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TERMS AND CONDITIONS
RENTAL PURCHASE AGREEMENT
OPTIONAL COMPLETE WORRY-FREE INSTRUMENT PROTECTION PROGRAM
I understand that it is my responsibility to return the instrument to N Tune Music & Sound, Inc and not to the music instructor or school.
Notice to Lessee: Do not sign the agreement before you have read it or if it contains any blank spaces. You are entitled to a copy of this Agreement. Under the law you have the right to pay off in advance the full amount due and under certain conditions you may obtain a partial refund. Keep this agreement to protect your rights. Any holder of this agreement is subject to all claims and defenses which Lessee could assert against the Lessor of goods or services obtained pursuant or with proceed hereof. The parties hereto specifically agree that recovery hereunder by the Lessee shall not exceed the amounts paid by the Lessee hereunder. Lessee and Lessor hereby agree that the warranties, covenants, terms and agreements on the reverse side are incorporated herein and made part hereof for all intents and purposes.
THE EXTENSION OF CREDIT BASED UPON THE ABOVE INFORMATION AND IS EXPRESSLY SUBJECT TO THE FOLLOWING
I authorize N-TUNE MUSIC AND SOUND to run a full credit report in order to verify my/our credit standing. N-TUNE MUSIC AND SOUND has my express permission to take possession of the instrument or instruments rented under the following terms and conditions at the school or elsewhere, after written notification without a breach of the peace. I further authorize and hold the school harmless to release the instrument or instruments to representative of N-TUNE MUSIC AND SOUND.
THIS IS A RENTAL AGREEMENT. THE INSTRUMENT IS RETURNABLE AT ANY TIME PROVIDED RENTAL PAYMENTS ARE CURRENT AT DATE OF RETURN. INSTRUMENT MUST BE RETURNED TO AN N-TUNE MUSIC REPRESENTATIVE ONLY. IT MAY NOT BE LEFT IN BAND HALL. MONTHLY RENTAL PAYMENTS ARE PRORATED.
OPTIONAL COMPLETE WORRY-FREE INSTRUMENT PROTECTION PROGRAM
The agreement is optional and not required. In the event Lessee desires not to obtain the available coverage, Lessee will assume full responsibility for the care or replacement of the instrument and assumes all liability for loss or damage in the amount of the total payments stated above. This agreement offers an optional loss damage waiver for an additional charge to cover your responsibility for loss of or damage to the merchandise. You do not have to purchase this coverage. Before deciding whether to purchase this loss damage waiver, you may consider whether your homeowners or casualty insurance policy affords you coverage for loss of or damage to rental merchandise and the amount of the deductible you would pay under your policy.
In the event of loss by FIRE, THEFT BY FORCED ENTRY, or ACCIDENTAL DAMAGE that renders your instrument unusable N-TUNE MUSIC AND SOUND agrees to provide the Lessee with a replacement of like quality and condition. The balance of the account on the original instrument will be the responsibility of the Lessee, as amended to reflect the description of the replacement. Proof of loss must be substantiated by supplying N-TUNE MUSIC and SOUND a copy of Police or Fire Report and reporting the loss in writing to the school principal and music director. These copies must be submitted within ten days of loss.
The following are NOT covered by this agreement:
- Replacement of lost or damaged parts that do not affect the playing ability of the Instrument.
- Replacement of accessories, such as but not limited to: mouthpieces, reeds, swab, lyre, drumsticks, mallets, drum heads, strings, cracked or broken bow, and bow hair.
- Deliberate of malicious damage as determined by N-TUNE MUSIC AND SOUND.
Coverage becomes void when the account is more than ten (10) days in arrears and may be reinstated with current payment and permission of N-TUNE MUSIC AND SOUND. Payment for Complete Worry-Free Instrument protection plan is in addition to the regular payment and does not apply toward the purchase of the instrument. Acceptance of the instrument protection plan allows this additional monthly charge to be added to the monthly rental payment.
In the event of loss by fire or theft the instrument will be replaced with one of equal age and quality at the time of the disappearance. The replacement agreement becomes void if account becomes ten (days) in arrears.
OPTIONAL MAINTENANCE AGREEMENT OFFERED ON THIS AGREEMENT.
All adjustments and repairs necessary to keep this instrument in proper playing condition, caused by normal wear shall be performed under the terms of this agreement. All repairs must be made by N-TUNE MUSIC AND SOUND personnel. Any attempt at repairs by anyone else may void the coverage.
