Memory Garden Benches - Memorial Benches, Garden Benches, and Commerical Benches

Purchase Agreement & Limited Warranty

Fabrication and Delivery: My bench and any plaque (the “product”) are to be fabricated to my order and delivered to me at the above address not more than eight (8) weeks after MGB receives and approves my order and my payment. This delivery date is subject to extension by acts of God and other circumstances not within the reasonable control of MGB.
Colors: I have selected the color or colors for my bench as described above from what I agree are adequate color samples. All colors are to be in a slightly textured finish.
Ownership of Copyright in Design: I agree MGB is sole owner of the copyright in all custom designs, including any preliminary concept as well as the finished design, and whether or not I provide MGB any photo or other material used in preparation of the design. If I want to own the copyright in the design, then I agree to enter into a separate written contract with a design charge of not less than $500.
LIMITED WARRANTY: The following is a limited express warranty from Memory Garden Benches, Inc. ("MGB") exclusively for me, the original purchaser of the bench, for defects in materials and workmanship in the bench and its component parts (the "product") from the date of its receipt by me for: (1) A period of one year in regard to structural integrity of the bench and of the bronze plaque; and (2) A period of 90 days in regard to peeling, cracking or blistering of powder coating of the bench and the lacquer or other coating of the plaque.
1. Exclusions: This warranty does not cover defects in the product caused by damage, unreasonable use, exposure to chemicals or unusual environmental conditions, acts of God, or fading or defects in powder coating other than peeling, cracking or blistering. This warranty extends to the original purchaser only and is non-transferable.
2. Coverage: In the event of a defect, MGB will repair or replace the product, subject to: (1) Provision of reasonable proof the original purchaser is making claim under this warranty; (2) The purchaser providing MGB photos of the product and its environs, and other information as needed in the discretion of MGB to ascertain the alleged defect; and (3) Advance full payment by the purchaser of the cost to package and ship the product to and from such locations as MGB determines are required to implement this warranty, understanding MGB will make its best good faith efforts to package and ship the product in an efficient and cost effective manner.
3. Information: For information as to warranty performance, I agree to contact MGB by mail at 6997 Lower River Road, Grants Pass, OR 97526 or call toll free 1-888-812-3624 (or 1-541-476-3422).
4. Implied Warranties: ANY IMPLIED WARRANTIES (INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE LIMITED TO THE APPLICABLE WARRANTY PERIOD OF ONE YEAR OR 90 DAYS, AS INDICATED ABOVE. Some States do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to me.
5. No Damages: MGB IS NOT LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES ARISING IN ANY FASHION FROM THIS PRODUCT OR THIS WARRANTY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to me.
6. Other Legal Rights: This warranty gives me specific legal rights, and I may also have other rights which vary from State to State.
Warning and Safety Precautions: I understand MGB is not responsible for children or other persons who are injured, or for damage to property, due to unreasonable use of the bench, with such use including but not limited to a person doing any one or more of the following: (a) Putting head, arm or leg through the back of the bench, (b) Standing on the seat or top of the bench, (c) Falling from the seat or top of the bench into its back design or the ground, (d) Hitting any part of the bench with a hand or any object, (e) Tipping the bench over, or (f) Moving the bench and making contact with any person or thing.
Arbitration: Any dispute or claim between me, or any other person, and MGB which arises out of or relates to the bench or this Purchase Order and Purchase Agreement, or the interpretation or breach thereof, which is not settled within 30 days after the giving of written notice (using certified mail, return receipt requested, or personal service) by one party to the other that such dispute exists, shall be resolved exclusively by arbitration. The arbitration shall be held in Multnomah County, Oregon, shall be subject to the Oregon Uniform Arbitration Act and other applicable Oregon law as then in effect, and shall be administered by filing a claim with the Arbitration Service of Portland, Inc. and held under its rules.
Governing Laws: This Purchase Agreement and its related Purchase Order are governed by the laws of Oregon.
Legal Capacity: I am of legal age (18 years minimum) to enter into this Purchase Agreement and its related Purchase Order.
Reliance on Facsimile or Other Copies: MGB and I may rely upon a facsimile or emailed copy, or photocopy, of this Purchase Agreement and its related Purchase Order for all purposes.