TERMS & CONDITIONS OF RENTAL AGREEMENT WITH OPTION TO PURCHASE WITH FULLER MUSIC HOUSE, INC. (HEREINAFTER FULLER'S MUSIC)

Pertains to all Band Instruments and Full-Size Orchestra Instruments

ONLINE RENTAL APPLICATION:  By submitting this rental application online, you agree to receive certain information electronically.  This may include your copy of our Rental Agreement With Option To Purchase.  You may request a paper copy of our agreement by submitting a note in the "Additional Comments" box above with your online application or by calling us at 252 638-2811 during business hours.  Your consent to receive electronic communications applies to the rental agreement and any information displayed during this application.  Future notices about your rental, including billing statements, late notices, account change information or other forms of necessary communication will be sent to the mailing address you entered.  It is your responsibility to notify us of any change of address. To access rental information or make an application online will require a computer with internet access and an Internet Browser.  To receive electronic transmissions back from us will require you to have an internet connection, a valid e-mail account and Adobe Acrobat Reader software.  You can download this free software by going to www.adobe.com.  In order to print out copies of our electronic submissions you will need a printer or the ability to download this information.

MONTHLY RENTAL: You, the customer hereby RENTS the musical instrument(s)/equipment described on this agreement on an on-going month-to-month rental basis.  Customer has the option to: (1) terminate this agreement at any time, or, (2) purchase the rented instrument(s) at any time. To remain in good standing, rental payments must be made each month on or before the date due of our agreement. The first monthly rental payment following the initial month's rental will be due between 15 to 45 days of the effective date of the agreement subject to the due date you select.  Title to the items rented remains with Fuller Music House, Inc. (hereinafter Fuller’s Music) until the purchase of same is finalized and renter agrees not to encumber the instrument(s) rented under this agreement in any Bankruptcy or other legal proceeding.   

LATE FEE: A late fee of $5 per month will be accessed on any rental payment that is 15 days or more delinquent.  This $5 per month late fee will continue to be added to each month's rental payment that is more than 15 days delinquent.

APPLICATION OF PAYMENTS:  Payments will be applied first to any returned check charges, late fees and/or any other charges and then to rental payments.  Payments will be applied to past due rental payments first and then to currently due payments.

EFFECTIVE DATE: This agreement will become effective as of the date that you or your student takes possession of the items rented.  This may be through your music instructor at your child’s school as per the teacher’s instructions.

TERMINATION OF THIS AGREEMENT:  If you choose to terminate this rental agreement your rental obligation will not stop until your rental instrument is back in the possession of Fuller’s Music.  Leaving your rented instrument with your music teacher or at your child’s school with the intent of our picking it up does not constitute possession of the instrument by us until it is actually in the possession of one of our employees or assigned agents.  The Renter assumes full responsibility for the instrument in this circumstance.  You may return it directly to our store in person or return it to one of our road reps in person. You may have it shipped directly back to us (2310 Trent Rd, New Bern, NC 28562) but it is not considered officially back in our possession until delivered and signed for at our place of business.  You are responsible for the safe return of the instrument(s) plus all non-consumable accessories that were with the instrument when it was issued and you will be responsible for any damages to the rented items over and above normal wear and tear.  You will forfeit all rental payments made if you terminate this agreement prior to the final rental payment.  Once your student has taken possession of the rental instrument, your initial month's rental is non-refundable.

STANDARDS OF NORMAL WEAR AND TEAR:  We expect "normal wear and tear" usage of the rented instrument while in your possession.  Our standard for assessing normal wear and use is that the instrument be returned in satisfactory playing condition with no significant cosmetic damage.

OPTION TO PURCHASE:  You may purchase the rented items in two ways: (1) you may continue making monthly rental payments until the full course of rental payments for this agreement has been completed and the rental monies paid including any deposits received equals the “Contract Price” associated with this instrument, or, (2) you may pay-off this agreement at any time before the final rental payment date due and take advantage of our Early Pay-Off Savings.

EARLY PAY-OFF SAVINGS:  Customer is entitled to a 25% discount off of the remaining balance due (difference between any monies received and the “Contract Price”) at the time of settlement.  Please call first to confirm this pay-off figure.  There is no penalty for early pay-off.

EXCHANGE:  If you decide to exchange your rented instrument, all rental monies paid in the first six (6) months on the original instrument will be credited towards the eventual ownership of the replacement instrument. 

RENTER’S RESPONSIBILITIES: Customer assumes full responsibility to see that (1) rental payments are timely made whether the instrument was in use or not; (2) rental payments will continue to be made even if any of the rented items incur loss or damage except as benefits from the optional “Replacement and Maintenance Agreement” may allow; (3) the rented items are not relocated from the present county of residence without prior permission from Fuller’s Music; (4) Fuller’s Music be notified immediately of any change of name, phone number and/or address; and, (5) the rented items are not assigned or loaned to any other person or entity without prior consent of Fuller’s Music.  Renter assumes all risks of the use of the instrument(s) and Fuller’s Music shall not be liable for any direct, indirect, incidental or consequential damages that may arise from the use of the instrument(s).

