The Instrument Place: Rental Terms and Conditions
This Musical Instrument Rental Agreement (the “Agreement”) is made between The Instrument Place, Inc. (“Company”) and the Renter as entered on this order (collectively referred to as the “Parties”).
The Parties agree as follows:
1. EQUIPMENT: Company hereby leases to Renter the equipment designated on the submitted order (the “Equipment”).
2. RENTAL TERM: The rental will start on Renter's receipt of the Equipment (begin date) and continue for a period thereafter as designated on the submitted order (Rental Term).
3. RENTAL PAYMENTS: Renter agrees to pay to Company as rent for the Equipment the amount for the full Rental Term designated on the submitted order (“Rent”). Company is hereby authorized to charge the credit card provided by Renter for such rent payment.
4. SECURITY: Prior to taking possession of the Equipment, Renter shall provide a valid credit card as security for the performance by Renter of the terms under this Agreement and for any damages caused by Renter or Renter’s agents to the Equipment during the Rental Term. Renter agrees to pay full replacement cost of any equipment lost, stolen, damaged or destroyed, and Company is hereby authorized to charge the same to Renter's credit card.
5. DELIVERY: Renter shall be responsible at the beginning of the Rental Term for all expenses and costs of shipping the Equipment to Renter’s premises and of shipping the Equipment back to Company’s premises.
6. DEFAULTS: If Renter fails to perform or fulfill any obligation under this Agreement, Renter shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary, Renter shall have seven (7) days from the date of notice of default by Company to cure the default. In the event Renter does not cure a default, Company may at Company’s option (a) cure such default and the cost of such action may be added to Renter’s financial obligations under this Agreement; or (b) declare Renter in default of the Agreement. If Renter shall become insolvent, or if a petition has been filed by or against Renter under the Bankruptcy Act or similar federal or state statute or if charges to Renter's credit card shall be declined by the issuer, Company may immediately declare Renter in default of this Agreement. In the event of default, Company may, as permitted by law, re-take possession of the Equipment. Company may, at its option, hold Renter liable for any difference between the Rent that would have been payable under this Agreement during the balance of the unexpired term and any rent paid by any successive Renter if the Equipment is re-let minus the cost and expenses of such re-letting. In the event Company is unable to re-let the Equipment during any remaining term of this Agreement, after default by Renter, Company may at its option hold Renter liable for the balance of the unpaid rent under this Agreement if this Agreement had continued in force.
7. POSSESSION AND SURRENDER OF EQUIPMENT: Renter shall be entitled to possession of the Equipment on the first day of the Rental Term. At the expiration of the Rental Term, Renter shall surrender the Equipment to Company by delivering the Equipment to Company or Company’s agent in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Agreement. Renter may surrender the Equipment to Company prior to the end of the Rental Term, however Company's acceptance of such surrender shall not entitle the Renter to any refund or credit.
8. FAILURE TO RETURN EQUIPMENT; RENEWAL OF RENTAL: In the event that Renter fails to return the Equipment within 5 days following the conclusion of the Rental Term, the Rental hereunder shall be renewed on a month-to-month basis at the prevailing month-to-month rate (including optional charges, such as damage protection, etc.). Company is hereby authorized to charge the credit card provided by Renter for such renewal rent payment.
9. USE OF EQUIPMENT: Renter shall only use the Equipment in a careful and proper manner and only for its intended purpose. Renter will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance and storage of the Equipment.
10. CONDITION OF EQUIPMENT: Equipment is in good playing order when shipped to Renter. Upon receipt of the Equipment, Renter shall inspect the same. Renter shall be deemed to have inspected the Equipment and acknowledged that the Equipment is in good and acceptable condition, unless Company shall have received written notice of any defect or damage immediately following receipt of the Equipment.
11. MAINTENANCE, DAMAGE AND LOSS; DAMAGE PROTECTION:
a) Renter shall at all times be liable to Company for the full replacement cost of the equipment leased hereunder and agrees to remit the same within 5 business days of any loss or damage to said equipment, whether by fire, theft, burglary, fraud, mysterious disappearance, water, or casualty of any nature. Renter will, at Renter's sole expense, keep and maintain the Equipment clean and in good working order and repair during the Rental Term. In the event the Equipment is lost or damaged beyond repair, Renter shall pay to Company the replacement cost of the Equipment; in addition, the obligations of this Agreement shall continue in full force and effect through the Rental Term. Company is hereby authorized to charge Renter's credit card for any such repair or replacement charges.
b) Damage Protection: If Renter has elected to pay the supplemental Damage Protection fee, then, in the event of damage to the Equipment during the Term of this Agreement, and not caused by Renter's gross negligence or willful act, then Seller shall, at Seller's sole discretion, repair or replace such damaged equipment at no cost to Renter. Renter is responsible for replacement of broken strings and reeds, which are NOT covered by this Damage Protection.
