Cancellation under the Act

The Purchaser's cancellation rights are set out in sections 41, 42, 43, 44, 45, and 46 of the Act, and in sections 137, 138, 139, 140, 141, 142, 143, and 144 of the Regulations, which are hereby incorporated by reference.

The following is a summary of the basic provisions of the legislation, however the Purchaser is encouraged to consult the Act and Regulations (available at www.e-laws.gov.on.ca) for further details.

If there is any inconsistency between the Summary below and the legislation set out above, the terms of the legislation shall govern.

Summary:

The Purchaser, or someone designated in the Contract by the Purchaser, may cancel this Contract by providing written notice of the cancellation to the Funeral Home. The Purchaser, or someone designated in the Contract by the Purchaser, will be entitled to a refund in accordance with the chart below. Any refund owing will be issued within 30 days of the receipt of the written notice of

            Circumstances                                                                                Refund

           If cancelled within 30 days of the Contract Date and some           The Purchaser will receive the amount paid, less the

           services or supplies have been provided as directed under           amount for the services and supplies that have been

           the terms of this Contract.                                                                  delivered.

           If cancelled after 30 days of the Contract Date and some             The Purchaser will receive the amount paid, less the

           services or supplies have been provided as directed under           amount for the services and supplies that have been

           the terms of this Contract.                                                                 delivered and the amount permitted to be retained, as

                                                                                                                           described in the Contract.

           If the Contract is not enforceable.                                                      The Purchaser will receive the amount paid.

           For information about what makes a Contract

           unenforceable, please refer to the legislation.

If any amounts are refunded to the Purchaser, the Cremation Society shall also pay to the Purchaser any income earned or deemed to be earned on that money.

Other Cancellation Provisions:

Casketing of remains will take place as soon as the circumstances allow.  Once the remains have been casketed, there will be no refund of the price of the casket.

Customized urns will be engraved as soon as circumstances allow. Once customized there will be no refund of the price of the urn. 

Cremated remains will be placed into non-customized urns as soon as circumstances allow.  Once the cremated remains have been placed into the urn, there will be no refund of the price of the urn.

Substitution of Supplies and Services:

The Cremation Society will make reasonable efforts to obtain and provide the services and supplies described in this contract. If a substituted service or supply must be provided, it shall be of comparable quality and value. The Cremation Society will advise the Purchaser of the proposed substitution, and whether the substitution is of equal or greater value than the original supply or service,

The Cremation Society will inform the Purchaser of the Purchaser’s cancellation rights and determine if the Purchaser wishes to cancel the contract, and shall not increase the purchase price as a result of the substitution, if the Purchaser does not cancel the contract.        

Waiver of Time Limit: 

The Purchaser hereby authorizes and consents to the provision of supplies and services within 30 days of the date of this contract, and agrees that all services and supplies described in this contract are required for the co-ordination and provision of rites and ceremonies within 30 days of the date of this contract. The Purchaser acknowledges that he/she will no longer be entitled to cancel this contract in accordance with Section 42 of the Funeral, Burial and Cremation

Services Act, 2002 (the "Act") once the services    

Warranties:

The Cremation Society warrants that it will provide the services agreed to in this contract to the best of its abilities. The warranties granted in connection with the supplies provided as part of this contract are the express written warranties, if any, extended by the manufacturer of such supplies, except where required by Ontario consumer protection legislation.  The warranties provided for in this contract shall not survive the completion of this contract.

Disbursements/Third party supplier(s):

The Purchaser acknowledges and agrees that the Cremation Society will be acting on behalf of, and only as agent for, the Purchaser in paying the disbursements to a third party supplier. The Purchaser acknowledges that unless other arrangements are made with the Cremation Society, the Purchaser will be liable to pay the supplier directly for the supplies or services and agrees to save the Cremation Society harmless from any claims by the third party supplier for payment.

No Liability:

The Cremation Society is responsible only for its own employees, and not for any person engaged by the Cremation Society as agent for the Purchaser. The Cremation Society shall not be liable for damages for injury to persons or property caused by any person not employed by the Cremation Society, nor shall the Cremation Society be liable for any loss incurred by the Purchaser or the Beneficiary’s Estate due to theft of clothing, jewellery or any other property which occurs in the Cremation Society premises or at any other place where the services are provided. The Cremation Society shall not be liable for the non-appearance of or errors in newspaper or other death notices, nor for the performance or non-performance of equipment or devices, nor for cemetery property

Privacy:

The Purchaser acknowledges that in the course of the Cremation Society carrying out the terms of this contract, “personal information”, as that term is defined in the Personal Information Protection and Electronic Documents Act will be provided by the Purchaser to the Cremation Society.  The Cremation Society agrees to collect, use and disclose such personal information only in accordance with applicable law.  The personal information provided to the Cremation Society is used only for the Cremation Society internal purposes and is not distributed to third parties for any other commercial purpose, except as required to carry out the terms of this contract. The Cremation Society shall keep all such information in strict confidence and shall only disclose such information if required by law. The Cremation Society shall only use such information for the purposes set forth herein unless the  Purchaser provides the Cremation Society with his/her consent to do otherwise.

Payment Terms:

Payment in full is due upon signing this contact.  The transfer service requires payment in advance of supplying services. Amounts outstanding after that date will bear interest at the rate of 18 % per annum, calculated daily and compounded monthly, from the Due Date until paid in full unless otherwise noted in additional terms. There will be a charge of $25.00 for any non-sufficient funds (NSF) cheques returned by the bank. Any costs of collection shall be the responsibility of the Purchaser.

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