Rental Terms and Conditions

I. Rental.  The undersigned on this day agrees to rent from Music Man, Inc. (hereafter to be referred to as MMI) of West Palm Beach, Florida, the described instrument at a monthly rental rate (see reverse) to be payable in advance for the month or any part thereof.  Monthly bills will not be sent.  It is the customer’s responsibility to notify MMI of any changes to the customer’s personal information provided to include but not limited to customer’s address, school, phone numbers, credit card number, etc.  MMI reserves the right to collect and report the credit information of the undersigned to reporting agencies.

II. Authorization.  “I authorize MMI to charge every month my TOTAL monthly payment, and any payments due to any credit card, debit card, or checking account in which I provide MMI with its number and expiration date at any time during this Agreement.”  Customer further authorizes MMI to retrieve and report credit information at the discretion of MMI.

III. Option to Purchase.  Prior to the expiration of the initial three month rental period and/or during the continuance of the rental agreement the undersigned shall have the option (provided all payments are current) to purchase said instrument for the sum herein fixed as its value.  All rental payments in full or in part made prior to the contract to purchase said instrument will be applied towards the retail price.  Ownership of said instrument will remain that of  MMI, until such time as accumulated rental payments total the herein fixed Retail Price, at which point ownership of said instrument will be transferred to the undersigned. Customer agrees that they will not sell, mortgage or dispose of the merchandise until full payment is made. A cash discount may be applied against the retail balance toward purchase of ‘new’ and ‘near new’ instruments before the initial three month period, and subsequently at the discretion of MMI.  Upon exercising said discount, in the event financing is necessary, a separate signed promissory note will be required.

IV. Return of Instrument. Upon completion of the required initial rental period of three (3) months, rental of said instrument is on a month to month basis and may be returned at any time thereafter.  Return of said instrument requires a “Return Authorization Number” to be issued by MMI upon the Request of the Customer to return instrument. It is the customer’s responsibility to notify MMI of intention to return instrument.  Customer is responsible for any parts of the instrument missing at the time of return (i.e. mouthpieces, strings, sticks, practice pads, stands, etc.)

V. Past Due & Surrender of Instrument. Said instrument shall be, and remain subject to, the order of MMI and shall be returned and surrendered to MMI upon their request at any location at the conclusion of any monthly period of this agreement or any other time the customer is in default of rental payments or the observance of any condition of this agreement. Customer agrees to reimburse MMI any costs including but not limited to past due rental fees, repossession charges, collection fees or any other fees incurred to enforce the terms and conditions of the agreement the amount of which will be determined by MMI.  In the event rental fees are unpaid and remain past due for five (5) days, MMI may collect late fees, in addition to the unpaid balance.  In the event payments become past due 30 days MMI will consider the customer in default of the agreement and the entire value of the instrument will become due and payable on demand.  Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.

VI. R&R Option: A. Repair: In the event the instrument becomes damaged in any way that affects performance, MMI will repair or regulate the instrument and/or its components to proper playing condition without charge unless damage is due to customer’s willful act or negligence. All repairs are to be performed by an MMI technician.  MMI reserves the right to invalidate R&R coverage in the event of damage caused by an unauthorized repair person, willful act or negligence as a result of ill usage, and/or abuse as deemed such by MMI.  “R&R” coverage does not include, cosmetic dent work, drumheads, mouthpieces or missing parts/components required for operation to include but not limited to necks, barrels and headjoints, etc. B.  Replacement: In the event of theft, the company will replace the stolen instrument with one of comparable brand, age, condition and value.  MMI requires the theft be reported by the customer to law enforcement authorities and to MMI within twenty-four (24) hours after discovery of theft.  A copy of the police report is required with any claim for replacement.  MMI reserves the right to refuse “R&R” coverage to any customer at the time of origination and/or amend coverage at any time. In the event of purchase or early payoff, “R&R” coverage is no longer in effect, a separate “Repair Only” coverage will be offered at such time.

VII. Loss of Instrument. While in customer’s possession, instrument shall be adequately cared for and protected from all ill usage, neglect and damage.  The instrument shall not be removed from customer’s address or that of the school as herein set forth, without written notice to MMI.  In the event that the instrument should be LOST, STOLEN or DESTROYED while in my possession, the customer shall reimburse MMI the value of the instrument herein fixed.