Musical Instrument Rental Agreement...Easy As 1, 2, 3!
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
IQInstrumentRentals.com
Equipment Rental Agreement Terms and
Conditions
1. Introductory Offer AgreementThis Introductory Offer Agreement is limited to students renting student level instruments.
2. Rental Purchase OptionAll rental monies can be applied to the purchase of the instrument (unless the account goes into default). All fees are to be paid in advance. There is no prepayment penalty. Renter can purchase the instrument at any time. The instrument purchase price can be determined by taking the "Lease Purchase Price" and subtracting the "Base Rent x months paid." Sales tax will then be added.
3. ReturnsThis is a month-to month equipment rental agreement.
The renter may return the instrument to IQInstrumentRentals.com and/or its Agent at any time at their expense. This agreement will be ended, provided all fees have been paid up to and including the date of return. The deposit will be returned minus any necessary repairs and/or past due amounts owed on the account. No refund of rent money will be made if the instrument is returned, as all money received shall be considered rent until full payment is made. NO OTHER PARTY IS PERMITTED TO ACCEPT THE RETURN OF THE INSTRUMENT. THE INSTRUMENT MUST BE RETURNED TO IQInstrumentRentals.com OR ITS AGENT ONLY.
RETURN POLICY
√ You may return the rental instrument at any time.
√ All agreements are based on a month-to-month contract.
√ You must return the instrument BEFORE the recurring billing due date. Packages received on or after the recurring billing due date will be charged an additional month's rent.
√ You must return the instrument to the following address at your expense:
IQInstrumentRentals.com LLC
C/O Terry Rowlyk
416 Thayer St
Ridley Park, PA 19078
√ IF YOU RETURN THE INSTRUMENT TO A DIFFERENT ADDRESS, YOU WILL BE HELD ACCOUNTABLE FOR THE RETURN OF THE INSTRUMENT TO OUR OFFICES.
√ IF YOU RENT THE INSTRUMENT FOR ONE MONTH OR LESS, YOU WILL BE RESPONSIBLE FOR REIMBURSING IQINSTRUMENTRENTALS.COM THE INITIAL SHIPPING COSTS.
√ DO provide us with a tracking number or delivery confirmation number.
√DO NOT use the required signature option. If the package needs to be rerouted, the customer will be charged the rerouting fee.
√ Upon receipt, an inspection will be performed. If there are any repairs needed, the repairs will be paid from the deposited amount on file.
4. Responsibility for Loss, Damage, or MaintenanceRenter is responsible and liable for all costs incurred by IQInstrumentRentals.com in the event of repair, loss, or damage to rented equipment. No insurance is provided by IQInstrumentRentals.com for adjustments, repairs, and general cleaning. A minimum $20 repurpose fee will be charged for all returned instruments.
√ Payment of the deposit will be refunded within 30 days after account settlement. A minimum $25 repurpose fee will be charged for all returned instruments.
√ Payment of the deposit will be refunded within 30 days after account settlement.
5. Title
IQInstrumentRentals.com is to retain full title and ownership of equipment until full payment has been made and Renter agrees not to sell, sublease, mortgage, pawn, pledge, encumber, or otherwise dispose of equipment until all payments stated in this contract have been made. This contract may be assigned to IQInstrumentRentals.com. This agreement and/or equipment is not transferable by Renter.
6. Late ChargeRents are collected via credit card on the customer's individual recurring billing period every month. The recurring billing date is established on the day that the client makes the agreement. If any rental payment is not received within 5 days after its due date, Renter shall pay a late charge of $10.00 for each installment that becomes delinquent.
7. DefaultA. IQInstrumentRentals.com can declare an "event of default" of this agreement if (i) Renter fails to pay a scheduled rental payment and late charge within 10 days after the due date of the rental payment, (ii) Renter breaches a promise/obligation under this agreement, (iii) Renter filed misleading or inaccurate information on this agreement, or (iv) anything happens that IQInstrumentRentals.com feels endangers the equipment in the Renter’s possession.
B. If IQInstrumentRentals.com declares an "event of default," IQInstrumentRentals.com shall be entitled to charge the Renter the entire purchase price of the instrument, past due rent, and all late fees, and may repossess the equipment in accordance with State and Federal Law. If IQInstrumentRentals.com does take possession of the equipment, it is agreed that this contract shall end, and the renter shall have no further responsibility for further payments, but shall remain liable for past due payments, late charges, and for any loss or damage which may have occurred to the equipment. Renter is also liable for any reasonable attorney and/or collection fees and all related costs necessary to remit the entire balance to IQInstrumentRentals.com and/or recover the equipment.
C. If IQInstrumentRentals.com declares an "event of default," the equipment must be returned to IQInstrumentRentals.com within 24 hours (weekends and holidays excluded) or equipment will be subject to repossession. Failure to return rented equipment to IQInstrumentRentals.com and/or Agent at their request in the event of default, may, under the laws of this state, constitute theft which is a felony punishable by fine or imprisonment.
