Rental & Loaner Contact - Irvine Art and Music


 Terms and Conditions Rentals and Loaners

Rental Lease Term and Options

  1. The initial rental period for the Instrument is for 3 months or 9 months.  The initial rental period will be automatically extended on a month-to-month basis until expressly terminated or the instrument is returned.
  2. At the time the Instrument is released for rent, payment for the initial three months must be made in full (once paid, this is non-refundable).
  3. At the end of your initial three months, you have 1 of 4 options:
  1. (Terminate) Terminate at any time by returning the Instrument to our store.  If you return the Instrument after the monthly payment date, this charge will not be refunded.
  2. (Continue to rent) Continue to rent beyond the Minimum Term.  This is the default position and your credit card on file will continue to be charged on the same day each month.
  3. (Exchange) Exchange for another instrument in accordance with paragraphs 4 through to 6 below.
  4. (Rent-to-buy) Buy out the instrument in accordance with paragraphs 7 through to 9 below.

Rental Exchange

  1. Exchanges may only be made for instruments of an equal or greater value at the time of exchange.    
  2. Exchanges may only be made for the same class level of instruments such as (i) student (ii) intermediate, or (iii) professional.  Under no circumstances may exchanges be made across different instrument class levels.
  3. We will waive any administrative charges for instrument exchanges.  However, rental rates current and in effect at the time of exchange will apply.

Rental Rent-To-Buy Program

  1. You must OPT-IN to our rent-to-buy program by notifying us in writing.
  2. Our Rent-To-Buy Program allows you to buy the Instrument at the expiration of the initial 3 month rental.  
  3. The “Buy-Out Amount” will be based on the retail price of the Instrument at time the Instrument is purchased (not from the date the rental commenced).
  4. In calculating the Buy-Out Amount, we will apply any paid-in rent credits against the Buy-Out Amount as follows:
  1. Up to a maximum of 6 months for any (i) tenor saxophone (ii) acoustic, electric, classical and bass guitars, and (ii) digital pianos;
  2. Up to a maximum of 9 months for any (i) flute (ii) clarinet (iii) trumpet (iv) alto saxophone (v) trombone (vi) violin (vii) viola and (viii) cello.

Rental Payment Terms

  1. All rent payments are non-refundable.  By signing this agreement, you agree and understand you irrevocably waive any rights to seek or claim any refund of payments made under this agreement.
  2. You agree to pay the monthly rental amount and any other permitted charges (including any repairs costs).
  3. All rent payments are unconditional whether or not the Instrument is used.  If the Instrument is in repair, rent payments will still need to be made (there is no rent holiday for the time your Instrument is in repair).
  4. The monthly rental payment will be automatically deducted from your nominated credit card.  If payment is not made within one week of each due date, a late fee of $30 will be applied to your account for each overdue monthly payment.
  5. All accrued rental fees and late charges will be immediately due and payable at the time the Instrument is returned to us.
  6. At return, Irvine Art & Music, Inc. reserves the right to charge additional costs to cover repairs or damages to the Instrument in order to bring the Instrument to its original rental condition, fair wear and tear excepted.  

 

Rental Termination

  1. You can terminate this agreement at any time by returning the Instrument to us at our store (our address is at the top of this agreement).  If you return the Instrument within the first 3 months, we will not refund you the initial 3 months rent.

Rental Care and maintenance of your Instrument

  1. You are responsible for the on-going care and maintenance of your Instrument to ensure it is in good working condition during the term of this agreement.  Maintenance refers to routine and basic cleaning of your Instrument and any parts.
  2. You are automatically enrolled in our care and maintenance service, we provide a paid for Repair and Care Program, the terms of which are further described in paragraphs 20 through to 22 below.

Rental Our Repair and Care Program

  1. For the Monthly Repair and Care Program Fee, our Repair and Care Program will cover you for up to $500 worth of bodily damages or repairs to the Instrument itself.
  2. Our Repair and Care Program will NOT cover you for:
  1. Parts or accessories for the Instrument such as strings, mouthpieces, mouthpiece cover, end cap, cases, ligature, bows, Pickups, Volume Knobs, Whammy Bar, and Icaps
  2. Cleaning or sanitizing of your Instrument or Parts;
  3. Lost or stolen Instruments or parts;
  4. or digital pianos or keyboards.
  1. For damaged instruments or parts, the Repair and Care Program will only cover up to a total of $500 retail value of the instrument.  The rest will be paid out of pocket in order to close the rental account.
  2. The $500 coverage cap is the maximum total amount that can be made under any and all claims during the entire life of this rental agreement.

Rental Lost or Stolen Instruments or Parts

  1. If the Instrument or Part is lost or stolen, with or without fault, you will need to pay the full value of the Instrument in accordance with the terms of this agreement.

Rental Damaged Instruments or Parts

  1. Any damages to the Instrument or Parts must be returned to us at the address at the top of the agreement for repair.  
  2. If you use another repairer other than us, you will still be required to return the same Instrument along with any parts (all parts returned must be the same brand as the original part so replaced).  For example, if you, your teacher or any other person changes a violin string, it must be the same brand as the original strings.  If you are unsure, please check with us.
  3. If the Instrument or Parts is damaged beyond repair, this agreement will be terminated in accordance with its terms and the following will apply:
  1. full value of Instrument payout will be calculated;
  2. and any credits be applied to your account including any Repair and Care program privileges.
  1. Loan instruments may be provided based on availability and for a fee (unless this is covered under your Repair and Care Program).
  2. Instruments and/or parts damaged or broken beyond repair are required to be returned to Irvine Art & Music.