12. COMPANY'S REPRESENTATIONS: Company represents and warrants only as follows:
a) That it has the right to Rent the Equipment as provided in this Agreement;
b) That Renter shall be entitled to quietly hold and possess the Equipment;
c) Company will not interfere with that right as long as Renter performs its obligations under this Agreement;
d) Company makes no representation with regard to the particular brand or manufacturer of the Equipment rented hereunder;
e) Company makes no warranty or representation with respect to the Equipment's merchantability or fitness for a particular purpose.
13. OWNERSHIP: The Equipment is and shall at all times remain the exclusive property of Company.
14. ENCUMBRANCES, TAXES AND OTHER LAWS: Renter shall keep the Equipment free and clear of any liens or other encumbrances, and shall not permit any act where Company’s title or rights may be negatively affected. Renter shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Equipment. Furthermore, Renter shall promptly pay all taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession, use or maintenance of the Equipment.
15. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
16. ASSIGNMENT: Neither this Agreement nor Renter’s rights hereunder are assignable except with Company’s prior, written consent. Renter shall not assign, transfer or sublet its rights under this Rental, shall not pledge, mortgage or encumber the leased equipment, or its rights hereunder and Renter shall not permit the equipment or rights hereunder to be subject to any lien, charge or encumbrance.
17. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
18. DISPUTE RESOLUTION: This Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties hereby submit to the jurisdiction of the California courts at Los Angeles, California for resolution of any matter or controversy arising out of this Agreement, and a judgment by a California court may be entered and enforced by any court in any jurisdiction where either the Renter or the Equipment may be located. In the event of legal action to enforce the provisions of this Rental Contract, the prevailing party shall be entitled to interest and attorneys’ fees in addition to compensatory, consequential and incidental damages.
19. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to the parties’ addresses as specified in this Agreement. Either party may change such addresses from time to time by providing notice as set forth above.
20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Company and Renter.
21. CUMULATIVE RIGHTS: Company’s and Renter’s rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
22. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by Company does not waive Company’s right to enforce any provisions of this Agreement.
23. INDEMNIFICATION: Except for damages, claims or losses due to Company’s acts or negligence, Renter, to the extent permitted by law, will indemnify and hold Company and Company’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including Renter, or for damage to property arising from Renter using and possessing the Equipment or from the acts or omissions of any person or persons, including Renter, using or possessing the Equipment with Renter’s express or implied consent.
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The Instrument Place: Lease-to-Own Terms and Conditions
This contract is made between The Instrument Place, Inc. (“Seller”) and the buyer as designated on the submitted order (“Buyer”).
1. Payment. Seller agrees to sell, and Buyer agrees to purchase the articles described above (“goods”) upon the terms set forth herein. An initial installment payment hereunder shall be due immediately upon purchase. Thereafter, eleven (11) subsequent equal installments shall be charged to your credit card on or about the first day of each month. Subject to Seller's approval you may provide an alternate form of payment for any installment due hereunder, provided the same is received by Seller prior to the first day of the Month. You, the Buyer shall provide a valid credit card which shall remain valid throughout the term of this Agreement, and Seller is hereby authorized to charge all of the installments and fees hereunder (including the Origination Fee) against said card. In the event that charges against buyer's credit card are declined by the issuer, Seller shall so notify Buyer who shall arrange for alternate payment within three (3) business days. Should Buyer fail to do so, Seller may declare Buyer to be in default of this Agreement.
2. Additional Information. Seller may, in its discretion, require additional information from Buyer, for the purpose of determining Buyer's creditworthiness or confirming Buyer’s identity and Buyer agrees to provide such information in a timely fashion following Seller's request therefore. In the event Buyer refuses to provide this information, Seller may elect to terminate this Agreement.
3. Warranties. No representation or statements have been made by seller concerning the goods except as stated in this agreement, and no warranty, express or implied, by seller, arises apart from this writing. Buyer warrants that any property offered in trade for the goods is free from any lien, claim, encumbrance or security interest.
