Rental Policy
1. These Terms and Conditions, the rental document signed by you, and a return record with computed rental charges together constitute the rental agreement between yourself and Kline Music as identified on the rental document. “Renter" "you” and “your” refer to the person who signs this agreement, “we”, “our” and “us” refer to Kline Music. You rent from us the instrument(s) and equipment described on the rental document, of which rental is solely a bailment for mutual benefit. You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, which case such law controls. You also agree to become legally responsible for the safekeeping of said instrument(s) and equipment; and that full title and ownership of said instrument(s) and equipment will remain with KLINE MUSIC until the rental fees paid equal the full price of the rental instrument(s) and equipment.
2. RENTAL PAYMENTS: Renter agrees to pay Kline Music the first 2 months of rent in advance to cover the cost of rental on the day of initial rental (NOTE: THE FIRST TWO MONTHS RENT IS NON-REFUNDABLE). Renter agrees to have monthly rental fees and applicable taxes auto-deducted in advance of each 1 month rental period. It is understood that all paid applicable taxes and rental fees may be applied toward the purchase of said instrument from Kline Music or another rental instrument of equal or greater value within the first 12 months of this contract (NOTE: RENTAL CREDIT IS NOT APPLICABLE TOWARD SALE or DISCOUNTED INSTRUMENTS). Renter acknowledges that timely payment of rental charges is essential to Kline Music’s business operations and it would be impractical and extremely difficult to fix damages caused by late payment.
3. LATE FEES: Renter and Kline Music agree that a late charge of 10% shall be added to all past-due rental charges 10 days after due date. Renter also agrees that Kline Music reserves the right to charge any past-due balance to the alternate credit card and/or debit card for any amount owed by renter pursuant to this section due to late/past-due payment(s) or rental charges. In the event that the account becomes 30 days delinquent, failure to return instrument(s) and/or equipment—or failure to payment arranges—Kline Music may reclaim rented instrument(s) and/or equipment wherever found—at school or elsewhere—with or without the knowledge of the renter. You also agree to pay reasonable fees if this contract is referred to an attorney or collection agency.4. CHANGES: Any change in this rental agreement or our rights must be in writing and signed by an authorized Kline Music representative. You further agree that we have the right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Kline Music web site. Changes to the Terms and Conditions will be posted as they occur on the Kline Music web site and will govern all rentals even if the terms provided at time of enrollment are different. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Kline Music web site, which date will be indicated therein.
5. INSPECTION OF EQUIPMENT: Kline Music guarantees our rental instruments to be in top playing condition, with each instrument thoroughly cleaned and tested before it leaves our store. Renter agrees to inspect the instrument(s) and equipment prior to taking possession thereof, and to only accept items in good working order. Renter agrees that the person playing said instrument(s) is familiar with the proper operation and use of each instrument and its equipment and/or will obtain appropriate instruction from a qualified educational institution or private music teacher. Renter acknowledges Kline Music is not responsible for any damage to instrument(s) or equipment due to improper use.
6. NORMAL WEAR AND TEAR: Normal wear and tear of the instrument(s) shall mean only the normal deterioration of the instrument(s) caused by ordinary and reasonable use during practices or performances. The following shall not be deemed reasonable wear and tear: damage in the nature of dents, cracks, tears, chips, corrosion or misalignment to or of the instrument(s) or any part thereof; wear resulting from use other than the manner for which instrument was created; and any other damage to the instrument(s) or equipment which is not considered ordinary and reasonable in the musical instrument industry.
7. MAINTENANCE: Kline Music provides FREE maintenance for ordinary wear of said instrument for the first year of this contract. Should the instrument(s) and/or equipment be involved in an accident, become unsafe or require repair, renter should immediately cease using the instrument(s) and/or equipment and immediately notify Kline Music. All repairs must be performed by Kline Music. If such condition is the result of normal operation, Kline Music will repair or replace the instrument(s) and/or equipment with reasonably similar items in working order, if such replacement items are available. Kline Music has no obligation to repair or replace instrument(s) and/or equipment rendered inoperable by misuse, abuse, or neglect.
8. LOSS OR DESTRUCTION: Renter shall be liable for all damages to or loss of the instrument(s) and included equipment from the time items leave the rental location until instrument(s) and equipment is returned to our store location, including any damage during transit. In the case of the loss or destruction of the instrument and/or included equipment, inability or failure to return items to Kline Music for any reason whatsoever, you agree pay Kline Music the full replacement value of the items together with the full retail rate as specified until such items are replaced. If the instrument(s) and/or equipment is returned in a damaged or excessively worn condition, renter is responsible for the reasonable cost of repair and rental fees incurred on the instrument(s) until all repairs have been completed. Renter agrees that Kline Music reserves the right to charge the credit and/or debit card on renter's account for any amount owed by renter pursuant to this section due to damaged or lost equipment.
9. RETURNS: Renter is able to return rented instrument(s) and/or equipment at any point during the rental period, making note that the initial 2 months are non-refundable. All equipment must be returned to the Kline Music store location during regular business hours and is to be in the same condition as when received by renter, subject to normal wear and tear, as defined below. The instrument(s) must be returned to the agreed return location as specified on the rental document. If instrument(s) needs to be returned at a location other than the store location, Kline Music will notify you prior to pick up date by written notice, in paper or electronic form. If you return the instrument(s) to a different location other than the agreed return location without our permission, you agree to pay the monthly rental fee until said instrument(s) is returned to our store location.
10. COLLECTIONS: Should you default on any payment, Kline Music reserves the right to reclaim this instrument and all amounts due to us under this agreement, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the instrument(s) and/or equipment including, without limitation, payment for loss of or damage to the instrument(s) and/or equipment, rental charges, and collections fees. We will take the following actions: repossess the instrument(s) and/or equipment at any time in our sole discretion for reasons that include, but are not limited to the following: delinquent payments, being used in a manner that violates the law or the terms of this agreement, or appears to be abandoned. You agree that we needn’t notify you in advance. If the rental is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the instrument(s). You agree that such costs can be charged to the card you used to rent the instrument(s).Rent is taxable.
AUTHORITY TO SIGN. Any individual agreeing to this Rental Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this Rental Agreement on behalf of Customer.