Monthly Rental Agreement Terms and Conditions (updated May 2016)
1. This agreement exists between the customer (“You,” “Renter,” or “the Lessee”) renting an instrument and Performance Piano Co., Inc., dba California Keyboards Music Center (“CKMC”).
2. THIS INSTRUMENT IS NOT FOR SALE. The title to the instrument shall at all times remain with CKMC.
3. CKMC agrees to supply the instrument and nothing further is indicated or implied. The Rental Agreement and/or instrument is not transferable except in the case of an exchange for another rental instrument. There is no fee to exchange; however, the first month’s rent for the new instrument is due at that time.
4. This is a month-to-month Rental Agreement with payments due in advance each month. A minimum three (3) month rental period is required for the instrument unless arrangements have been made with the owner of CKMC. This rental period is non-refundable. CKMC does not send out advance payment reminder notices.
5. Upon completion of the minimum rental period (where applicable), you may terminate this Agreement at any time by returning the instrument. There are no refunds for unused days of the month in which returned; in addition, CKMC does not pro-rate monthly rental amounts for returned rentals. The instrument must be returned to CKMC at the address indicated on the Rental Agreement and your responsibility will not cease until it is. Upon safe return of the instrument, you will be given a return receipt. Please retain this receipt for your records–it is the only acceptable proof of the return. No other party is permitted to accept the return of the instrument without written or printed authorization of CKMC. If you are unable to return the instrument in person, you must contact CKMC for a Return Authorization Form or Return Authorization Number. DO NOT leave the instrument at a school without one or the other. Instruments left at a school improperly and/or without notice and/or express written approval by CKMC will be considered unreturned and will continue to accrue rental fees and other associated charges.
6. Any past due payments, service charges, late fees, and/or repair bills must be paid at the time of the instrument’s return or other arrangements must be agreed to by CKMC. Payments are applied to the account in this order: first to any late fees or service charges, then to the past due balance, unless specified by you in writing.
7. In the event of damage beyond normal wear, you will be liable for the cost of any repairs and agree to have all repairs made by CKMC. In the event of damage beyond reasonable repair or theft of the instrument, you will be liable and agree to pay CKMC seventy-five percent (75%) of the Manufacturer’s Suggested Retail Price (MSRP) of a new instrument similar in specification to the one rented, regardless of the instrument’s age or condition. CKMC shall be the sole judge in all cases.
8. The Peace of Mind (POM) Liability Waiver, if opted and paid on time, voids paragraph 7 above. Under no circumstances will POM apply to an instrument that has been lost, forgotten, or misplaced; subject to intentional abuse, malicious damage, or destruction; subject to unauthorized repair attempts; and/or shipment in inadequate packaging by the Lessee or an agent of the Lessee. CKMC shall be the sole judge in all cases.
9. You are fully responsible for the safety of the instrument. No other person or repair shop may work on this instrument other than CKMC. Damage caused by unauthorized work will be repaired at your expense by CKMC and is not included in the POM Liability Waiver.
10. New Instrument Purchase Option. You may purchase a brand new instrument from CKMC and receive a credit towards the Manufacturer’s Suggested Retail Price (MSRP) equal to the total of the rental portion of all your on-time rental payments. This amount is known as your “Rental Credit.” The Rental Credit shall not include any accessories, books, taxes, POM fees, administrative fees, or any other item that was not rented. Purchases using a Rental Credit must be made during the rental period or no longer than thirty (30) days after the rental period ends. A Rental Credit may be used only once, in full, towards the purchase of one (1) brand new instrument of the same or related instrument family (i.e. you may not use a saxophone Rental Credit to purchase a guitar). Rental Credits may not be used toward pre-owned instruments or any non-instrument purchases. Rental Credits are limited to purchase of in-stock models and may not be used for special orders. Rental Credits may not be transferred, shared, divided, apportioned, or otherwise used except as a single one-time amount unless other arrangements by CKMC have been approved. Rental Credits remaining after a purchase, if any, are forfeited. Once an instrument is purchased, there are no further return or exchange options. Rental Credits unused after thirty (30) days of the end of the rental period are forfeited. Rental Credits have no cash value. Late payments made more than ten (10) days after the due date will not count toward Rental Credits.
11. Credit Card Authorization and Returned Checks. The Lessee authorizes CKMC to submit a credit card transaction electronically for any of the following reasons: (a) for payment of any sums authorized by this Rental Agreement including the full MSRP of the instrument in the event of default and past due balances (less credit for rent paid) when property is not returned to CKMC upon demand; (b) for all regularly scheduled payments when either Credit Card or Electronic Check/ACH billing method is selected; (c) for the payment of any returned checks and associated bank charges plus a twenty-five dollar ($25) fee; and (d) for any monthly payment that is ten (10) days past due.