Rental Return of Instrument

  1. The condition of the rental instrument at return will be determined at the sole discretion of Irvine Art & Music Staff.
  2. At return, Irvine Art & Music, Inc. reserves the right to charge additional costs to cover repairs or damages to the Instrument in order to bring the Instrument to its original rental condition, fair wear and tear excepted.  
  3. At return, all necessary repairs to the Instrument or any Parts must be authorized and approved by Irvine Art & Music Center.  
  4. If Instrument accessories (such as strings, mouthpieces, instrument parts, or bows) are not returned at the same time as the Instrument, you will need to pay the replacement value for these accessories in return.
  5. If any part returned to us is not the original part issued at the beginning of the rental term, you will be charged the replacement cost for that part.
  6. Damages to digital pianos and keyboards will need to be paid for at the full retail value.  We will not be able to repair these items onsite.
  7. If you are uncertain as to how to return your instrument, please call (949-559-3069) or email us (support@irvineartandmusic).
  8. You remain solely responsible for returning your Instrument or any Parts. We are unable to send any reminders.
  9. If you return the Instrument after the monthly payment date, that charge cannot be refunded.

Rental Credit Card Authorization Terms

  1. By providing us with your credit details, you authorize us to charge your credit card on file for any periodic payments and unpaid sums including any applicable overdue penalties and fees. All rental payments will not be prorated or refunded.
  2. You will not receive billing statements.  
  3. It is your responsibility to inform us of any changes to your home address and credit card details. You authorize us to receive updated credit card information including a new number or expiration date from the credit card issuer. You can cancel this authorization at any time by notifying us. You authorize us to charge any active card on file for any past due amounts.  

Rental Bad Debt and Collections Agencies

  1. If any payments are due and payable yet remain unpaid for more than 30 days, our system automatically turns these overdue accounts to an outside collections agency. Once your account is turned over to a collection agency, we cannot reverse this under our terms with the collections agency.
  2. You remain liable for the overdue amount and all associated costs with the collections efforts.

Loaner Terms and Conditions

The customer specified above is required to pay both the loaner fee and cleaning fee in advance, which are non-refundable under any circumstances. You authorize us to charge any unpaid amounts to your credit card on file, whether or not you are present during the transaction. The loan of the instrument and the validity of this contract will continue until the repairs on the customer’s own instrument are completed. At that point, the customer must return the loaner instrument in the same or similar condition as when it was initially loaned. (The condition of the loaner instrument will be assessed by Irvine Art & Music staff only.) Payments for the loaner instrument are not subject to proration or refunds. If you require guidance on how to return the instrument, please contact us at (949)-559-3069 or email [email protected].

Loaner Payment Terms

A late fee of $20.00 USD will be charged if the loan is unpaid one week past the due date, and every successive week thereafter. All accrued loan fees must be paid in full upon the return of the instrument. Irvine Art & Music reserves the right to seek additional compensation for any damages caused by the customer. (The condition of the loaner instrument will be determined solely by Irvine Art & Music staff.) After your instrument's repairs are completed, you are responsible for picking up the repaired instrument and returning the loaner. A $20 late fee will apply 7 days after notification, and an additional $20 for every subsequent 7-day period.

Loaner Billing and Change of Address or Credit Card

Customers with loaner instruments from Irvine Art and Music will not receive billing statements. It is the customer's responsibility to notify us of any changes to their home address or credit card details. All loan payments are due in advance and are non-refundable. Loaner fees do not depend on practice or lesson schedules, nor time in the repair shop. You authorize us to receive updated credit card information, including new numbers or expiration dates, from your credit card issuer. This authorization can be canceled at any time by notifying us. We are authorized to charge any active card on file for past due payments.

Loaner Liability for Loss or Damage

You are fully responsible for any loss, theft, damage, or destruction of the loaner instrument beyond normal wear and tear, up to the fair market value of the instrument. Irvine Art & Music will not be liable for any loss, theft, or damage to the repaired instrument 2 business days after the repair is completed. All repairs to the loaner instrument must be authorized and approved by Irvine Art & Music. Unauthorized repairs will incur a fee of $25 plus additional costs necessary to restore the instrument to its original working condition.

Loaner Maintenace and Repair

Our standard repair rates apply if the instrument is returned in a damaged state or requires repairs, with charges not exceeding the instrument's fair market value. (The condition of the loaner instrument will be determined solely by Irvine Art & Music staff.)

Loaner Cleaning Fee

A non-negotiable cleaning fee of $10 is automatically incurred when loaning an instrument.

Loaner Credit and Collections

If any payments are overdue by more than 7 days, this agreement may be forwarded to an external collection agency. You will be responsible for all costs associated with such collection efforts. You consent to us or our agents, including debt collectors, contacting you by telephone, text message, or email. This may involve the use of dialers, automatic telephone dialing systems, interactive voice recognition systems, or artificial or prerecorded voices or messages, at any number or email address you have provided or that we have on file (including home, cell, or other service), even if charges apply to the communication. You expressly agree to such automated contact methods.

By signing this agreement, you acknowledge you have read each page and accept all terms and conditions of this agreement.

 

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Document name: Rental & Loaner Contact - Irvine Art and Music
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April 7, 2024 1:46 am PDTRental & Loaner Contact - Irvine Art and Music Uploaded by Howard Chang - [email protected] IP 47.149.8.220
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