TERMS OF RENTAL AGREEMENT
1. Renter agrees to rent the goods selected and described on the Palen Music Center online rental portal (the “instrument”) subject to the terms and conditions herein.
2. Palen Music Center, Inc.(“PMC”) retains full title and ownership of the instrument until all Rent is paid in full, or until Renter elects to earlier purchase the instrument. Upon payment in full, title and ownership shall transfer to Renter.
3. QUICK PAY OPTION: If Renter wishes to purchase this instrument early, the purchase price is the remaining rental balance less a 25% discount, plus any applicable sales taxes. There is no pre-payment penalty.
4. Renter shall not sell, lease, assign, mortgage, pledge, or encumber the instrument. In the event Renter’s breach or in the event Renter shall voluntarily or involuntarily be involved in any bankruptcy proceeding, this contract shall immediately terminate and the merchandise described above shall be returned immediately.
5. There will be a service charge of $5.00 per month on any payment that is delinquent by 10 days or more and Renter agrees to pay this delinquency or late payment charge. Any returned checks will be debited from your account electronically for the face amount of the check plus a fee of $15 to $50, according to state law. STATEMENTS WILL NOT BE SENT.
6. AUTHORIZATION OF CHARGE CARD: The Renter authorizes PMC to bill against the Visa, MasterCard or Discover account, listed on the face of this agreement, only if the account becomes more than 30 days past due.
7. CREDIT INFORMATION: PMC may investigate your creditworthiness (including obtaining credit reports and verifying employment information).
Additional Terms and Conditions
RETURN OPTION: At the Renter’s option the Renter may cancel this agreement at the end of any monthly rental period without cause. Renter must return said instrument to PMC, without damage thereto, reasonable wear and tear excepted, and all payments owed to date of return of instrument must be made, including prorated Rent. In the event of cancellation of this agreement in this manner, no refunds of Rent paid will be made. Expenses involved in returning the instrument are the responsibility of the Renter. Do not return to anyone other than PMC. Be sure to get a dated receipt.
EXCHANGE OPTION: There is no exchange fee. If the customer wishes to exchange instruments, a portion of principal payments will apply to any student-level, intermediate, or professional-level band or orchestral instrument. Rent credit will depend on the amount of accumulated rental payments. See store for details. The monthly Rent will be adjusted, if necessary, to the current Rent for the exchanged instrument, and no refunds will be prorated or given for partial months Rent paid on the original instrument.
Instrument Repair, Maintenance, and Replacement Coverage
MAINTENANCE & REPLACEMENT: If you elected to add the Maintenance and/or Replacement coverages shown on the online rental portal the following coverages and exclusions apply.
(1) Maintenance: we will maintain the instrument in good playing condition; coverage provides the following at no additional charge: pad and spring replacements, adjustments, joint repair or replacement, slide and valve work, mouthpiece removal, lubrication, bridge and sound post adjustments or replacement, and tuning and labor on string replacements (strings are not covered); repairs necessitated by vandalism caused by others are covered if occurring while the instrument is at school. Excluded from coverage are: intentional acts and careless or negligent handling, finish, minor dents and scratches, strings, bows, reeds, straps, substituted mouthpieces, drumheads, sticks, and repairs not done by PMC.
(2) Replacement: we will replace the instrument in the event of theft by forced entry or damage by fire, evidenced by a notarized police or fire report, with an instrument of like condition at the time of loss at PMC’s discretion so long as this coverage in in effect. There is no loss deductible dollar amount. Theft by forced entry does not include mysterious disappearance from school band or orchestra rooms, lockers, or by any circumstances in which breaking and entering is not a factor. This coverage is for the instrument and case only and excludes partial losses of expendable items such as bows, reeds, substituted mouthpieces, straps, lubricants, mallets, sticks, etc. Should your instrument be destroyed by fire or stolen due to forced entry, you must provide our accounting department a notarized police or fire report within 14 working days of the incident.
The cost of these coverages are in addition to the monthly Rent and due with the Rent payment, and are nonrefundable. Coverage will be cancelled if all Monthly Payments are not kept current. Please advise us immediately if your instrument needs service or replacement.
If the Renter does not elect these coverages, the Renter is responsible of all costs of maintenance, repairs, and is responsible for loss and damage to the instrument, up to the total Rent balance due at the time of the loss.
ENTIRE AGREEMENT, SEVERABILITY, LAWS: This Rental Agreement contains entire agreement of the parties, and neither party has been induced to enter this Rental Agreement by any promise, agreement, or statement other than contained herein. If any provision is found to be invalid or unenforceable, the validity or enforceability of the other provisions shall not be affected thereby. This Rental Agreement shall be construed and enforced under the internal laws of the State in which the Renter received possession of the instrument from PMC.
Default in Payments
Should Renter fail or neglect to make any payment hereunder when due, PMC may, at its option, request Renter to return the instrument. Upon receipt of such request, Renter shall have 15 days to return the instrument to PMC at any of its places of business. Upon failure to so return, PMC may, at its option, do one or more of the following: (a) with or without legal process take possession of the instrument wherever found, at any time the Rent is 60 days past due; (b) bring suit to recover the amount of past due payments, together with interest at the legal rate, the cost of preparing the instrument for re-rental or re-sale, and reasonable attorney’s fees; and/or declare the remaining Rent balance immediately due and payable, and bring suit to recover the same together with past due interest at the legal rate, the costs of repairing, reconditioning, or preparing the instrument for re-rental or re-sale, and reasonable attorney’s fees
By signing this agreement, you agree to be added to our marketing list for emails and text messages. You can opt out at any time. Your contact information will not be shared with any third-parties.
NOTICE TO RENTER, ACKNOWLEDGEMENT: Do not accept these terms before you read them. Renter acknowledges they have been given the opportunity to read these terms.