- Replacement of necessary pads, corks, springs, etc. Broken mouthpiece coverage – 50% of rental price
- Regulation of mechanism and leak check
- Silver-solder any broken key
- Free any frozen rod
- In addition to previously mentioned procedures, all cracks in body of wooden clarinet will be filled and/or pinned and joint and bell rings will be tightened.
- Reset or shorten bow, hair.
- Re-setting of bridge (replacement if needed), sound post, tail piece, nut, tail gut.
- Regulate and correct slipping pegs.
- Replacement of all broken strings at 50% if retail price – must present instrument.
- Crack and breakage of wood – 50% of repair cost
- Glue open seams.
- Everything except sticks, mallets and heads.
BRASS WIND INSTRUMENTS
- Replacement of waterkey and valve corks
- Pulling frozen mouthpieces.
- Free all frozen slides.
- Solder broken or loose braces.
- Replacement of necessary springs, felts.
- Clean, buff, oil and regulate pistons and slides.
- Remove dents, clean and align playing side on trombone.
All adjustments and repairs will be made to keep the instrument in proper playing condition. Does not cover expandable materials. All service must be performed by N-TUNE MUSIC personnel.
(COVERAGE DOES NOT INCLUDE RESTORATION OF FINISH AND REPLACEMENT OF EXPANDABLE ITEMS)
(COVERAGE TERMINATES ON THE DATE THE INSTRUMENT IS PAID OFF OR WHEN THE INSTRUMENT IS RETURNED)
LESSEE AND LESSOR HEREBY SPECIFICALLY AGREE AS FOLLOWS:
- The instrument described on the front of the document shall remain the property of N-TUNE MUSIC AND SOUND until all monthly payments have been made pursuant to this agreement
- N-TUNE MUSIC AND SOUND shall have the right to pick up the instrument described on the front of the document, at school or elsewhere without a breach of the peace, upon written notification to Lessee of default.
- DEFAULT under this lease shall be:
- Failure to make monthly payments
- Loss or destruction of the instrument.
- The filing of bankruptcy
- Failure to repair the instrument
- Derogatory credit score or payment history.
- Lessor believes in good faith its ability to collect or reacquire the instrument is impaired.
- Student is not enrolled in Band or Orchestra.
- Information provided on the contract is invalid or insufficient.
If DEFAULT occurs, Lessor will end all Lessee’s right to the instrument or instruments; Lessor will peaceably take possession of the instrument wherever same is located; Lessor will keep all payments made previously by Lessee; and determine the amount which Lessee owes Lessor after DEFAULT, as follows:
- All rent payments due under this agreement and all collection fees, plus;
- All reasonable costs for retaking instrument, including attorney’s fees, court costs, and collection costs.
- And all costs to repair or replace said instrument.
- Contract may be reinstated within 30 days of return provided all payments are made current. Merchant shall provide same merchandise of comparable quality and condition.
- Lessee will promptly notify Lessor of any change of address within seven (7) days of making said change.
- Lessee agrees not to sell, mortgage, remove from country, or otherwise dispose the instrument without written permission from Lessor.
- Lessee may return the instrument any time after the expiration of thirty (30) days from the date of execution of this agreement and terminate all the terms of the agreement upon payment of all monthly rental payments to date of return.
- At any time during the lease agreement, Lessee may return the instrument if Lessee so chooses, however all monies paid shall be retained by the Lessor. At lessee’s option, Lessee may purchase the leased instrument prior to the end of the lease by exercising the purchase option and by prompt of the balance due.
- Lessee must pay the total monthly payment on the first payment due date shown on the reverse side hereof and additional monthly payments which shall be due each month thereafter until the total monthly payments have been made. Lessee will pay a $5.00 late fee plus tax for each payment not received within (10) days of the due date.
- Should Lessee not purchase the Replacement Program, Lessee shall be responsible for all repairs or replacement of the instrument at the time of its return or the end of the rental agreement or the loss of the instrument, whichever shall occur first.
- No partial invalidity of this agreement shall affect the remainder of said agreement.
- This agreement is performable in Ector County, Texas and the venue for any such action concerning this agreement is hereby agreed to be in Ector County, Texas.
- Interest on the debt evidenced by this agreement shall not exceed the maximum amount of non-usurious interest that may be contacted for, taken, reserved, charged or received under law.