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

THIS PERTAINS ONLY TO FRACTIONAL-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.  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: Customer hereby RENTS (no option of purchase is made or implied) 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) exchange the rented instrument(s) at any time for another instrument in our “Rent Only Rental Pool” without interruption of this agreement.  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) at all times 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.

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 the item rented under this agreement 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 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. 

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 or structural damage.

ORCHESTRAL INSTRUMENT CREDIT:  If you are renting a fractional size Violin, Viola, Cello or Upright Bass, you may exchange your instrument for another fractional size orchestral instrument without interruption of this agreement.  A credit of UP TO 50% of all on-time rental payments received (excluding payments made under the “R&M” coverage) will be allowed toward the ownership of any full size Violin, Viola, Cello or Upright Bass that we offer for sale.  The allowed credit will be limited to no more than one-half (1/2) of the final discounted settlement price on the orchestral instrument to be purchased.  This credit may only be applied towards ownership of another orchestral instrument and is good for the first 60 days following the return of the instrument rented under this Agreement.

EXCHANGE:  You may exchange your fractional size rental instrument for another fractional size rental instrument at any time without interruption of this agreement.  You may visit our store or call us to arrange this exchange.  If you direct us to exchange instruments via our road rep at your child's school, it is your responsibility to see that the originally rented instrument is available for us to pick up at the time when we bring the instrument to exchange.

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 and you later decide to return your rented items, your deposit will be refunded to you at the time of the return less any rental payments in arrearage as well as any damages that may have occurred to your instrument over and 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 that originate 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.

 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 RENTAL AGREEMENT TERMS AND CONDITIONS