Rent to Purchase Terms
ON CERTAIN INSTRUMENTS THE INITIAL RENTAL FEE MAY BE LARGER THAN THE MONTHLY RENTAL FEE AND IS NON-REFUNDABLE
FOR RENTAL MONEY TO APPLY TOWARD PURCHASE OF PRICE, PAYMENT MUST BE RECEIVED WITHIN TEN DAYS OF DUE DATE
|Monthly Rental Late Charge
|In-Home Pick-Up Charge
|Initial Processing Fee
OPTIONAL MAINTENANCE AGREEMENT
(OMA) (Optional but recommended) If you elected to enroll in the OMA by paying the OMA fee and are not in default of the Agreement, you will not be liable for loss or damage to the instrument due to theft or fire. For theft, you must present us with a Police Report showing forced entry within 72 hours of the loss. The OMA does not cover mysterious disappearance from the school band or orchestra room or lockers. The OMA does not cover theft without proof of breaking and entering. We will not replace the instrument, and payments made prior to the date of loss are not refundable or transferable. If you claim a loss under the OMA you agree that we are subrogated to all of your rights, claims, and remedies due to the loss of the instrument including but in no way limited to your rights or any recoveries under any insurance policies.
The OMA covers certain repair at no charge to you unless the damage is due to your willful act or negligence, in which case our standard repair rates apply. The OMA does not include damage to finishes, cosmetic damage to cases, case feet, string breakage (after the first 14 days of rentals), reeds, drum sticks and mallets, drums heads, bow hair, rosin, brass and woodwind mouthpiece loss, neck straps, ligature and mouthpiece cap loss. Mouthpiece and ligature, included with the instrument at the time of rental, are covered upon presentation of the broken part. ALL REPAIRS MUST BE COMPLETED BY A SWEETWATER BAND & ORCHESTRA APPROVED TECHNICIAN.
You may choose to enroll in the OMA at the time this Agreement is initiated or at a later date. If enrolling in the OMA at a later date the instrument must be inspected by a Sweetwater Band & Orchestra approved technician and be put into rentable condition at the expense of the renter. After the instrument is put into rentable condition, you may enroll in the OMA.
You may return this instrument at any time and are under no obligation to continue to rent or to purchase this instrument. If you do choose to return this instrument, you must return the instrument directly to Sweetwater Band & Orchestra at 5501 US Hwy 30 W, Fort Wayne, Indiana, where you will receive a written receipt as your proof that the instrument was returned. Return instrument as soon as possible to avoid incurring additional rental costs.
Instruments must be returned with any accessories that were included in the original rental outfit. This includes the case, mouthpiece, ligature, and swab. You will be charged for the cost of replacing these accessories if they are missing from the case when the instrument is returned.
When an instrument is returned it will be inspected for damage. Normal wear and tear is expected, but any damage above normal wear and tear will be charged a refurbishment fee based on the extent of the damage to the instrument up to and including the replacement value of the instrument. This fee will be waived if you are enrolled in the Optional Maintenance Agreement.
When you sign this agreement and pay the rental payment and additional charges above that apply, you are entitled to the use of the property at your address until the rental period expires. At the expiration of the rental period, you have the following choices: (I) you may continue to rent the property for an additional rental period, or (II) you may purchase the property; or (III) you may return the property to us. Each of these three choices is explained in detail below.
(I) CONTINUE TO RENT UNTIL PAID IN FULL
You will acquire ownership of this instrument if you
renew this agreement and make timely rental
payments until the instrument is paid in full. The full purchase price of your specific instrument will be emailed to you within 2 business days of submitting this application. This total includes all
maintenance fees and taxes. For rental money to apply toward the purchase price, payment must be received
within ten days of the due date. Some additional charges may be necessary. Read this agreement carefully for an
explanation of these charges.
(II) PURCHASE INSTRUMENT
||Pay off at any time and receive a 25% discount off the outstanding balance.
(III) RETURN INSTRUMENT
You may return this instrument at any time and you
are under no obligation to continue to rent or to
purchase this instrument.
ADDITIONAL CHARGES: You agree to pay to us any of the following charges which may be imposed under this agreement.
- IN HOME PICK-UP CHARGE You agree to pay us a $10.00 charge for each occasion we attempt to collect monies past due or repossess an instrument at a place other than our place of business.
- LATE CHARGE You agree to pay us a late charge of $8.00 if the rental payment for that renewal period is more than 10 days late and you have not returned the property to us.