(a) Lease to Own Fee: Buyer agrees to pay the published “Origination Fee” with and in addition to the first installment payment due hereunder. Additionally, Buyer shall pay all costs of filing this contract or any financing or termination statement with respect to the goods, and appoints seller buyer's attorney-in-fact to do whatever seller may deem necessary to perfect or continue perfected its security interest in the goods.
(b) Late Fees: A late fee of $15.00 per late payment shall also apply.
5. Retention of title/security interest. Until all installment payments, and all other amounts due under this agreement, have been paid, seller shall retain title in, and ownership of the goods, together with a security interest therein and any and all equipment, parts, accessories, attachments, additions and other goods, and all replacements of them, affixed to or used in connection with the goods and, if buyer sells or otherwise disposes of the goods in violation of the terms of this agreement, in the proceeds of such sale or disposition. Seller may, in Seller's sole discretion, elect to file a Notice of Security Interest with the State of Buyer's residence to protect this Security Interest in the Equipment
6. Condition of Equipment: All Equipment is new at the time of shipment to the Buyer. Upon receipt of the Equipment, Buyer shall inspect the same. Buyer shall be deemed to have inspected the Equipment and acknowledged that the Equipment is in good and acceptable condition, unless Seller shall have received written notice of any defect or damage immediately following receipt of the Equipment.
7. Damage; Damage Protection:
(a) Buyer responsible: Buyer shall be responsible for any theft, loss or damage to the equipment, and in the event of such loss or damage, shall remain responsible for all installment payments hereunder.
(b) Damage Protection: If Buyer has elected to pay the monthly supplemental Damage Protection fee, then, in the event of damage to the Equipment during the Term of this Agreement, and not caused by Buyer's gross negligence or willful act, then Seller shall, at Seller's sole discretion, repair or replace such damaged equipment at no cost to Buyer. Buyer is responsible for replacement of broken strings and reeds, which are NOT covered by this Damage Protection or any shipping fees required in the replacement or repair of the damaged equipment. Damage protection coverage ends on the day that the final installment payment has been paid to Seller.
8. Maintenance. Buyer shall keep the goods in good condition and free from liens and other security interests, shall pay promptly all taxes and assessments upon them or with respect to their use, shall not use the goods illegally or dispose of or encumber them, shall not remove the goods from the premises to which they are delivered as stated on the face of this contract, without the prior written consent of seller and shall not permit the goods to be fixtures, or to become accessions to other goods unless on the front page of this agreement it is indicated that the goods are to be attached to real estate in which case buyer agrees to furnish seller with a disclaimer or disclaimers, in form satisfactory to seller, signed by all persons having an interest in the real estate, of any interest in the goods which is prior to seller's interest.
9. Cancellation: Buyer may cancel this lease-to-own Agreement at any time, by returning the Equipment to Seller, in good condition, and Buyer shall, following Seller's receipt and acceptance of the Equipment, have no further obligation hereunder.
10. Events of default. The occurrence of any of the following shall constitute a default under this agreement:
(a) failure of buyer to perform any obligation or agreement specified in this agreement, or if any warranty or representation made under this agreement by buyer should prove to be materially incorrect;
(b) the death of buyer, any cosigner or guarantor on any obligation secured by this agreement, or the dissolution, merger, consolidation or reorganization of any corporate buyer or corporate obligor on such obligation;
(c) the institution of any proceeding in bankruptcy, receivership or insolvency against buyer; or against any obligor on any secured obligation or the institution by any party of action for attachment or similar process;
(d) the issuance of execution process against any property of buyer or any such co obligor, or the entry of any judgment against buyer or any such co obligor, or any assignment for benefit of creditors or similar action adversely involving any such party;
(e) any condemnation, levy, forfeiture or similar action against the goods or any part of them;
(f) when seller shall in good faith and upon reasonable grounds believe that the prospect of performance of any obligation of buyer under this agreement, or of performance or payment of any obligation secured by this agreement, by buyer or any other obligor on them, is materially diminished;
(g) the default by buyer under any other contract obligations, or installment sale security agreement between the parties to this security agreement.