RENTER’S DEFAULTS:  Should two or more rental payments become delinquent, your rental agreement shall be declared to be in default.  Fuller’s Music shall have the right to cancel this agreement and to pick up the rented items from wherever they may be discovered.  Renter may reinstate this agreement by paying all rental monies in arrearage plus any currently due rental payments.  In the event of any action to enforce any of the terms and conditions in this agreement, Fuller’s Music shall be entitled to recover reasonable attorney’s fees plus other associated costs.  Fuller’s Music or its agents may use contact information you provided in case of default.

SECURITY DEPOSIT:  If you make a security deposit, this amount will be credited towards your settlement when you finalize your purchase.  If you decide to return your rented items and not to purchase them, your deposit will be refunded to you at the time of the return less any rental payments in arrearage at the time of the return as well as any damages that may have occurred to your instrument above ordinary wear and tear.

REPLACEMENT & MAINTENANCE AGREEMENT:  For an optional additional monthly fee (quoted on the  rental request page of this site), Fuller’s Music agrees to provide replacement coverage for your rented instrument(s) as well as cover any charges for minor repairs that may be necessary due to normal and routine use of your instrument as long as your student performs the standard care and maintenance routines that the instrument normally requires and does not abuse or mistreat the instrument(s).  If your rented instrument(s) are involved in a loss by fire or theft as verified by a copy of a police report, we will provide at no charge a replacement instrument(s) of like value and condition to what you had at the time of the loss.  Not covered under this agreement are dents or cracks, restoration of finish, major repadding of woodwinds, major overhaul, strings, mouthpieces, drum heads, drum sticks and/or any other accessories provided with the instrument.  Routine cleaning and maintenance of the instrument is considered the responsibility of the Renter.  This coverage is provided on a month-to-month basis as you make your rental payments—FAILURE TO KEEP YOUR ACCOUNT CURRENT WILL CAUSE IMMEDIATE FORFEITURE OF THIS COVERAGE.  You may reinstate this coverage by bringing your account back up to date, but claims originating during the period of delinquency are not covered.  In the event of replacement, the replacement instrument shall be subject to this same rental agreement as amended to reflect the description of the replacement instrument.  This optional coverage may be cancelled by either party at any time.

EXTENDED MAINTENANCE AGREEMENT Upon the payoff of a rental agreement with an option to purchase, thus transferring ownership of the instrument to the customer, the extended maintenance agreement is initiated. For a monthly fee (quoted on the rental request page of this site), Fuller’s Music agrees to continue to cover any charges for minor repairs that may be necessary due to normal and routine use of your instrument, as long as your student performs the standard care and maintenance routines that the instrument normally requires and does not abuse or mistreat the instrument(s). Not covered under this agreement are dents or cracks, restoration of finish, major repadding of woodwinds, major overhaul, strings, mouthpieces, drumheads, drumsticks and/or any other accessories provided with the instrument.  Routine cleaning and maintenance of the instrument is considered the responsibility of the Renter.  This coverage is provided on a month-to-month basis as you make your extended maintenance payments—FAILURE TO KEEP YOUR ACCOUNT CURRENT WILL CAUSE IMMEDIATE FORFEITURE OF THIS COVERAGE.  You may reinstate this coverage by bringing your account back up to date, but claims originating during the period of delinquency are not covered.  This coverage will continue for 48 months unless canceled.  This coverage can be cancelled at anytime.

Credit or Debit Card Recurring Payment Authorization:

By digitally signing the above agreement, I authorize Fuller Music House Inc. to draft my credit or debit card provided for the monthly rental amounts listed above on the due date selected required by this agreement. If the above noted payment dates fall on a weekend, holiday or any day in which payment execution is not possible, I understand that the payment(s) may be executed on the next business day. I understand that if the above noted payment fails to process, Fuller Music House Inc. will attempt to execute such payment(s) on a weekly cycle, that shall continue until all past due payments are executed. I understand that past due payments may include late fees as clarified in the terms and conditions of this rental agreement. I understand that I have the option to execute payments by methods other than the recurring payment method noted above. I certify that i am an authorized user of the credit or debit card provided and that I will not dispute the payment with my credit or debit card company; provide the transactions correspond to the terms indicated in this agreement. I understand that it is my obligation to notify Fullers Music House Inc. of any changes to the credit or debit card information provided that would cause failure of payment execution. 

          END OF TERMS AND CONDITIONS FOR RENTAL AGREEMENT WITH OPTION TO PURCHASE