Gard’s Music Rental Contract Agreement
LESSEE agrees to rent the above mentioned instrument from GARDS MUSIC at a monthly rental of $_ (including tax and maintenance/protection fee) payable on the ___day of each month. LESSOR will apply principle paid as a credit towards Qualified Purchase of the instrument or any other like instrument of equal or better grade at the MSRP “Manufacturer’s Suggested Retail Price,” as described on back.
LESSEE must notify GARDS MUSIC within two weeks of address, cell/phone number or credit card information changes. GARDS MUSIC reserves the right to use the most current credit card information issued by customer be it verbal or in writing. A late charge of $5 per month will be added to reimburse GARDS MUSIC for extra time and expense involved if payments are late. LESSEE must pay any credit card chargeback fees or bounced check costs of $25.00. Failure of LESSEE to pay the full monthly rent on the due date shall make this agreement voidable by GARDS MUSIC. Upon termination of this agreement by either party, LESSEE shall immediately return the instrument to GARDS MUSIC’s designated place in as good condition as when received. The instrument is and remains the property of GARDS MUSIC. This agreement is not a sale of the instrument. If LESEE does not immediately return instrument, GARDS MUSIC has the right to take the instrument back from the LESSEE and will charge a $60 “repossession fee.” In the event of litigation pertaining to this agreement, the prevailing party shall be entitled to reimbursement for all costs incurred.
The LESSEE may not take the instrument out of California. If the instrument is lost or stolen, a police report is required, as described on back.
I AGREE THAT GARDS MUSIC MAY USE MY CREDIT CARDS FOR THE PAYMENT OF THE RENTAL FEES IF AND WHEN THEY BECOME DELINQUENT. EVERYTHING THAT I HAVE STATED IN THIS APPLICATION IS CORRECT. GARDS MUSIC IS AUTHORIZED TO CHECK MY CREDIT OR EMPLOYMENT IF NECESSARY. I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS ON THE FRONT AND BACK OF THIS AGREEMENT
BACK OF AGREEMENT
Personal checks, money orders, or cashiers check (no cash) are to be payable to:
P.O. Box 1551
Glendora, CA 91740
You may also pay with a credit or debit card by calling: (626) 963-0263.
Rent postmarked after the due date shall be late.
Violin & Viola Rentals– Credit accrued my be applied towards a new instrument at the MSRP. Credit will not be applied to the rental instrument.
Credit towards Qualified Purchase of another instrument must be used within 30 days of rental instrument return. This credit toward a Qualified Purchase does not give the LESSEE an ownership interest in the instrument rented, but rather is a separate contractual right granted by GARDS MUSIC, and must be exercised strictly according to the terms of this Agreement. In the event of default by the LESSEE in fulfilling the terms of this Agreement, this right automatically terminates. The rental instrument listed on reverse side is not for sale or pawn and will always remain the property of GARDS MUSIC even in the event of LESSEE’s bankruptcy.
In case of loss or theft, LESSEE must report the incident within 72 hours to law enforcement authorities. A copy of the report must be provided to GARDS MUSIC by the LESSEE. Police report must include type, brand and serial number of stolen rental instrument with GARDS MUSIC listed as owner. GARDS MUSIC will issue an exchange of the rental instrument wit one of equal quality as determined by GARDS MUSIC.
Payments of 30 days past due– GARDS MUSIC reserves the right to charge the payments and any late charges to the LESSEE’s credit card given at the time of rental, or any subsequent or updated credit cards. A 10% charge will be added to any balance owned at the time of return.
Payments 60 days past due will be considered in default of this agreement. The rental instrument must be returned immediately. All rental feels and late charges will be considered due at that time. If payment is not made, LESSEE must make arrangements with GARDS MUSIC to pay account in full. GARDS MUSIC shall have the right to take possession of GARDS MUSIC rental property after issuing a written demand. Any collection costs (including a $60 “repossession fee” and/or attorney’s fees incurred by GARDS MUSIC in repossession of GARDS MUSIC rental properly will be at the LESSEE’s expense.
CALIFORNIA PENAL CODE SECTION 484-502.9 applies (for example, written demand by GARDS MUSIC to LESSEE to return rental property, failure of LESSEE to return rental property within 10 days after GARDS MUSIC has made a written demand, fraudulent information given by LESSEE, etc.).
MAINTENANCE/PROTECTION PROGRAM DETAILS
LESSEE agrees not to make any change or repairs to the instrument without GARDS MUSIC’s written permission. Instruments and cases must be returned in the same condition as rented or cost of repairs or replacement will be added to the fees owned by LESEE.
The following accessories must be returned with the instruments:
Mouthpiece – All wind instruments
Mouthpiece cap – All woodwind mouthpieces
Ligatures – all woodwind mouthpieces
Straps – saxophones and guitars
Cleaning rods – flutes
Bows – all orchestra string instruments
Drum sticks/mallets – all drum or bell kits
Practice pads – all drum kits
Stands – keyboards and drums
Cables – guitars and keyboards
Microphones – public address kits
If the instrument is damaged or needs replacement parts:
What is covered?
Brass/Woodwinds: Adjustments, alignments, dents, pads, felts, cords, valves, case; Strings bows, cracks, bridge, pegs, sound post, case; Percussion: drum shell, rims, lugs, bell frame, case. LESSEE must bring instrument to GARDS MUSIC for repair. GARDS MUSIC will cover cost.
If the instrument is. lost or stolen, a police report is required as noted above. GARDS MUSIC will cover cost.
What is not covered? LESSEE will purchase the following items at LESSEE’s cost:
Brass/Woodwinds: reeds, cleaning accessories, mouthpieces, ligatures; Strings: replacement strings; Percussion: drumheads, snare wires.
Damage beyond repair is not covered by the Maintenance/Protection Program. Customer must return instrument and. will be charged a fee equal to the value of the instrument
Time is of the essence of in this agreement. If any part of this agreement be ruled unenforceable by a court of law, the balance of the agreement shall nevertheless remain in full force and effect. The agreement contained herein shall apply to and bind the heirs, successors, and assigns of all the parties hereto, and all parties hereto shall be jointly and severally liable hereunder.