RENTAL TERMS: Renter agrees to make an Initial Rental Payment which pays for the use of the merchandise until the expiration of the Initial Rental Period. Monthly rental payments are pulled through our auto payment system on the respective due dates of the 5th or 20th of each month, and are non-refundable.
MINIMUM RENTAL PERIOD: The renter is required to make the Minimum Number of 3 Rental Payments which includes the Initial Rental Payment. If the Renter returns the Merchandise before the expiration of the Minimum Rental Period, the Renter must still pay the Minimum number of Rental Payments upon return of the instrument in order to close the Rental account.
OPTIONS AFTER EXPIRATION OF MINIMUM RENTAL PERIOD:
OPTION 1: Cancel this agreement by returning the merchandise to the Boothe Music location listed above in accordance with the terms in the paragraph below entitled “Termination by the Renter.” Music teachers and other third parties shall not be responsible for the return of the Merchandise. Failure to return the Merchandise automatically initiates the monthly rental option.
(See Option 2)
OPTION 2: Continue monthly rental payments, each of which entitles the Renter to use the merchandise for one month and renews automatically until the return of the Merchandise or the Merchandise balance is completed by paying the remaining scheduled monthly payments.
OPTION 3: Up to 12 months of the payments may be applied toward the purchase of that instrument or selected UPGRADE model instruments. This option must be exercised within the 12 month period. (See Early Purchase Option, First Year Discount)
OPTION 4 ORCHESTRA/BAND: In a continuous rental program of a string instrument which is smaller than full-sized, up to 12 months of first year rental payments, and half of all rental payments made after the first year (minus sales tax and insurance) will be credited towards the purchase of a student level FULL-SIZED string instrument or UPGRADE instrument of your choice. This option must be exercised at the time you return your rental string instrument. In a continuous rental program of a band instrument, up to 12 months of first year rental payments, and half of all rental payments made after the first year (minus sales tax and insurance) will be credited towards the purchase of a student level or selected UPGRADE model instrument. This option must be exercised at the time you return your rental band instrument.
EXCHANGING CROSS CATEGORY: Excluding insurance, and applied in accordance to the credit terms above, half of all monthly rental payments may be applied cross category i.e. band -> orchestra for as long as the rental term has been continuous and the Renter is not in default on their contract. Cross category credits only apply to band and orchestra instruments, and may not be applied to any other instrument categories in the store, accessories, or gear.
EARLY PURCHASE OPTION: You may purchase the merchandise in full at any time during this agreement, and receive the following discounts established by this agreement:
FIRST YEAR DISCOUNT: Renter may apply 12 months of rental payments (minus sales tax and insurance), and receive a 15% discount off the purchase price of the merchandise.
SECOND YEAR DISCOUNT: Renter may apply 12 months, plus half (minus sales tax and insurance) of second year rental payments in a continuous rental program and receive a 7% discount off the purchase price of the merchandise.
Renters who surpass the first and second year discount options continue to pay full price for the merchandise excluding insurance.
TERMINATION BY THE RENTER: Renter may terminate this Agreement at any time after paying the Minimum Rental Payment Period by returning the Merchandise in the same condition as at the time of rental, fair wear and tear excepted, to the Boothe Music location listed above, and by payment of all additional (beyond the Minimum Rental Payments) Monthly Rental Payments and other charges due through the date of the return. Rent due beyond the Minimum Rental Payments will accumulate until the Merchandise is received by Boothe Music.
TERMINATION BY THE OWNER: The Owner (Boothe Music) can terminate this agreement at its option and without notice to the Renter should the Renter fail to make any rental payment on the date due, or should the Renter breach any agreement, condition, or representation of this Agreement and/or if the Owner deems itself insecure as to the safety, condition, or location of the Merchandise. Upon termination, Renter agrees to deliver the Merchandise to the owner in the same condition as when rented, fair wear and tear excepted. Shipping costs to and from Boothe Music are the responsibility of the Renter, and the Renter shall remain liable for all payments and charges due at the time the Merchandise is returned for the full performance of this Agreement.
LOCATION OF THE MERCHANDISE: Renter warrants and agrees to maintain as the primary location of the Merchandise the Renter’s address listed on their account and will not change the primary location from the Renter’s address without written permission by the Owner. Renter understands the PERMISSION WILL NOT BE GIVEN TO REMOVE THE MERCHANDISE FROM THE STATE WHEN RENTED. If the Merchandise is removed from the state when rented, Renter is in default, and is liable to the Owner for the total value of the Merchandise, as shown on their individual contract, plus all outstanding rent and charges due under this agreement.
