Williams Fine Violins – Instrument Rental Contract Terms and Conditions (“Terms”)
Please read these TERMS AND CONDITIONS (“Terms”, “Terms and Conditions”) carefully. Access to and the use of Williams Fine Violins’ rental service is conditioned upon your acceptance of and compliance with these Terms.
1. TERMS: The terms “I,” “me,” and “my” refer to the person(s) who sign(s) this agreement. The terms “you,” “your,” and “owner” refer to Williams Fine Violins.
2. INSTRUMENT RENTAL: Instruments are rented month-to-month, payable in advance.
3. NO RENTAL REFUNDS: I understand that the rental fee is not refundable under any circumstances. Rental Payments cannot be pro-rated. 1/2 month charges fall under “equity”.
4. AUTOMATIC CHARGE: Rent is only payable via Credit or Debit Card, and is due on the agreed upon date. Occasionally the first day of the month OR the fifteenth day of the month will fall on a Sunday, holiday, or a day in which Williams Fine Violins may be closed. When this happens, the rental payment may be processed as late as within the next three business days.
5. AGREE TO BE CHARGED: By signing this form, the renter is authorizing Williams Fine Violins to charge the monthly rental payment and any other amounts owed under this agreement to the renter’s credit card. This includes any missed payments or any late fees.
6. TITLE: I acknowledge that: (a) I have no claim or title to the rented instrument and (b) full title and ownership of the rented equipment shall remain at all times with the owner – Williams Fine Violins. I agree not to sell, convey, mortgage, lease, encumber, transfer, or otherwise dispose of any of the rented equipment without the written consent of Williams Fine Violins.
7. CONVERSION TO PURCHASE: This rental may be converted at any time to a purchase of the instrument or another instrument that Williams Fine Violins has for sale, provided that the renter’s account is in good standing. All late payments must be paid upon return or purchase. 100% of the first twelve (12) months’ rent may be applied towards the instrument’s purchase. After the first twelve months, for month thirteen (13) and months thereafter, only 20% of each month’s rent may be applied towards the instrument’s purchase.
8. OPTIONAL MAINTENANCE/INSURANCE PROGRAM: I understand this is an optional program that I have the option to agree to, and sign up for, at the beginning of my rental period. The cost of this program is in addition to the rental fee. No part of this fee may be used towards the instrument(s)’ purchase. The Maintenance/Insurance Program, if agreed to, will cover all damages and loss to the instrument, bow, and case, except for the instrument’s bridge, strings, and bow hair. Only Williams Fine Violins is allowed to do any repairs under this program.
9. RISK OF LOSS: At the beginning of my rental period, if I do not agree to, and sign up for, the Optional Maintenance/Insurance Program, I hereby assume and shall bear the entire risk of loss, theft of, damage to, or destruction of rented equipment and, in the event of loss of the rented equipment, agree to pay the full list price plus sales tax (less any applicable rental payments). I understand that Williams Fine Violins is not responsible for any loss or damage of any kind whatsoever, whether caused by the negligence of Owner or its agents or representatives, or otherwise resulting from any delay, detention, late deliver, non-delivery, defect, malfunction, or deficiency in the rental equipment.
10. INSPECTION AND MAINTENANCE: Williams Fine Violins inspects the instrument prior to renting it, and affirms that it is in good playing condition. I will keep the instrument in the same condition in which I received it. I will notify you immediately of any loss or damage and will arrange for only Williams Fine Violins to make any repairs. Unless I opt INTO the Optional Maintenance/Insurance Program, I will pay whether fire, flood, theft, vandalism, neglect, accident, unauthorized repairs, force majeure, improper packing and shipping, or any other cause necessitates repairs.
11. COLLECTION: I will immediately return the instrument to you upon demand. If the instrument is not returned as required, I will pay the full purchase price, plus any outstanding balance. I agree to pay all collection costs, including, but not, limited to, collection fees and attorney’s fees. I authorize you to charge my credit card for any unpaid amounts. You may contact me at my home or place of business in connection with your collection.
12. RETURN/RECOVERY OF EQUIPMENT: At the end of the rental period, I agree to return the rental equipment in satisfactory condition, ordinary wear and tear accepted, to Williams Fine Violins’ place of business at their listed address, at my sole cost, risk, and expense. If I should fail, for any reason, to return the rented equipment at the end of the rental period, I agree to cooperate fully with Owner and its agents or representatives in their efforts to regain possession of the rented equipment. All rental fees are forfeited when rental equipment is returned.
13. LATE PAYMENT/LATE FEES: If I am more than FIFTEEN (15) DAYS late in paying any sums due under this Rental Agreement or in returning the rental equipment, the Owner may, without notice, bill my Credit Card for the monthly fees, plus a monthly late fee of 20% of the rental rate until the account is paid up to date. Additionally, if the rent payment is TWO (2) months overdue, and I have not responded to phone and mail/email communication from Williams Fine Violins, I agree that I am in deliberate default of financial responsibility and that theft of property will be reported to appropriate authorities and/or a collection agency.
14. BANKRUPTCY: I understand that the instrument(s) will be physically returned to owner prior to any bankruptcy declaration and that failure to do so will be admission of intent of theft of property reportable to appropriate authorities and/or a collection agency.
15. TERMINATION OF AGREEMENT: This Rental Agreement may be terminated by the owner or myself at any time, provided I have paid all rental fees in full and the instrument is returned in satisfactory condition, or I have purchased the instrument from Owner.
16. ENTIRE AGREEMENT: This Rental Agreement constitutes the entire agreement between myself and Owner and shall not be amended, altered, or changed except by written agreement signed by the parties hereto. I hereby represent and warrant that I am of legal age, have received the listed equipment, have read and/or received a copy of this Rental Agreement, and have read and do fully understand all of the terms of this Rental Agreement.