Lay-Buy Agreement

Agreement for Purchase of Tombstone

Lay-buys are only available for tombstones over R15 000

2.5

The Purchaser acknowledges that ownership and possession of the goods will only
transfer upon payment of the full Purchase Price, and manufacturing will only
commence once payment has been made in full.

3. Lay-Buy Period

3.1 The lay-buy period commences on the date of this Agreement and continues until
the earlier of:

• The Purchaser paying the full Purchase Price and collecting the goods; or

• (b) The expiration of 6 months from the date of this Agreement.

3.2 If the Purchaser fails to pay the full Purchase Price within the lay-buy period, this
Agreement may be cancelled in accordance with section 6 below.

• If payments extend beyond the 6-month period, a 10% escalation fee will apply to
  the total product amount, and again for every additional 6-month period thereafter.

4. Cancellation and Default

4.1 The Purchaser may cancel this Agreement at any time before taking possession of
the goods by providing written notice to the Seller.

4.2 Upon cancellation by the Purchaser, the Seller will refund all payments made, less a
cancellation fee of 20% of the Purchase Price.

4.3 If the Purchaser fails to make any scheduled payment within 7 days of its due date,
the Seller may provide written notice of default. If the Purchaser does not remedy the
default within 7 days after receiving notice, the Seller may cancel the Agreement, or
draw up a new payment arrangement where purchase price may vary.

4.4 Upon cancellation by the Seller due to default, the Seller will refund all payments
made by the Purchaser, less the cancellation fee described above.

4.5 If the Seller cancels this Agreement for any reason not related to the Purchaser’s
default, all payments made must be refunded in full.

5. Delivery and Collection of Goods

5.1 Upon payment of the full Purchase Price, the Purchaser will be informed via email of
the following steps.

5.2 The Seller will provide the goods in the agreed condition and with all relevant
documentation.

5.3 Tombstone will only be manufactured after full payment has been made, and will
take 8 weeks for manufacturing.

6. Warranties and Representations

6.1 The Seller warrants that the goods are free from encumbrances and that the Seller is
legally entitled to sell the goods.

6.2 Any manufacturer’s warranties will be provided to the Purchaser upon payment of
the full Purchase Price.

6.3 The Seller makes no other warranties except those required by law.

7. General Terms

7.1 This Agreement constitutes the entire understanding between the parties and
supersedes all prior agreements.

7.2 Any amendment or variation to this Agreement must be in writing and signed by both
parties.

7.3 No waiver of any right or provision shall be effective unless in writing.

7.4 This Agreement shall be governed by and construed in accordance with the laws of
the Republic of South Africa.

7.5 In the event of any dispute arising from this Agreement, the parties will attempt to
resolve the matter amicably. If resolution is not possible, the parties consent to the
jurisdiction of the appropriate courts.

7.6 It is your responsibility to inform Forever Stone Tombstones of any change in your
contact details.

8. Notices

8.1 Any notice required to be given under this Agreement shall be in writing and
delivered to the address specified above.

8.2 Notices will be deemed received:

• On the date of delivery, if delivered by hand.

• (b) On the date sent, if sent via email or fax.

• (c) Three (3) days after posting, if sent by registered mail.