- REINSTATEMENT FEE You agree to pay us a reinstatement fee of $5.00 if this agreement is reinstated after the property has been returned to us.
- COLLECTION FEE You agree to pay all fees necessary for any legal restitution of merchandise or for collection of monies past due.
- RETURN CHECK FEE You agree to pay is a returned check fee of $25.00 in the event of a returned check.
AUTOMATIC PAYMENTS: You authorize Sweetwater Band & Orchestra to charge the credit card on file for monthly rental payments on the due date each month. If for some reason the card does not clear within 10 days of the due date, late charges (according to the Agreement) will also be charged to the credit card. If payments become 60 days delinquent, you agree to have the full purchase price of the rented instrument charged to the card. You also agree to provide to Sweetwater Band & Orchestra any changes in credit card number, expiration date, or security code.
LESSEE LIABILITY: You agree to be fully responsible for any loss, theft or destruction of, or damage to the property, excluding ordinary wear and tear. In the event of any loss, theft or destruction of the property, you agree to pay us its value. In the event of damage to the property in excess of ordinary wear and tear, including such damage caused by maintenance or repairs performed by someone other than us, you agree to pay us the cost to repair the damage, not exceeding the value of the property prior to the damage. The value of lost,
stolen, damaged or destroyed property shall be its fair market value on the date it is lost, stolen, damaged or destroyed.
REINSTATEMENT RIGHTS: If you fail to pay any rental payments when due, you have a right to reinstate this agreement without losing any rights or options you previously acquired under this agreement. If we have not yet requested the return of the property and the property has not been returned to us, then you may reinstate this agreement by paying to us all rental payments and late charges then due. If the property has been returned to us, then you may reinstate this agreement only if: (a) you returned the property to us prior to or promptly following our request for return of the property; (b) no more than 60 days elapsed since the date you returned the property to us; (c) you pay to us all rental payments and late charges then due, a reinstatement charge of $5.00 is required. If this agreement is terminated by us for any reason other than your failure to make a rental payment when due, you have the right to reinstate this agreement.
RENEWAL OPTION: You are not obliged to renew this agreement. If you have complied with all of the terms of this agreement, you may renew this agreement for an additional monthly rental period by sending or delivering to us the monthly rental payment before the end of the preceding rental period. If you fail to make any payment when due, we have the right to terminate this agreement and retake
possession of the property.
FORBIDDEN ACTS: You agree that, until you own the property, you will not sell, sublease, mortgage, pawn, pledge, encumber or
otherwise dispose of the property. You may not move the property from your address or your child’s school address without our prior or written consent.
TITLE TO PROPERTY: We are and shall remain the owner of the property at all times until you have paid all amounts necessary to acquire ownership of the property or you have exercised your early purchase option. If you do not renew this agreement, or if this agreement is terminated, we have the right to take possession of the property. You agree to make the property available to us without delay and to
permit us to retake possession of the property, including the right to pick up the instrument from your child’s school.
LOCATION OF PROPERTY: You agree to keep the property in your possession and at your address or at your child’s school address at all times this agreement is in effect. You may move the property from your address only after receiving written consent from us.
OPTIONAL INSURANCE: The purchase of insurance is not required as a condition of the rental of the property by you under this
agreement. If you elect to buy insurance for the property, you may buy the insurance through anyone else you may choose.
TERMINATION: You may terminate this agreement by returning the property to us. Unless we tell you another address in a letter we send to you, you must return the property to our store located at 5501 US Hwy 30 W, Fort Wayne, Indiana 46818. You must return the property to us in good working order and condition, ordinary wear and tear excepted. You must also pay to us all rental payment, sales tax and other charges due through the date the property is returned to us. We may terminate this agreement without notice if you fail to make any rental payment when due or breach any term of this agreement. If we terminate your agreement, you must promptly return the property to us in good working order and condition, ordinary wear and tear excepted. You must also pay us all rental payments, sales tax and other charges due through the date the property is returned to us.
CREDIT CHECK: You agree to allow Sweetwater Band & Orchestra to perform a credit check at their discretion.
MISCELLANEOUS: All amendments or changes to this agreement must be in writing and signed by you and us. We may sell, transfer or assign this agreement. You may not sell assign, sublease or otherwise transfer any of your rights under this agreement.
By accepting below, you agree to the terms of this agreement and acknowledge that you
have read and fully understand the terms of this agreement. You also acknowledge that you are financially responsible for all payments due.