order. Subject to the above conditions – this period will be added to the total delivery period. The order is subject to production queues at our manufacturing plant. Whilst the production period usually takes 12 weeks the production period could take up to 16 weeks + the transport times. We do try our best to have your product delivered to you in the best possible time. Where an extension to the delivery date is unavoidable or required by circumstances beyond our control this is further accepted by the customer unless advised in writing and acknowledged subject to these Terms and Conditions. No variation to these terms and conditions shall be valid unless agreed in writing and signed by you and by an authorised representative of the Company.
11. These Terms and Conditions are subject to and shall be construed in accordance with Australian law.