1. Ownership: The instrument described for your rental is owned by BERTRAND’S MUSIC and is rented to the undersigned, who is fully responsible for same, (including damage or loss not covered) until instrument is returned to a BERTRAND’S MUSIC store location above. This is not a Contract of Sale or Rent-to-Own Agreement.
2. Payments & Fees: I, the Renter, agree to allow BERTRAND’S MUSIC to charge my credit card on this rental agreement for all rental payments, late charges, collection fees, theft or loss.
• This Agreement becomes a month-to-month rental after the initial prepayment period which is when the next payment is due.
• All rental payments must be on time. It is the renter’s responsibility to make sure that the credit card is valid and monthly rent can be charged.
• A $25.00 charge will be made on all returned checks. A late charge of 10% will be assessed on all past due amounts over 10 days.
• Delinquent Rental Accounts are subject to collection of past due amounts, late fees, collection costs and fees, and reimbursement to BERTRAND’S MUSIC for the entire retail value of the rental instrument.
• If the account is not brought current within 30 days of the due date, the instrument must be returned.
• Failure to return the instrument within 30 days will result in the account being sent to collections and forfeit of any earned credits.
• Renter is responsible for a $17.00 Cleaning, and Sanitation Fee when instrument is returned and rental agreement is terminated.
3. AUTOMATIC DEDUCTION: Monthly rent and applicable maintenance will be automatically charged, to the card listed on file:
Renter authorizes BERTRAND’S MUSIC to make an automatic deduction from the credit card on file for the monthly rent and monthly “POM” maintenance fees, if elected, beginning on todays date. I further permit BERTRAND’S MUSIC to amend the expiration date of my credit card to match the new expiration date each time my credit card is renewed.
4. Change of Billing Contact Information: Renter agrees to immediately notify BERTRAND’S MUSIC of any changes in address, telephone or credit card information associated with this rental agreement within 30 days. Additionally I authorize Bertrand's Music to contact me regarding my account, or to get updated contact information via phone, email and or text.
5. Instrument Pick Up: Renter hereby grant permission to the principal, music teacher and/or the school district to allow BERTRAND’S MUSIC to pick-up the instrument wherever it is located, in the event of default or an instrument being left at a school.
6. Maintenance: Renter is responsible for the care, maintenance and the return of the instrument in similar condition to which it was rented. We allow for normal wear and tear which is solely determined by BERTRAND’S MUSIC. The renter will be responsible for loss or damage done to the instrument regardless of cause or fault, unless Renter chooses the “Peace of Mind” (POM) Maintenance program outlined below in item 7.
7. “Peace of Mind” (POM) Maintenance Program: Renter liability will be waived for a monthly maintenance fee for stolen or damaged instruments, under the following conditions:
• I agree to pay a monthly POM Maintenance Fee of $<>.
• Account is current at the time of the claim.
• A police report is filed within 5 days and submitted to BERTRAND’S MUSIC within 30 days, from when the instrument is lost or stolen.
•If the instrument is accidentally damaged and there are no signs of malicious intent, which will be determined by BERTRAND’S MUSIC,
we will repair the instrument at no charge to the renter.
•Daily cleaning and sanitization is not covered in the POM Maintenance program.
7a. If Renter DECLINED the “POM” Maintenance Program: By declining, Renter is responsible for any maintenance, repairs damage or theft that may occur to the instrument.
8. Failure to Pay or Return: If Renter fails to make scheduled payments or return instrument to BERTRAND’S MUSIC, it will be considered a violation of California law, and the Renter may be subject to additional costs. BERTRAND’S MUSIC has the right to recover reasonable legal fees brought on by any litigation over this contract. Any legal proceedings or action relating to contract shall take place in state or federal court in the County of San Diego, CA.
9. Changes to Contract Terms: Any changes to the terms of this contract must be done in writing and signed by the Renter and an authorized representative of BERTRAND’S MUSIC. No oral agreements will be honored.
Purchase Option Of A New Instrument
Renter has the right to purchase a NEW INSTRUMENT under the following discounts, conditions and schedule: Please see handout
I, as the Renter, do hereby acknowledge that I have read this agreement completely; I understand it fully and will comply with all terms and conditions.