Spence Monument Company of Georgia
Terms & Conditions
By using this website and by purchasing any of the services and products of Spence Monuments of Georgia™ (hereinafter, “SMGA”), you are agreeing to be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”).
You represent and warrant that you are at least eighteen (18) years of age if you are placing an order to purchase products; (ii) SMGA’s acknowledgement of an order is not acceptance of an order and SMGA may reject or cancel an order at any time; (iii) you must provide a valid and authorized payment information and agree that SMGA may charge the selected method of payment at the time of your transaction; (iv) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees, if applicable; (v) you will pay all applicable taxes; and (vi) if SMGA does not receive payment from your payment card issuer, you will pay all amounts due upon demand.
Pricing and Shipping:
Product pricing includes shipping (to the lower 48 states only) and additional shipping costs (to Alaska or Hawaii) will be as reflected on the website. Prices posted on the website are subject to change at any time without notice to you. SMGA may offer rush or expedited production services for an additional charge. Prices on the website are in U.S. dollars for U.S. purchasers only; a shipping surcharge will be applied to shipments to Alaska or Hawaii. Expedited shipping may be available and fees will vary depending on distance, time, and location. All purchases are subject to applicable taxes to be paid by the purchaser. You acknowledge and agree that shipping delays are out of the control of SMGA. For example, our shipping carrier could temporarily delay delivery of your order due to unavoidable circumstances, such as inclement weather, a natural disaster, a vehicle issue, or labor shortage. If you specify that a product should be shipped directly to a third-party cemetery you hereby represent and warrant that you have advised the cemetery of the direct shipment to ensure that the delivery is not rejected, that the cemetery understands the carrier’s shipping policies, and further you acknowledge and agree that the address that you provided for shipment is accurate and complete. You acknowledge and agree that natural stone gravestones, markers and headstones are heavy and oversized products. SMGA carriers offer curbside delivery only; you will be responsible for moving the product to storage and/or its ultimate placement destination.
All our products are custom made and engraved to customer specification. We always get a layout approved by the customer. We do not accept returns on custom made products, for any reasons other than damaged shipments or mismatch between the approved picture and the finished product. All shipping related damage should be notified to us within 24 hours of accepting the delivery. We will arrange to provide a replacement.
There is a 20% restocking fee for all standard and non-personalized products – Shipping should be paid for by the customer.
Please call us at 770-972-6240 to obtain a Return Merchandise Authorization (RMA).
We will not accept any return without an RMA # and label.
We cannot guarantee that any product listed on the website will be in stock or remain available. We reserve the right to discontinue offering any product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, SMGA will not be liable for these inaccuracies, omissions, or errors. SMGA will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. SMGA does not claim that the information on the website is appropriate for or applicable to your jurisdiction or that the products described on the website will be available for purchase in all jurisdictions.
No Placement or Installation of Products:
SMGA manufactures, engraves, sells, and offers for delivery custom gravestones, markers, and headstones. You understand that SMGA does not offer installation or other marker placement services outside of our market area in Georgia. You are responsible for the proper installation of the marker or headstone. You further acknowledge and agree that SMGA’s marker products are intended for flat placement; vertical installation of a marker is not recommended as it could fall and break. Improper installation of custom upright headstones could also result in the stone’s fall and breakage. SMGA is not responsible for damage to a product once delivered and is further not responsible for any death or injury caused by improper installation or placements of products.
Cemetery Restrictions and Verifications:
It is your responsibility to have checked with the cemetery where the headstone, monument, and or marker I am purchasing will me all their requirements for where it will be located. You acknowledge that cemetery verification is your sole responsibility and that SMGA will not be involved in the installation of the headstone, monument, and or marker at the cemetery and that you will coordinate the delivery and installation with the cemetery or an approved third-party.
Materials Appropriate for Intended Use.
SMGA sells gravestones, markers, and headstones in a variety of materials. Some cemeteries do not permit the use of certain materials; therefore you acknowledge and agree that it is your responsibility to ensure that your material choice is permitted in the cemetery where you intend to place the stone product.