8. Credit Card AuthorizationIf Renter is more than ten (10) days late in paying any sums due under this agreement, Renter hereby authorizes IQInstrumentRentals.com to submit a credit card voucher in Renter’s name for payment of any sums due under this agreement, to include remaining balance of purchase price less credit for previous rent paid, should equipment not be returned to IQInstrumentRentals.com or Agent upon demand.
9. ReinstatementRenter who fails to make timely rental payments has the right to reinstate the original equipment rental agreement without losing any rights or options previously acquired under the equipment rental agreement if the Renter promptly surrenders the equipment to either IQInstrumentRentals.com or Agent upon request. Renter may request reinstatement. Before Reinstatement, it is necessary to pay all rental payments, and a delivery charge, if any. If at time of reinstatement, the original equipment is not available, equipment of equal quality will be substituted.
10. Credit Report AuthorizationRenter authorizes IQInstrumentRentals.com to obtain a personal credit report. Renter authorizes IQInstrumentRentals.com to contact spouse, student, and/or nearest relative regarding this agreement if past due. If paid, the security deposit (if any) will be returned to renter within thirty days less any deductions for excessive damage, missing items, past-due rent, and/or late fees.
11. Hygienic Condition of Rental EquipmentRenter agrees not to hold IQInstrumentRentals.com and/or Agent responsible for the hygienic condition of rental equipment (including mouthpiece).
12. Responsibility for Loss, Damage, or MaintenanceRenter is responsible and liable for all costs incurred by IQInstrumentRentals.com in the event of loss or damage to rented equipment for other than ordinary wear and tear. In the event of loss or theft of rented equipment, Renter will pay the Lease Purchase Price, plus tax, less any applicable rent payments to IQInstrumentRentals.com upon demand. Such liability will not exceed the Leased Purchase Price of the property at the time it is lost or damaged. No insurance is provided by IQInstrumentRentals.com for adjustments and repairs and general cleaning. A security deposit equal to three (3) month's rent is required from the Renter.
13. Entire Agreement/ Time is of the EssenceThis rental agreement constitutes the entire agreement between Renter and IQInstrumentRentals.com, and shall not be amended, altered, or changed except by written agreement signed by the parties hereto. Time is of the essence. All payments are due and equipment returnable to IQInstrumentRentals.com and/or Agent.
14. AutoPayPayment will only be accepted by AutoPay. Renter authorizes the automatic debiting of the credit card shown on the front for monthly payments under this agreement.
15. NoticeYou are renting this property. You will not own it until you make all of the regularly scheduled payments, or you use the early purchase option. You do not have the right to keep the property if you do not make the required payments, or do not use the early purchase option. Subject to your grace periods and reinstatement rights, the lessor (IQInstrumentRentals.com and/or Agent) may repossess the property if you fail to make rental payments as scheduled. Your rights and responsibilities are fully explained in this equipment rental agreement.
16. Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of IQInstrumentRentals.com, a division of InstrumentQuote.com LLC. The collective work includes works that are licensed to IQInstrumentRentals.com, a division of InstrumentQuote.com LLC. Copyright 2009, IQInstrumentRentals.com, a division of InstrumentQuote.com LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, or purchasing IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, or to purchase IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by IQInstrumentRentals.com, a division of InstrumentQuote.com LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
17. Trademarks
All trademarks, service marks and trade names of IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, used in the site are trademarks or registered trademarks of IQInstrumentRentals.com, a division of InstrumentQuote.com LLC
18. Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
19. Limitation of Liability
IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
20. Typographical Errors
In the event that a IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, product is mistakenly listed at an incorrect price, IQInstrumentRentals.com, a division of InstrumentQuote.com, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, shall issue a credit to your credit card account in the amount of the incorrect price.
21. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
22. Notice
IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to IQInstrumentRentals.com, a division of InstrumentQuote.com LLC.
23. Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, products) shall be in the state or federal courts located in Gloucester County, New Jersey. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, products) must be commenced within one (1) year after the claim or cause of action arises. IQInstrumentRentals.com's, a division of InstrumentQuote.com LLC, failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, may assign its rights and duties under this Agreement to any party at any time without notice to you.
24. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
25. Participation Disclaimer
IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, in its sole discretion.
26. Indemnification
You agree to indemnify, defend, and hold harmless IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
27. Third-Party Links
In an attempt to provide increased value to our visitors, IQInstrumentRentals.com, a division of InstrumentQuote.com LLC may link to sites operated by third parties. However, even if the third party is affiliated with IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, IQInstrumentRentals.com, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of IQInstrumentRentals.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, IQInstrumentRentals.com, a division of InstrumentQuote.com LLC, seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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