Our Terms and Conditions
Our terms and conditions are designed to outline our commitment to you before, during and after a purchase. By clearly outlining the reasonable expectations placed on us, and our expectations of you, the purchase process is simpler and more stress free. We have attempted to make these terms and conditions available in plain terms as part of our commitment to be transparent, open and honest in our business practices.
You are purchasing a casket from C.S. Anders & Sons, LLC or Veterans/Family Caskets, LLC. Both companies are headquartered in Nashville, Tennessee and are referred to as “Seller.”
The “Purchaser”, by completing a transaction, either by phone or email confirmation, for funeral merchandise, agrees to purchase the merchandise described on the order form, prepared either by the Purchaser online or by the Seller on behalf of the Purchaser on the phone, subject to acceptance and approval by C.S. Anders & Sons, LLC or Veterans/Family Caskets, LLC referred in these “Terms and Conditions” as “Seller”.
Due to the nature of the product, all sales are final.
Placement of an order indicates the Purchaser’s acceptance of all of the Terms and Conditions listed herein. Receipt of an email confirmation of order placed does not signify Seller’s acceptance, nor does it constitute confirmation of Seller’s offer to sell.
Seller’s right of refusal:
The Seller reserves the right at any time before or after an order to accept or decline for any reason. An order may require additional verification prior to acceptance by the seller.
Seller’s mistake on website:
The Seller will make every attempt to accurately present pricing on this website; however, the Seller reserves the right to refuse to process an order containing errors in pricing or product description by the Purchaser or the Seller, whether the order is placed or not.
Delivery May Not Always Be Included in the Price Listed on the Website:
From time to time, circumstances make it impractical to include delivery in the purchase price given on the website. In these circumstances, the Seller will alert the Purchaser before proceeding with the order.
Seller’s personal liability:
In no event shall Seller’s Directors, Officers, Employees or Representatives be liable for special, indirect, and consequential or punitive damages related to any product sold on its sites.
Seller’s Security Interest:
The Seller (or its assigns) will retain a security interest in the Merchandise being purchased as described in these Terms and Conditions. Seller will retain title to said Merchandise until the Total Cash Price has been paid by Purchaser to Seller.
The Seller may file a claim against the Estate of the Deceased:
It is expressly understood that acceptance of this Agreement shall not preclude the Seller from filing a claim against the estate of the deceased and such claim shall be an additional and cumulative remedy, the filing of which shall not release the Purchaser nor prevent the taking of any legal procedure necessary to effect the collection of amounts owed under this Agreement. This agreement shall be binding on the heirs, devisees, executors, administrators and assigns of Purchaser. In the event this Agreement is completed by more than one person as Purchaser, all parties shall each be jointly and severally bound and liable for all obligations of a Purchaser under this Agreement.
Merchandise Determined to be Damaged or Incorrect Upon Arrival
Seller and Purchaser agree that it is impractical and extremely difficult to fix the actual damage, if any, which may proximately result from a breach of this agreement by seller or from any error or mistake by seller in connection with its preparation, execution or performance. Accordingly, Seller and Purchaser further agree that in the event Seller fails to perform or furnish the services, commodities or merchandise as described in this agreement, whether a result of error, mistake or otherwise, or in the event of any other breach by seller of this agreement, seller shall pay to purchaser, as liquidated damages and not as a penalty, the sum of $100. This sum represents a reasonable endeavor by Seller and Purchaser to estimate a fair compensation for the foreseeable losses that might result from said failure or breach.
Purchaser Guarantees that given information is accurate:
Purchaser guarantees that the information completed regarding the Height and Weight of the Deceased described on the Order Form or given over the phone is accurate. Any misinformation or errors are the sole responsibility of the Purchaser.
Purchaser guarantees that the Receiving Funeral Home information is accurate regarding the shipping and receiving location for the casket. Any re-delivery attempts and charges will be the sole responsibility of Purchaser and Purchaser authorizes Seller to charge the Credit Card on file for these additional charges. There is a minimum re-delivery charge of $250.
The Total Cash Price is due upon Seller’s receipt of order:
The Total Cash Price – casket, shipping, and applicable sales tax – is due and payable as of the date and time of the online or telephoned Order Form’s completion and submission to Seller.
Purchaser may not assign his rights without written consent of the Seller:
Purchaser’s rights under this Agreement may not be assigned without the written consent of the Seller. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the Purchaser. Purchaser further agrees that Seller may assign its rights under this Agree Credit and/or exchange allowed only upon approval from Seller and that this Agreement shall be binding upon and inures to the benefit of the successors and assigns of the Seller.