Products made from natural materials (marble, granite, stone, etc.) have natural variations. Marble has veining and marbling and can vary in color. Granite and stone have natural variations in color, veining and appearance. As a result, you should expect variations. These natural variations are not defects, and no refund or replacement will be made for natural products that have normal color, texture, and appearance variations. If you order a sample, the sample product may vary in color to the actual product for various reasons, including natural variations. You should also understand that your computer monitor’s display of any product may not be accurate. Additionally, because the gravestone, marker or headstone will be subjected to the natural environmental elements, you acknowledge that stone and engraving may change appearance after exposure to sun, salt, wind and/or precipitation.
Engraving and Custom Products.
Prior to placing an order for a customized or engraved gravestone, marker, or headstone, you must review the text and content of your submission thoroughly for accuracy. Orders are printed and engraved in their “as submitted” form and you are solely and fully responsible for any text or content you submit as well as final proofing. SMGA does not proof or pre-screen content and is not responsible for misspelled or mis-designed submissions. We reserve the right to reject orders and submissions that do not meet SMGA policies or requirements. Our production of a product depicting the text or content you submit does not indicate that we approve the text or content. Profane, offensive, libelous, infringing or objectionable words, phrases or content will not be honored and SMGA may refuse to accept such content.
By placing a custom order, you certify that you possess the lawful right to use all text and content submitted in your custom order and authorize SMGA to copy, print and use said text and content to customize the product in the quantities requested. You represent and warrant that your submission does not infringe or violate any copyright, trademark, or other intellectual property or proprietary right of a third party or constitute counterfeiting, piracy, misappropriation of another’s idea or rights of privacy or publicity. We reserve the right (but have no obligation) to request confirmation from you in writing of your rights to or permission with respect to any text or content you submit with your order.
Production and Shipping.
Production and shipping times are estimates only.
Disclaimer of Warranties.
SMGA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability.
SMGA IS NOT LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, DOWNTIME, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL M&H LIABILITY EXCEED REIMBURSEMENT OF ANY MONIES PAID BY YOU UNDER THIS AGREEMENT AND THIS SHALL BE YOUR EXCLUSIVE AND SOLE REMEDY FOR ANY CLAIM HEREUNDER. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
You agree to defend, indemnify and hold harmless SMGA and its affiliates, members, managers, employees and agents, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses and damages incurred or suffered by SMGA arising out of or based on any claim or threatened claim based on your use of or access to the website, your violation or breach of any of these Terms and Conditions, or any violation of any intellectual property rights of any third party.
- Force Majeure. SMGA is not liable for any delay in providing any products or materials hereunder, including but not limited to those arising out of fire, flood, explosion, war, strike, power blackout, nature, general supply chain issues, shipping delays, civil or military authority, pandemic, epidemic, inability to obtain labor or materials or reasonable substitutes therefore, terrorist threats or activities or any other cause beyond SMGA’s reasonable control or acts of God.
- Governing Law and Venue. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Georgia, without regard to the principles of conflicts of law, except to the extent those laws are preempted by federal law. The proper venue for any proceeding at law or in equity will be Gwinnett County, Georgia, and the parties waive any right to object to the venue.
- Attorneys’ Fees. The prevailing party in any dispute regarding this Agreement shall be entitled to receive, in addition to any other remedy or award, reasonable attorneys’ fees and costs incurred in the enforcement of its rights under this Agreement.
- Successors and Assigns. You may not assign your rights hereunder to a third party.
- Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable for any reason any other or others of them may be invalid or unenforceable in whole or in part.
Contacting Us: If there are any questions regarding our return policy, any of the terms and conditions listed here, you may contact us at 770-972-6240 and firstname.lastname@example.org. Legal notices should be sent to us in writing with delivery confirmation to the following address:
2123 Stone Mtn. Lithonia Rd, Suite 200, Lithonia, Ga 30058