TERMS – CONDITIONS – DEFINITIONS

Basic Rental Package: The basic rental package includes the instrument and only the necessary accessories (i.e., student mouthpiece or fiberglass bow). The basic rental package does NOT include a maintenance and replacement agreement. The customer is financially responsible for maintaining the instrument in playing condition and is financially responsible for the replacement price in the case of loss.

Custom Rental Package: The custom rental includes the instrument packaged with a “Maintenance and replacement” monthly agreement.

Rental Renewable Option: The rental is renewed on a monthly basis by authorizing monthly draft payments to the customers designated credit card or bank account and does not require any additional notification.

Return Option: If all payments are up to date, the instrument may be returned at any time and the rental agreement will be terminated. DO NOT RETURN YOUR INSTRUMENT TO THE SCHOOL (unless otherwise directed by Texas Band and Orchestra).  The minimum monthly rental period is for one month. No rental fees will be prorated or refunded. Instruments must be returned to the store and/or company representative. It is the customer’s responsibility to secure a receipt that confirms the rental return.

Base Rental Fees *: The base monthly rental fees shall be determined by deducting the monthly sales taxes and monthly maintenance and replacement fees.

Purchase Option of Student Instrument: * Base rental fees may NOT be applied towards an instrument of a different type (i.e. trumpet for a guitar…etc.).  The customer has the option of purchasing a new student instrument. Up to nine months base rental fees can be applied toward a student model instrument of similar key and type. The price on a student model shall be calculated by taking the manufacturer’s suggested list price at the time of purchase for the instrument plus accessories selected minus the base monthly fees plus sales tax. This student option is not automatic; it is the customer’s option to exercise.

Purchase Option of Semi-Pro or Professional Instrument: The customer has the option of purchasing a “step-up” instrument. Up to nine months base rental fees can be applied toward a “step-up” model instrument of similar key and type. The price on a “step-up” shall be calculated by taking the manufacturers suggested retail price at the time of purchase for the instrument plus accessories selected minus the base monthly fees plus sales tax. This step-up option is not automatic; it is the customer’s option to exercise.

Replacement Agreement: In the event of theft by forced entry or fire, the instrument will either be replaced with like condition merchandise at the time of loss or the agreement canceled at the company’s discretion so long as payments are current. There is no loss deductible amount. This agreement covers only the instrument. This agreement does not cover partial loss such as bows or other expendable items such as cases, reeds, mouthpieces, straps, lubricants, mallets, sticks, etc. If your instrument should be destroyed by fire or loss due to theft by forced entry, you must provide our accounting department a notarized police report within 10 working days of the incident. This replacement agreement will terminate when the rental agreement is terminated or canceled.

Repair and Maintenance Agreement: While you are renting this instrument, we will maintain the instrument in playing condition, provided damages are not willful or due to negligence and provided the payments are current at the time of damages. Maintenance coverage shall NOT include: cosmetic dents on brass instruments, repair of cracked joints on wood clarinets, replacement of broken bridges, re-hair of bows on stringed instruments, replacement of broken drum heads and broken drum sticks, restoration of finishes or replacement of expendable items such as cases, reeds, straps, lubricants, etc. Texas Band and Orchestra or our designated agent must make any and all repairs and replacements. This repair and maintenance agreement is paid monthly and will be cancelled if payments are not current. No other repair shop may work on this instrument and any repairs, damages, or alterations so incurred shall be fully chargeable to the customer. This repair/maintenance agreement will terminate when rental is terminated or canceled.

Authorization of Charge Card or Bank Draft: As a convenience to the customer, the customer herein authorizes the company to bill them by two methods: (1) Credit Card or Debit Card Draft- Visa, Master Card, American Express, or Discover account listed on the reverse side of this contract. I authorize Texas Band and Orchestra to make monthly automatic draft payments for monthly charges as well as authorizing automatic charges for past due amounts, past due fees, and any added collection costs. I understand that I have the option of updating my Credit Card or Debit Card Draft- Visa, Master Card, American Express, or Discover account to another card other than the card on the reverse side of this contract. If I should update the card I understand it will continue to be authorized for monthly automatic draft payments for monthly charges as well as authorizing automatic charges for past due amounts, past due fees, and any added collection costs.  (2) Checking Account draft directly from their bank (When and if available). Customer authorizes the company to bill against their bank account providing a copy of a voided check.

Authorization for Late Charges and Pick-Up (In Case Of Delinquency): The instrument rented remains the property of Texas Band and Orchestra. The customer herein authorizes the company and its representatives to pick up the company’s instrument, in case of delinquency of payment, from any school or any other designated location. You authorize your music teacher or any other person to return the instrument to Texas Band and Orchestra on your behalf in case of delinquency. If any payment is more than 10 days late, you will pay a late charge of $20.00. If any check or similar instrument (payment method) is dishonored for any reason, you will pay a charge of $35.00 and any fees applicable.

Credit Inquiry: This is my authorization for Texas Band and Orchestra to make whatever credit inquiries are necessary in connection with this rental agreement. I understand and accept that Texas Band and Orchestra will retain this credit application whether or not it is approved. I authorize Texas Band and Orchestra to answer questions about my credit experience in regards to this application.

Renewable Rental Agreement: This rental agreement is for one month, and is renewable each month when payment is received.