11. Remedies on default. In the event of a default, or if seller or seller's assignee shall consider the payment of the balance of the installment payments insecure, seller shall have the right to:
(a) obtain judgment for the amount of the installments and late fees delinquent under the contract plus interest at ten percent (10 %) on such delinquent payments from due date, plus attorney's fees without prejudicing seller's right to subsequently obtain judgment for additional, or the balance of, the installments or to exercise other rights contained in this agreement or at its option, declare all unpaid installments, late fees and other moneys due or to become due under this contract immediately due and payable and to obtain judgment for the total amount of unpaid installments due plus interest of ten percent (10%) on delinquent payments and late fees from due date and reasonable attorney's fees;
(b) enter any premises and without breach of the peace take possession of the goods; and
(c) exercise the rights on default of a secured party under the Uniform Commercial Code.
(d) report the Equipment to police or other government authorities as having been stolen.
Seller may require buyer to assemble the goods and make them available to seller at a place to be designated by seller which is reasonably convenient to seller and buyer. Seller shall have the right to take immediate possession of the goods wherever found, with or without legal process, and to sell or otherwise dispose of the goods. Unless the goods are perishable or threaten to decline speedily in value or are of a type customarily sold on a recognized market, seller shall give buyer reasonable notice of the time and place of any public sale of the goods or the time after which any private sale or other intended disposition is to be made. The requirements of reasonable notice shall be met if such notice is mailed, postage prepaid, to the address of the buyer shown at the beginning of this contract or such other address of buyer as may from time to time be shown on seller's records, at least five days prior to such action. Buyer shall pay any deficiency that may remain after exercise of such rights plus expenses of retaking, holding, preparing for sale, selling or the like, including seller's reasonable attorney's fees. All of seller's rights under this agreement are cumulative and no waiver of any default shall affect any later default.
12. Miscellaneous terms and provisions.
(a) Loss or damage to the goods shall not release buyer from its obligations hereunder.
(b) Repairs to the goods and equipment or accessories placed on the goods shall be at buyer's expense and shall constitute component parts of the goods, subject to the terms of this contract.
(c) If any part of this contract is adjudged invalid, the remainder shall not be rendered invalid and the offending portion shall be excised here from.
(d) Seller may assign this contract but buyer shall not. Seller's assignee shall have all of the rights, powers and remedies of seller but shall be subject to none of seller's obligations, and any right, remedy or authority conferred upon seller under this agreement shall upon assignment be deemed to be conferred upon seller's assignee, even though the term "seller" only is used in this agreement, and any notice to which seller is entitled shall be given to seller's assignee if buyer has notice of an assignment.
(e) Buyer shall not assert against any assignee of this contract any defense which buyer may have against seller.
(f) If there be more than one signer of this contract, their obligations shall be joint and several and each specifically waive presentment or demand and agree that any extension or extensions of time of payment of this contract or any installment or part installment may be made before, at or after maturity by agreement with any one or more of the parties, and they waive any right which they may have to require the holder to proceed against any person.
(g) This Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties hereby submit to the jurisdiction of the California courts at Los Angeles, California for resolution of any matter or controversy arising out of this Agreement, and a judgment by a California court may be entered and enforced by any court in any jurisdiction where either the Buyer or the Equipment may be located. In the event of legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to interest and attorneys’ fees in addition to compensatory, consequential and incidental damages.
(h) Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to the parties’ addresses as specified in this Agreement. Either party may change such addresses from time to time by providing notice as set forth above.
(i) The parties' rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
(j) The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of payments by Seller does not waive Seller’s right to enforce any provisions of this Agreement.
(k) Except for damages, claims or losses due to Seller’s acts or negligence, Buyer, to the extent permitted by law, will indemnify and hold Seller and Seller’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including Buyer, or for damage to property arising from Buyer using and possessing the Equipment or from the acts or omissions of any person or persons, including Buyer, using or possessing the Equipment with Buyer’s express or implied consent.
13. Warranty as to use. Buyer warrants that the goods are purchased for use primarily for personal, family or household purposes.
14. Entire Agreement This writing contains the full, final and exclusive statement of the contract between the parties and no agreement or warranty shall be binding on the seller unless expressly contained in it.
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The Instrument Place: General Purchase Terms and Conditions
3. When you place an order through our website, you must complete the registration process by providing the complete and accurate information requested on the registration form.
4. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at firstname.lastname@example.org.
5. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
6. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
8. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
10. COPYRIGHT. Except as provided below, All contents of Site or Service are: Copyright © 2009 - <?php echo date("Y"); ?> by The Instrument Place, Inc.. All rights reserved.
13. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
14. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
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