Noteworthy Music Terms and Conditions1. RENTAL PAYMENTS The amount of the rental payment for the trial period is payable at the beginning of the rental period. The Renter may continue the rental beyond the trial period by making monthly rental payments. Payment includes Sales Tax. Renter agrees to pay a late charge of Five Dollars ($5.00) if payment is declined for any reason. The Renter agrees to notify Noteworthy Music in the event of a change in vital information, to include phone numbers, email addresses, physical addresses, school assignments, and payment information (Credit/Debit Card) prior to the payment date. The completion of the application and submission of payment information constitutes an authorization on the part of the Renter to charge the submitted payment method and any submitted account in replacement going forward, in accordance with this agreement.
2. PURCHASE PRIVILEGE In accordance with our mission, Noteworthy Music offers a purchase privilege to assist families to transition to owning a quality instrument. If at any time during the rental process the Renter wishes to convert the rental into the purchase of the rented instrument, or a new or different instrument within the existing inventory of Noteworthy Music, the credit accrued from rental payments made to date will be applied against the list price of the instrument.Noteworthy Music will offer a 20% discount off the list price for all accounts that have maintained good standing throughout the rental process.The credit will accrue at a rate of 80% of the principal payment (minus insurance). The purchased instrument using rental credit must be a band or orchestral instrument, of equal or greater value than the instrument currently being rented, and currently listed in Noteworthy Music's available inventory. If an exchange to an instrument in a lower tier is effected during the rental period, the credit built will be adjusted according to past payment velocity. The credit may not be used for any other purpose. The purchase process will begin at the request of the Renter.
3. CONDITION The Renter acknowledges that, upon taking possession of the instrument, it is in good working order. The Renter shall be responsible for any damage occurring to the instrument while in their possession as a result of misuse or negligence on their part. Renter shall also be responsible for the replacement value of the instrument in the event that it is lost or stolen. The Renter further agrees that any damaged or missing parts or accessories will be replaced at Renter's expense. Noteworthy Music will handle all repairs and service due to normal wear and tear, and will maintain the instrument in playable condition. Renter is eligible for optional Damage Insurance plan as described below.
4. OWNERSHIP Noteworthy Music shall at all times retain sole and exclusive title to the instrument. Renter shall not in any manner represent that he or she is the owner of the instrument, nor do anything to impair or destroy Noteworthy Music's vested rights in and to the instrument, it being understood by the parties that the Renter holds possession of the instrument subject solely to the terms and conditions of this agreement. The Renter shall not assign or sublet the Rental Agreement, the instrument which is the subject of the Rental Agreement, or any of his rights under the Rental Agreement.
5. DEFAULT/BREACH If the Renter shall default in the payment of any rent when due or default in the performance of any other provision of the Agreement, it will be considered a breach of contract, and the Renter shall immediately surrender possession of the instrument to Noteworthy Music. Upon failure of Renter to surrender possession of the instrument upon request, Noteworthy Music or its agents may without notice or liability or legal process enter into any premises of or under control of renter where the instrument may be and repossess the equipment. For the purpose of enabling Noteworthy Music to obtain possession of the instrument, Renter hereby authorizes the Prothonotary or any Attorney of any court of record to appear for and confess judgment in replevin or for writ of possession against Renter in favor of Noteworthy Music or its assigns in any action of replevin or for writ of possession, for which this Rental Agreement or verified copy shall be sufficient warrant.Renter hereby expressly waives all further rights to possession of the instrument and all claims for injuries suffered through or loss caused by such repossession.In case of any default by Renter hereunder, all sums due and to become due hereunder, shall become immediately due and payable without further notice to Noteworthy Music. Noteworthy Music, upon any default, having retaken possession of the instrument, may retain the instrument and all prior payment of rent made hereunder and, Renter shall remain liable to Noteworthy Music for the unpaid total rent for the balance of the term of this agreement, together with any and all expenses including a reasonable attorney's fee for retaking .Nothing herein contained shall prohibit Noteworthy Music from pursuing any other remedy available to Noteworthy Music at law or in equity.
6. ASSIGNMENT/SUCCESSION All rights of Noteworthy Music hereunder shall insure to the benefit of Noteworthy Music's successors and assigns, and all obligations of Renter shall be binding upon Renter's heirs, administrators, executors, successors or assigns.
7. This Agreement constitutes this entire contract between the parties and may not be modified unless done so in writing signed by both parties.
OPTIONAL DAMAGE INSURANCE PLAN
By signing up for the instrument protection program the rental instrument is covered against damage not caused by willful destruction or neglect, provided your account is in good standing. Cost of the plan corresponds to the tier level of the instrument rented and is provided within the application, and formerly in this agreement. If the Renter chooses to not take advantage of this plan, they will be charged for any non-maintenance repair. The option must be added at the time of rental. This plan may not be canceled and can not be added to an already existing rental.
Coverage does not include:
- Replacement of expendable accessories such as reeds, cleaning equipment, drumsticks, or strings.
- Replacement of lost or damaged mouthpieces, cases, or bows.
- Removing of minor dents that do not effect playing.
- Damage done by any person outside Noteworthy Music attempting repair.
- Any malicious or willful destruction.
All repair parts and replacement must be handled by NOTEWORTHY MUSIC. No reimbursement will be provided for service procured from other sources.
Pickup and delivery provided to schools called on by Noteworthy Music during the school year.
The Renter may return the instrument at any time with no penalty if the account is current. If they plan to return the instrument to the school, they must contact Noteworthy Music to arrange a pickup, provided the school is serviced by Noteworthy Music. The Renter is responsible for any regular payments or late charges that may accrue, until the instrument is received by Noteworthy Music. The instrument may also be returned via US mail, UPS, or any pre-paid mail service. The rental credit will be available to the Renter only as long as they have a current contract with Noteworthy Music.