LATE PAYMENT CHARGE: Any Monthly Rental Payment received more than 10 days after the due date is subject to a non-refundable late payment charge of $10.00.
LOST OR STOLEN: If the merchandise is lost, stolen, or destroyed, Renter is liable to the owner for the fair market value of the merchandise as of the time it is lost, stolen, or destroyed, plus all rent, taxes, and other fees due until paid.
WARRANTY: Renter acquires at the time of purchase any warranty rights which exist on the merchandise, if the transfer is allowed by the terms of the warranty.
REPAIR SERVICE: While the merchandise is in the Renter’s possession, Renter is responsible for servicing it and maintaining it in good condition, and for any costs associated with servicing or repairing the property while it is being leased, including replacement of expendable accessory items. No repair shop may work on this instrument other than Boothe Music or one designated by Boothe Music.
INSURANCE SERVICE: Insurance covers half of the labor on all repairs. It does not cover materials for external parts such as tuning pegs, bridges, mouthpieces, or cases. This service applies only as long as you are not in default on this agreement.
DAMAGES: The Renter is liable for all damages to the merchandise that is beyond reasonable wear and tear. Examples of non-reasonable wear and tear include, and are not limited to:
- A sticker on the Merchandise or case that is not easily removed;
- A dent or scratch more than 6 mm long or 1 mm deep;
- A bent or misaligned instrument body or part.
- Marks or scratches caused by writing utensils or pets.
- Irreparable damage to cases. Renter is responsible for 50% replacement cost.
LOANERS: A loaner instrument will be provided to customers who have a current rental and are not in default of their contract. The loaner must be returned upon pickup of the repaired instrument within 10 business days of notification.
BANKRUPTCY: Renter agrees that the merchandise cannot be included or protected by any type of bankruptcy filed by the Renter and that the Renter will immediately return this instrument to the Boothe Music location listed above. If the Renter fails to comply with this requirement, the Renter agrees to pay Boothe Music all costs incurred in taking possession of the merchandise. Including but not exclusive of court costs and attorney fees to the extent permitted under the state law or as awarded under ~ 506(b) of the bankruptcy code.
UTAH CODE ANN - THEFT OF RENTAL PROPERTY: Theft of rental property is clearly defined in the Utah Criminal Code Section 76-6-410 Theft of Rental Property. The Renter will be considered to be in violation of this statute if the Renter is more than 120 days past the renewal payment due date.
REPOSSESSION RIGHTS: If Renter breaches this agreement, Boothe Music has the right to repossession of the Merchandise. Renter will be liable to return the property to Boothe Music 135 N Main Street, Spanish Fork, UT 84660 or make arrangements for Boothe Music to take possession of it. Renter agrees that Boothe Music may pick up the property from your child's school, or other associated properties or residences of the Renter. Renter is responsible for monthly rental payments and late fees which accrue before Boothe Music costs incurred in taking possession, including but not exclusive of court costs and attorney fees.
DEFAULT: If the Renter should default in any of the obligations hereunder, or if the owner should deem itself insecure in respect to the contractual obligations hereunder, the entire value of the merchandise, plus all outstanding rent and late charges, at the option of the owner, and without notice to the renter, shall immediately become due and payable, and the owner may proceed to collect such amount, and/or may, without notice or prior demand, take possession of the merchandise wherever found, and without process of law. Such termination shall not release Renter from the payment of any damages sustained by owner as Renter as a matter of law. Renter hereby directs any third party having custody or possession of the merchandise, including schools, to deliver the merchandise to the owner on demand and agrees to hold owner and the said third parties, school officials and teachers harmless for such delivery. In the event the merchandise is repossessed by the owner, Renter shall, in addition to the cost of collection and instrument damage, pay all amounts due under contract from the date hereof until recovery to the merchandise by the owner. Renter has no right to sell, mortgage, pawn, pledge, encumber, or dispose of said property or to move said property from the address of the renter on file. To do so is a breach of this agreement and Renter shall be liable under applicable state law. If the merchandise is removed from the State of Utah, Renter is liable to the owner for the total value of the merchandise as listed on this contract plus all outstanding rent charges.
