The Purchaser shall have the right to cancel a contract within the thirty day period following the day the contract is made and be entitled to a full refund. The Purchaser’s right of cancellation survives the thirty day period until such time as the cemetery supplies and services are provided. Unless otherwise noted, the cemetery supplies and services shall not be provided until the expiry of the thirty day period immediately following the date the contract is made.
If the Purchaser’s right to cancel the contract is exercised after the thirty day period, the Owner will refund the Purchaser, within thirty days of receiving notice of cancellation, all the money received by the Owner under the contract and all income earned on the money received by the Owner, less the value of any supplies and services that have already been provided and the service fee required under Section 140 (1) of the Funeral, Burial and Cremation Services Act, 2002. Under the Act, the fee payable to the Owner shall be the lesser of 10 percent of the amount paid by the Purchaser, together with any income earned by the Owner on the 10 percent since the purchase, or $350.00.
The Purchaser will not be entitled to a refund with the respect to the cancellation of a customized supply, if the customization of the supply is completed at the time of cancellation.
Under Section 140 (3) of the Act, the Purchaser’s right of cancellation is waived for any supplies and services that have been completed at the time the contract is cancelled.
If the Owner, after making reasonable efforts to obtain a supply or service agreed to under this contract, needs to substitute a different supply or service for the one agreed to in this contract, the Owner:
- Will inform the Purchaser of the proposed substitution, and whether the substitution is of equal or greater value than the original supply or service;
- Will inform the Purchaser of the Purchaser’s cancellation rights and determine if the Purchaser wishes to cancel the contract; and
- Will not increase the purchase price as a result of the substitution if the Purchaser does not cancel the contract.