Online Rental Terms & Conditions
RENT TO BUY
NOTICE TO THE LESSEE: (a) DO NOT DIGITALLY SIGN this Agreement before you read it or if it contains any blank spaces. (b) You are entitled to an exact copy of the Agreement you sign. Keep it to protect your legal rights.
In this Agreement, “We”, “Us”, and “Our”, mean the Lessor. “You” and “Your”, mean the person(s) signing this Agreement as the Rental Customer(s). “Affiliate” means the local retail outlet. “Agreement” means this Instrument Rental Agreement. “Instrument” means the rental property.
1. INITIAL RENTAL PAYMENT: Your minimum initial term is one month (or as otherwise disclosed in “Notes.” After that, you have three options: (1) you can continue renting by making monthly rental renewal payments in advance; (2) you can return the instrument you are renting and buy a different Instrument applying previously paid rent credit less LDW fees, taxes, and other fees paid to date (see Item #3 below for purchase option); or (3) you can return it to us in good repair with no further obligation, except for past due payments. No refunds will be given on early termination of multi-month introductory offers.
2. RENTAL TERM AND PAYMENT SCHEDULE: This Agreement is for one month and is renewable by making renewal payments in advance for every month you chose to renew this Agreement.
3. PURCHASE OPTION: You cannot purchase the Instrument you are renting. However, you can purchase different student or intermediate level band or orchestral instrument from our inventory. If you choose to do so, we will apply 100% of the rental payments you have made (not including any taxes or fees) to the Veritas retail price of the instrument you buy. After the rental credit has been applied we may offer a discount of up to 30% off the remaining balance if purchase is done within 30 months from signing the original rental agreement. The instrument you buy must be the same type as the one you are renting, and must be in our current inventory. Any rent paid in excess of the purchase price of the instrument you buy is considered rent and no refunds of any kind will be given. Buying the same type of string instrument in a larger size is allowable. You must pay us the difference in full when you purchase an instrument. We will not finance the purchase. This option terminates upon return of the instrument. Once you have purchased an instrument, you have no further return or exchange options. Call the phone number at bottom for more information.
4. TERMINATION AND DEFAULT: You may terminate this Agreement at any time by returning the Instrument in good condition, fair wear and tear excepted, or by making arrangements with us for its return. You must also pay any past due amounts you owe. You can request a shipping box, packing materials and a return shipping label by calling our customer service department at 1-800-578-9724. YOU MUST RETURN THE INSTRUMENT TO US OR AFFILIATE. NO ONE ELSE IS AUTHORIZED TO ACCEPT RETURN OF THE INSTRUMENT (unless we give you approval in writing). You cannot terminate this Agreement by leaving the Instrument in the school. We may terminate this Agreement if you fail to keep any of your agreements. We may notify you of termination in writing, or by e-mail, or by telling you. You agree to pay us the fair market value of the Instrument if you fail to return it to us when this agreement terminates. You remain liable for rental payments until the Instrument is returned to us.
5. LOSS OF OR DAMAGE TO THE INSTRUMENT: You are liable for loss of or damage to the Instrument in excess or normal wear and tear from all causes. You must pay us the fair market value of the Instrument if it is lost or destroyed. If it is damaged, you must pay us immediately for all repairs, not to exceed fair market value. We do not carry insurance on the Instrument. You are not required to purchase our Loss Damage Waiver plus Maintenance Program (LDW), but we recommend it. We may require a security deposit if you decline LDW coverage.
6. CREDIT CARD AUTHORIZATION: You hereby authorize us to charge your credit/debit account number provided on this Agreement and/or otherwise provided to us for any amounts owed under this Agreement. These charges may include the remaining balance of purchase price/value less credit for previous rent paid should equipment not be returned to Veritas and/or Affiliate upon demand, past due rent payments (more than 10 days late), unpaid late fees, returned checks, NSF fees, billable repair charges, and for missing items upon cancellation of Agreement and return of instrument.
7. CONSENT TO CONTACT: By signing below, I agree to receive emails from Veritas Instrument Rental at the email address I provided, as well as to receive customer service and collections calls, including through the possible use of automated dialing systems and prerecorded messages and texts, at the telephone/cellular number(s) I provide to Veritas.
