CELESTIAL GARDENS INC. GENERAL CONDITIONS
Terms (or derivations of terms) used in this agreement Interment (Interred) means the placement of human remains (bodily or cremated) in a crypt, vault, niche or other structure or in the earth.
Memorial means a monument, plaque, headstone, garden or other item to be installed on a Site to commemorate or identify the User of the Site.
Nominated User means a person you nominate on the Term Sheet or any agreed replacement. Ornamentation means items to adorn or decorate a Site such as vases, statues, artificial flowers, photos, permanent wreaths or floral sprays, boxes, shells and toys.
Sites means sites in a cemetery capable of Interment of bodily remains (Cemetery Sites) and sites in a cemetery or crematorium for Interment of cremated remains and specifically means the site on the Term Sheet.
User (Use) means a deceased person whose remains have been Interred in a Site.
You means the Purchaser, if deceased at the relevant time, then their personal representative(s).
Our agreement
1. Philippines Laws applies – The terms of this agreement apply subject to the Philippine Laws.
2. Special Conditions – To the extent of any inconsistency, any Special Conditions prevail over these General Conditions.
3. Payment of purchase price – You agree to pay the purchase price as set out in the Purchase Agreement.
C. The Site
4. We will reserve the Site – We will reserve the Site for use by you or any Nominated User. This is a contractual right only and neither you nor any Nominated User has any other right, title or interest in the Site or the land on which the Site is located.
5. Certificate of rights – Upon entering into this contract and expiry of the cooling off period, we will issue you and any Nominated User with a certificate evidencing the rights of Interment of the Nominated Users and as required by law.
6. Nominated User – You may nominate a person to be a Nominated User of a Site. We will issue a certificate to the Nominated User granting him or her a right to be buried in the Site. A Nominated User cannot transfer these burial rights but subject to applicable laws those rights, if not used by the Nominated User, can pass to the beneficiaries of the estate of the Nominated User. Once a certificate is issued to a Nominated User, you cannot withdraw that nomination without the written consent of the beneficiary of that certificate. The nomination of a Nominated User does not relieve you of payment for the Site.
7. Tenure – Subject to any legislation or governmental regulations relating to limited or renewable tenure, or a specific provision in this agreement, the Interment in the Site is up to 50 years
8. Use of Site by Nominated Users – unless otherwise specifically stated, we are not obliged to increase the number of Nominated Users who may use a Site.
D. Memorials and Ornamentation
9. Memorials and Ornamentation – If you want a Memorial or Ornamentation, to the extent permitted by law and to maintain the beauty of the Park, unless it is a bronze plaque, it can only be installed or placed on the Site if it is purchased from us. Only we may install or construct Memorials or Ornamentation.
10. Third party bronze plaques – On request, we will install bronze plaques not purchased from us but they must be pre-approved by us in writing, acting in good faith, and accord with our specifications. We will charge a placement fee in accordance with the customer price list current at the time of the installation. The placement fee will take into account matters including the time and expense required to approve the plaque, install it and the obligations assumed by us to take care of the Park.
11. Memorials purchased later – If you buy a Memorial after buying the Site or you decide to upgrade a Memorial, you must pay us in accordance with the customer price list current at that time. A Memorial will not be placed until it is paid for.
12. Inscription – Unless indicated in this agreement, the cost of inscription on any Memorial is not included in its price. We will charge for inscription in accordance with the customer price list current at the time it is required.
13. Use of Natural Products – Many Memorials are made of natural products, such as granite or stone. We will try to match samples or materials ordered as closely as possible, but you agree that natural imperfections or variations in colour, pattern or texture are unavoidable and are not defects.
14. Care of Memorials or Ornamentation – To the extent permitted by law, we are not responsible for the maintenance and repair of Memorials or Ornamentation including wear and tear, fading of photos or discolouration over time and we are not liable for any damage to a Memorial or Ornamentation.
E. Non provision of services
15. Refusal of service – We may refuse to allow use of the Site by any person who has engaged in conduct or has such a reputation which in our good faith opinion, would harm the reputation of the Park or us, or cause distress or concern for any bereaved families of deceased persons buried within the Park. You may then terminate this agreement and we will refund to you all monies you paid under this agreement (less any money you owe us).
16. Events beyond our control – If we are unable to place any Nominated User(s) in the Site or to provide the Memorial or Ornamentation due to causes beyond our control (such as flooding, earthquake or fire), we will not be in default but will refund to you monies paid under this agreement by you for anything we can no longer supply.
17. Out of Manufacture – If you prepay for a Memorial there is always a risk that at the time the Memorial is required the specific form of Memorial is no longer manufactured. Should this occur we will provide after consultation with you a Memorial as close as practicable to the type nominated or you may, at your discretion, order a different type of Memorial at our then current customer price list. We will not collect prepayment from you for a specific type of Memorial if we know that its intended manufacture will cease prior to the time we anticipate that it will be required.
F. Payment and termination
18. Instalment Payments to accelerate upon Use of a Site – If a Site is Used, whether it is Use of a single Site or the first Use of a Site designed for multiple Users (such as a garden, crypt or vault), before all instalments of the full price are paid, we will require that payment of the remaining instalments be accelerated so that payment of the full purchase price under this agreement is required within 6 months of that Use. Memorials (unless already installed), plaques and inscriptions will only be provided, placed or installed when the entire contract price for all items (including for example for the Site and the Memorial, plaque or placement of a third party plaque) are paid in full.
19. If you pass away before Installments are paid – If you pass away before all installments of the full price are paid, your burial may proceed but payment of the balance of the installments will be due and payable immediately from your estate. Memorials (unless already installed), plaques and inscriptions will only be provided, placed or installed when the entire contract price for all items (including for example for the Site and the Memorial, plaque or placement of a third part plaque) are paid in full.
20. Failure to pay – If you purchase products or services from us but fail to meet a payment in time then, if after we have given you at least 60 days written notice, you are still in arrears, we will attempt to negotiate varied payment terms with you but if agreement cannot be reached we may claim the immediate payment of the balance of any unpaid purchase money.
G. Other Conditions
21. We will take care of the Park – We will maintain the Park to a reasonable standard, natural wear and tear excluded. After buying a Site, Memorial or paying a placement fee, you will not have to make any contribution to maintenance.
22. Clients must notify us if you change your address, mobile and email address – It is your responsibility to notify us in writing of any change to your contact details.
23. Transfer of rights restricted – You cannot transfer or vary your rights under this agreement without our prior written consent . We may impose conditions on the transfer or variation, including the payment of a fee and to ensure compliance with the law.
24. No Multiple purchasers – There is only one purchaser /person per agreement.
25. No returns – We are not obliged to buy back a Site or Memorial.
26. We may sell the Park – We may sell, lease or otherwise deal with all or part of the Park without your consent or the consent of any Nominated User but such dealings will not prejudice your rights under this agreement.
If we sell or otherwise transfer our ownership interest in a part of the Park that has been reserved for you we may novate or transfer our rights, obligations and interests in this agreement to the new owner. If required by law for the novation to take effect we will give you notice of the novation and the novation will be deemed to be effective from the date you receive the notice.
H. Feedback/complaints
27. We welcome your feedback. If you have any compliments or complaints about us, the Park, our services or you just want to comment or make an enquiry, please contact our by email to sales@celestialgardens.ph
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