Rental Agreement Terms & Conditions

This certifies that as of this date, I (Renter) have rented an instrument from Ellis Music Company, Inc. (EMCO). Date and instrument specifications are listed on this Agreement. I have the privilege of retaining the instrument as long as the monthly rental rate plus applicable sales tax is paid to EMCO in advance of the due date. Rent will be charged monthly, commencing on the date the instrument is received, as indicated on this Agreement, until the instrument is returned to EMCO. Rent shall be paid without demand from EMCO. A monthly statement will not be sent. If a rental payment coupon sheet is used for making monthly payments, completion of the rental payment coupons does not constitute ownership of the instrument or termination of the responsibility to pay rent.

Return Policy: I am solely responsible for the instrument until it is returned to EMCO. Instruments returned after the rental due date will be charged a full month's rent. The instrument may be returned to EMCO during store operating hours or mailed by U.S. Postal Service, UPS, or FedEx after notifying EMCO. In some schools, the instrument may be returned to the music teacher, while school is in session, as a convenience to me; however, the Renter must notify EMCO directly and receive return instructions prior to utilizing this return option. I further understand that the teacher is not responsible for said instrument. At the time of return there must be a note in the case stating Renter's name, school, and date returned.

Purchase Option: EMCO agrees to apply all of the first nine months rent paid plus two-thirds of all rent paid thereafter toward the purchase of any instrument of equal or greater value (excluding keyboards and pianos) that may be purchased from EMCO by Renter for the student named on this Agreement. This purchase option expires three months after the return date of the instrument. It is less expensive to purchase than to rent for a long period of time, and you may elect to purchase at any time. Contact EMCO for information on purchase plans. There is no obligation to purchase.

Past Due Account Policy: A late fee of $5.00 will be added to any monthly rental charge that is 30 days past due. In the event that rental payments fall 30 days behind, EMCO reserves the right to charge the credit/debit card provided to secure this Agreement. I understand and authorize that if the monthly rental fee becomes past due beyond 60 days and the instrument is not returned to EMCO premises, then the above purchase option is void and may be reinstated only by permission of EMCO. If I fail to comply with any of the terms of this Agreement, EMCO may retake possession of the instrument at any time. If it is necessary to take actions in order to collect past due rent or to retake possession of the instrument, I understand that I will be responsible for all costs, interest and attorney's fees associated with such action. My signature on this Rental Agreement constitutes my full knowledge and consent in this matter.

NOTICE

FAILURE TO RETURN THE RENTAL PROPERTY WITHIN SEVENTY-TWO HOURS AFTER DELIVERY TO YOU OF NOTICE TO RETURN, OR WITHIN FIFTEEN DAYS AFTER THIS AGREEMENT HAS EXPIRED OR THE PRESENTING OF FALSE, FICTITIOUS OR MISLEADING IDENTIFICATION MAY BE CONSIDERED AS EVIDENCE OF AN INTENTION TO COMMIT LARCENY. (Added 1969, No. 165 (Adj. Sess.); amended 1971, No. 199 (Adj. Sess.), § 15; 1995, No. 181 (Adj. Sess.), § 24; 2005, No. 156 (Adj. Sess.), § 7.)

Failure to comply with the terms of this Agreement concerning return of a rental instrument shall be considered theft, pursuant to Vermont Statutes Title 13, Chapter 57, § 2591 and New Hampshire Title LXII Criminal Code, Chapter 637, Sections 637:9 and 637:11, and may result in criminal penalties.

Autopay: If I rent online or elect to use the autopay option, I am authorizing EMCO to charge my monthly instrument rent to the credit/debit card provided to secure this Rental Agreement. The card will continue to be charged until the instrument is purchased or returned to EMCO. If my credit/debit card information changes (i.e. expiration date, etc.), I will notify EMCO.

Liability: In case of damage to the instrument by misuse or any cause whatsoever, except ordinary wear from careful use, I agree to pay for EMCO to repair such damage. In case of destruction from any cause, I agree to pay the purchase price as stated.

Repair and Replacement Plan (optional): All new instruments rented or sold by EMCO carry a one-year manufacturer's warranty against defects from faulty materials or workmanship. In addition to this warranty, EMCO -- for a one-time charge paid when the instrument is rented -- will cover the Renter against fire, theft and damage to any new or used instrument while it is being rented, subject to the following terms and conditions:

• An instrument totally destroyed by fire or other accident occurring, not through the fault of the Renter, will be replaced by EMCO with an instrument of similar or equal brand, age and condition, as determined by EMCO. EMCO may require reasonable proof of any such loss or destruction. EMCO will replace a stolen instrument provided that the Renter reports the theft to law enforcement authorities, school authorities and EMCO within 48 hours after discovery of theft and completes required paperwork.
• If the instrument becomes damaged or deteriorates in performance (with the exception of intentional destruction and/or defacement of the instrument), EMCO will repair and regulate it to proper playing condition without charge. This paragraph does not apply to deterioration of appearance that does not affect the performance of the instrument, such as scratches, minor dents and finish blemishes. Broken woodwind mouthpieces may be replaced at EMCO's discretion. Specifically excluded from coverage are drum heads, drum sticks, strings, reeds, straps, swabs and lubricants.
• Any claim for repair or replacement shall not be construed to alter or diminish any terms of this Agreement. The Repair and Replacement Plan will become void if the Renter defaults in any rental payment by more than 30 days and may be reinstated only by permission of EMCO.
• All repairs and replacements for which claims are made under this coverage must be made by EMCO. No repairs or replacements done by others will be honored.

Any change of address must be reported to EMCO prior to said change. It is illegal to remove rental property from the state in which the instrument was rented without the consent of EMCO. I agree and declare that no part of this Agreement is to be construed as a sale of the instrument. Oral agreements are not valid.