Seller’s Warranty on Goods Sold:
The only warranty on any goods sold in connection with this Agreement is the express written warranty, if any granted by the manufacturer. (Seller is not the manufacturer.) Seller makes no warranty, express or implied, including any implied warranties of merchantability, with respect to the goods so described. Description terms are generally those of only the manufacturer, not of the Seller.
Seller’s Express Disclaimer of Warranty:
If the casket is constructed with a Gasket and any Lock mechanism, Purchaser is notified that there is no scientific or other evidence that any casket with a sealing device will preserve human remains. Also, Seller makes no claims as to the evidence that any casket from Seller will keep out or in any elements from or to the deceased.
Seller Uses a Type Only Description:
The purchase for the Casket described is a “type” only description regarding gauge of metal, color, interior type, material of construction, and finish. Exact item purchased may not be available at time of required delivery or adhere to the exact photo portrayed on the web site. Seller will supply an equivalent quality item, which conforms to the general description, listed within the item description.
Seller Cannot Control the Actions of The Funeral Home:
Purchaser agrees that it is impossible for the Seller to control the actions of the Funeral Director, Funeral Home, any Funeral Home Employee, and/or any Funeral Home Trade Services handling the remains and casket of the deceased while accepting the casket and/or directing the services for the Purchaser. Failure on the part of any of these individuals or entities is the full responsibility of the Purchaser and not Seller. Purchaser is responsible to report to Seller any problems with the casket within two hours of receipt of delivery to the Funeral Home. Merchandise damaged by the Funeral Home or its personnel is the sole responsibility of the Purchaser and not the Seller.
Seller sells a commonly accepted style of casket:
It is understood that this is a commonly accepted style of casket, and it has the commonly styled lock and hinges.
Receiving Funeral Home’s Use of the Casket is responsibility of Purchaser:
Because the Seller sells a commonly accept style of casket, there is no reason that, whenever the casket is open for viewing or placing the deceased in the casket, or closing the casket for the final time, the Funeral Director, Funeral Home or any Funeral Home Employee and/or any Funeral Home Trade Service who is placing the deceased in the casket should not be able to use the casket just as if the casket came from the typical supplier.
Any failure on the part of the receiving Funeral Director, Funeral Home, any Funeral Home Employee and/or any Funeral Home Trade Service handling the casket to properly shut, lock, or otherwise close the casket is the sole responsibility of the Purchaser and not Seller.
Shipping Charges are Non-Refundable:
All delivery and shipping charges are non-refundable. Orders accepted by Noon Central Standard Time are considered accepted for that day, Monday through Friday. Although we are available 24 hours a day, seven days a week, and will make effort to accommodate the Purchaser for expedited shipping, we have no control over the sources we normally we use during the week days.
All orders after Noon or on Saturday, Sundays, and major Holidays, are considered processed for the following available business day. Shipments on Saturday, if allowed, will incur extra charges. No deliveries will occur on Sundays or major Holidays. Special morning and time specific deliveries will incur extra charges.
Since it is impossible to anticipate all the extra charges associated with these special deliveries, charges may be made to the credit card on file after receipt of the delivery charges from the freight company for additional charges.
Seller contracts Shipping and freight to many different 3rd party contractors, and failure on the part of the shipping company to deliver at the specified time is not in the control of Seller, and Seller is not liable in any way for this failure beyond the amount collected for freight from Purchaser.
Seller will make every effort possible to complete the delivery of casket purchased, but Purchaser releases Seller from any liability for late shipments.
The shipping company must hold damaged shipments for inspection, and Seller may not be able to provide another exact product within the original time specified. Purchaser agrees to allow Seller a reasonable time to attempt shipment of another casket to arrive before the required service time with no additional charges to the Purchaser. Should Purchaser refuse, Seller is released from all liability to provide another casket in place of the damaged casket. Damaged casket then becomes the sole property of the Purchaser, with no responsibility by Seller to provide a refund, credit, or replacement.
If the Funeral Home Refuses the Casket:
Any casket refused by the Funeral Home incurs an additional $750 charge to the Purchaser and after order has been placed, and casket shipped, there are no cancellations allowed. Purchaser is responsible to accept the casket at either the Funeral Home specified on the order form, or another local address provided.
Caskets shipped outside of Tennessee are not subject to sales tax by the Seller. Purchaser is liable for all sales or other taxes on orders shipped into any state other than Tennessee. Seller is responsible and Purchaser is liable for sales tax on any casket purchased for use in Tennessee.
These terms represent the Entire Agreement between Seller and Purchaser:
This Agreement contains all terms that have been agreed upon by the Purchaser and the Seller relating to the goods and services purchased. This Order Form replaces all other discussions and agreements, whether oral or written, relating to those goods and services. No subsequent discussion or agreement can change the terms of this purchase unless it is written and is signed by both the Purchaser and the Seller (or the Seller’s assignee).