Lessee may return the instrument to Lessor any time after the minimum
rental term has been satisfied, provided that Lessee has given 30 days
advance written notice and notwithstanding any other terms of this
Lessee in good standing may apply all rental payments (excluding tax
and any optional coverage) towards the purchase of this Instrument at
the selling price listed on the contract for that particular instrument.
Lessee is severaly liable and 100% responsible for the full value of
the leased property unless optional Instrument Protection Coverage,
detailed below, is purchased by Lessee.
Lessee hereby authorizes Lessor or Lessor's agent to charge the
monthly payments hereunder to the credit/debit card account provided by
Lessee herein. Lessee agrees to keep this or another valid credit/debit
card on file with Lessor at all times during this contract.
Lessee understands that any monthly rental payment which is not
received by Lessor, for any reason, by the fifth (5th) calendar day of
the month will incur a $10.00 late fee which will be assessed and added
to Lessee' account balance. Accounts not cleared by the fifteenth (15th)
of the month are subject to collection costs, court fees and other
This online agreement will not become binding until Lessor
has offered the subject property to Lessee, and Lessee has accepted the
subject property from Lessor.
Term of Lease: The term of this lease shall be for the Minimum
Rental Term specified in store, beginning as of that date and ending on
the date the property is either returned voluntarily or involuntarily
to Lessor, or purchased from Lessor.
Rent: Lessee remains obligated to pay the monthly rental fee
for every month or fraction of a month that Lessee has not returned the
property to Lessor. Lessee agrees to bring the account current upon the
return of the property to Lessor and acknowledges that Lessor is
entitled to retain all payments previously made under this rental
Location of Property: Lessee shall not permit the property to
be removed from his or her possession during the term of this rental
agreement. Lessee agrees to notify Lessor in writing, within 10 days, as
to any change in the location of Lessee and/or the property.
Inspection: Lessee shall inspected the property upon pickup
and then acknowledge that the property is in good condition and repair
and thereby only accept the property if the property is, in fact, in
such good condition and repair.
Care of Property: Lessee agrees to use the property in a
careful and proper manner and to comply with Lessor's and the
manufacturer's instructions relating to the possession, use,
maintenance, repair and operation of the property.
Alterations: Lessee agrees that it will allow no alterations
of any kind to the property including putting stickers on or writing a
name on the case. Lessee agrees to purchase a new case for any case so
permanently marked with their child’s name.
Maintenance and Repair: Lessee shall at all times during the
term of this rental agreement keep the property in good repair,
condition and working order. Lessee agrees that no repair shop other
than Lessor's may work on the above instrument without the prior written
permission of Lessor. Lessee is advised that our typical minimum shop
fee for repairs and/or adjustments to band and orchestra instruments is
Instrument Protection Coverage: Lessee may purchase our
Instrument Protection Coverage at an additional cost. This coverage will
replace the instrument if it is lost or stolen due to fire or theft,
provided a police report is filed within five days of any such loss.
This coverage will also pay for minor repair/service/maintenance charges
to the instrument; including adjustments and string replacing. Our
Instrument Protection Coverage is not comprehensive insurance and
specifically excludes any and all damage caused by neglect, abuse or
unreasonable depreciation due to damage or hard use.
Return of Property: On the expiration or earlier termination
of this lease, Lessee shall return the property to Lessor' place of
business in good repair, ordinary wear and tear resulting from proper
use alone excepted. Such conditions for the return of the property are
subject to Lessee's option to purchase the property as set forth below.
Lessee's Option to Purchase Property: Lessor grants to Lessee
the option to purchase the property, provided that Lessee completely
performs all of the terms and conditions of this lease on Lessee's part
to be performed, including full payment of the lease payments. Should
Lessee exercise the option to purchase, all of the lease payments paid
shall be applied to the purchase price of the property less service
charges if any according to the contract. On receipt of the balance of
the purchase price by Lessor, together with applicable unpaid taxes,
Lessor will transfer title to the property to Lessee. The instrument
will remain the property of Lessor and will not become the property of
Lessee until the full purchase price (including the selling price listed
on this contract, plus any sales tax, service charges and late fees)
have been paid.
Risk of Loss or Damage: If Lessee elects to NOT PURCHASE
Instrument Protection Coverage, then Lessee assumes all risk of loss of
and damage to the property from any cause; including loss due to fire or
theft, even if another person was using the property at the time of
loss or damage. No loss or damage to the property will impair any
obligation of Lessee under this lease, which will continue in full force
and effect. In the event the property is lost or damaged beyond repair,
Lessee will be responsible for payment of 100% of the Selling Price,
less any monthly payments previously made.
Events Constituting Default: The following events shall
constitute default under this agreement: (a) The nonpayment by Lessee
for a period of ten days of any sum required to be paid by Lessee that
is not cured within 15 days of the payment due date; (b) The
nonperformance by Lessee of any other term, covenant or condition of
this lease that is not cured within ten days after notice of
nonperformance from Lessor; (c) Any affirmative act of insolvency by
Lessee, or the filing by Lessee of any petition under any bankruptcy,
reorganization, insolvency, or moratorium law, or any law for the relief
of, or relating to, debtors; or (d) The subjection of any of Lessee's
property to any levy, seizure, assignment, application or sale for or by
any creditor or governmental agency.
Lessor's Rights On Default: On the occurrence of any of the
events of default described above, Lessor, without notice to or demand
on Lessee, may retake possession of the property. Lessor is entitled to
pursue all legal remedies available to it to enforce the terms of this
contract, including the pursuit of a collection action to collect any
amounts due under this contract. Lessee will be responsible for all
costs incurred by Lessor, including collection costs, legal expenses,
and attorneys' fees, to enforce the terms of this contract against
Lessee. Any amounts turned over for formal collection will incur
interest at the rate of 12% per annum from the date default occurred.
Rights of Reinstatement: If Lessee fails to make a monthly
rental fee when due, Lessee may reinstate this contract without losing
any rights or options previously acquired if he or she brings his or her
account current within 15 days of the payment due date. Upon
reinstatement, Lessor shall provide Lessee with the same instrument or a
substitute instrument of comparable quality and condition. If monthly
rental payments are over 10 days' late for three consecutive months or
run over 30 days' late at any time, Lessee must return the property to
Lessor, and all rental fees will be forfeited unless the balance of
payments and any late fees are paid in full.
Ownership of Property: The property is, and shall at all times
remain, the sole property of Lessor, and Lessee shall have no right,
title or interest in the property except as expressly set forth in this
lease. Lessor shall retain title to the property until such time, if
ever, as Lessee chooses to exercise the option to purchase the property
according to the contract.
Assignment by Lessor: Lessor may assign or transfer this
contract, the instrument or its rights to receive payments under this
lease at any time without notice to or approval from Lessee.
General Representations: Lessee warrants and represents that
he or she is over 18 years of age and that the information provided
herein is true and correct.