12. Late Payments/Default. Accounts that become past due for any reason, including incorrect or outdated credit/debit card or bank account information, shall be subject to late fees as follows: Accounts that become ten (10) days past due will be charged a fee of ten dollars ($10) for each late payment. After thirty (30) days past due, a finance charge of one and one-half percent (1.5%) per month of the total balance due at that time will be charged. After the account becomes ninety (90) days past due, renter agrees to purchase the instrument at 100% of the manufacturer’s suggested retail price (MSRP) of a new instrument of the same or similar quality. In the event that renter returns the instrument after ninety (90) days of being delinquent, the instrument shall be stored at $1/day and then sold after ninety (90) days in storage and any credit applied. Renter understands and agrees to be liable for the deficient balance of the MSRP of the instrument less any credits given for return and cost of storage. If necessary, a thirty dollar ($30) charge will be assessed for repossession service. Delinquent accounts over thirty (30) days past due may also be transferred from CKMC to a Collection Agency for final collection and possible litigation. The account will be reported to the major Credit Bureaus and may adversely affect Lessee’s credit rating and/or credit score; any rental credits that have accrued will be forfeited. These assessments will be in addition to any ongoing rental charges. The Lessee is responsible for updating all credit/debit card information with CKMC as needed to insure a valid credit/debit card is on file throughout the term of the Rental Agreement. In the event of Lessee bankruptcy, the instrument remains the sole property of CKMC and must be returned immediately. Lessee agrees that CKMC, if necessary, has the right to repossess the instrument wherever it may be found (including at an educational institution) with or without the knowledge of the Lessee.
13. Attorney’s Fees and Other Expenses. In the event that CKMC is compelled to incur any expense, including reasonable attorney’s fees and court costs in maintaining or defending any action or proceeding instituted by reason of Lessee default, such expenses shall be the responsibility of the Lessee and shall be due and payable. Bakersfield Superior Court, Kern County, California, shall be the proper venue for any litigation involving this Rental Agreement.
Peace of Mind (POM) Assurance Plan
California Keyboards Music Center, for the Peace of Mind (POM) charge shown on the front of the Rental Application, will waive any liability you may have to CKMC with regards to repairs, damage, or theft of the instrument, subject to the following:
1. An instrument that is stolen or totally destroyed by fire, occurring not through the fault and/or malicious intent of the Lessee will be replaced by CKMC with an instrument of similar quality to the one originally rented. CKMC will replace said instrument provided that the theft or destruction is reported to the proper civil authorities and a written police or fire report is made within twenty-four (24) hours of the event. CKMC will require a copy of this report documenting any theft or destruction within seventy-two (72) hours. The Rental Credit already earned for the stolen or damaged instrument will be transferred to the replacement instrument in full. There is a replacement deductible as follows: $25 per incident for bell kit, bell/snare combo kit, clarinet, flute, snare kit, trombone, trumpet, viola, and violin; $50 per incident for alto saxophone, baritone, bass clarinet, cello, french horn (single or double), F trigger trombone, oboe, string bass, and tenor saxophone.
2. If the instrument becomes damaged or deteriorates in performance, CKMC will repair and/or regulate the instrument to proper playing condition without charge. This does not apply to deterioration of appearance that does not affect the performance of the instrument, such as scratches, minor dents, and imperfections in the finish. Specifically excluded from this waiver are normal user wear items such as (but not limited to) strings, rosin, bow hair, reeds, swabs, lubricants, drum heads, drum sticks, lyres, lost parts, user-installed equipment, and/or special or custom equipment.
3. Any claim for repair hereunder shall not be construed to alter or diminish the terms of the Rental Agreement. If you default in any payment of the accompanying Rental Agreement, this POM Waiver will lapse as of such default and may be reinstated only by permission of CKMC.
4. This Waiver is not in effect outside the State of California with the sole exception of school-sponsored travel that requires the use of the instrument. CKMC will NOT replace any instrument that is lost outside the State of California, whether the travel is school-sponsored or not.
5. All repairs and replacements that claims are made under this Waiver must be made by CKMC. No others will be honored. Under no circumstances may any other party or repair shop perform work on the instrument other than CKMC unless prior written consent is given by CKMC authorizing such work.
6. IMPORTANT: Under no circumstances will POM apply to an instrument that has been subject to intentional or malicious damage or destruction; lost, forgotten, or misplaced; unauthorized repair attempts; and/or shipment in inadequate packaging by the Lessee or their agent. CKMC shall be the sole judge in all cases.