8. OTHER CHARGES: These fees are all reasonably related to the services performed.
a) LDW Loss Damage Waiver plus Maintenance Program (Optional): See Item #10.
b) Bank or Credit Card Declined Charge: If your payment is denied for any reason, you must pay us a $25.00 charge to cover our costs in processing your payment in addition to your rental payment.
c) Late Fee: If you fail to make a renewal payment within 7 days past due date, you must pay us $10.00 (or maximum allowable by State Law) plus your rental payment to continue using the Instrument. Late fee amount subject to change if State Law changes.
d) NSF Check Fee: If your check is returned for any reason, a NSF fee of $25.00 or maximum allowable by State Law will be due or charged to the credit/debit card we have on file.
e) Security Deposit: See item #18.
9. MAINTENANCE OF INSTRUMENT: You are fully responsible for maintaining and servicing the rental Instrument including all adjustments, repairs and general cleaning. You are not required to purchase our optional Loss Damage Waiver plus Maintenance Program (LDW), but we recommend it (see next item for details).
10. (LDW) Loss Damage Waiver plus Maintenance Program (Optional): If you choose this option and are current, you will not be liable for loss of or damage to the Instrument due to fire, theft, flood or other Act of God. For theft, you must furnish us with a Police Report within 72 hours of the loss showing forced entry. Mysterious disappearance is not covered. We will not replace the Instrument. Payments made prior to the date of loss or damage are not refundable or transferable. If you claim a loss under LDW, you agree that we are subrogated to all of your rights, claims, and remedies due to the loss of the Instrument including but in no way limited to your recoveries under any insurance policies. In addition, we will make all necessary repairs and adjustments to keep the Instrument in proper playing condition. This does not include restoration of finishes, damage due to careless handling, cleaning or replacement of expendable accessories such as mouthpieces, ligatures, mouthpiece caps, reeds, oil, swabs, strings, rosin, drum heads, or drum sticks. If repairs take longer than 3 business days, we will loan you an Instrument until we can complete the repairs (subject to availability). We will not be responsible for the costs or the results of any repairs or damage caused by improper use. You must notify us immediately if the Instrument needs service. Any necessary repairs are to be performed by a Veritas -Approved repair technician.
11. REINSTATEMENT: If you fail to make a timely renewal payment, this Agreement expires. You can reinstate it without losing any rights previously acquired by making all payments due or returning the Instrument to us within 5 business days after the renewal date. If you return the Instrument to us promptly, you will have 30 days from the date of return to reinstate by making all payments due. If you reinstate, we will furnish you with the same Instrument or an Instrument of comparable quality and condition.
12. REIMBURSEMENT OF COSTS: If you breach this Agreement, you will have to pay us for all reasonable costs we incur in getting our Instrument back. These costs may include attorney’s fees and court costs if they are incurred and permitted by state law.
13. EQUITY: You understand that we own the Instrument. If you declare bankruptcy, we retain title, and the instrument must be returned to us immediately. You do not have the right to a refund of any rental payments when this Agreement is terminated.
14. LOCATION OF INSTRUMENT: You agree to keep the Instrument on your person or at the address shown above. You must inform us in writing of any address changes. If you remove the Instrument without our written consent, we have the right to terminate this Agreement immediately.
15. ASSIGNMENT: You have no right to sell, transfer, assign, pawn, pledge, sub-lease, or encumber the Instrument or this Agreement in any way. We may sell, transfer, or assign our rights in this Agreement.
16. DAMAGE TO OTHER PROPERTY AND CONTACT WITH THIRD PARTIES: You understand that we will not be responsible for any loss or damage to any property arising out of your use of the Instrument. You also agree that we can contact your spouse, the student, or your nearest relative regarding your account with us.
17. CREDIT REPORT AUTHORIZATION: You give us permission to obtain a credit report on you for approval purposes and at any time during this Agreement.
18. SECURITY DEPOSIT: You may have been required to make a security deposit. When this Agreement terminates, we will refund any security deposit less any amounts you still owe us within 30 days.
19. HYGIENIC CONDITION OF INSTRUMENT: We will not be responsible for the hygienic condition of the Instrument (including the mouthpiece).
20. NECESSARY CORRECTIONS: We reserve the right to make corrections, which might be necessary due to mathematical errors caused by our systems, staff, or agents. You are entitled to a full accounting at any time and upon request. We reserve the right to make modifications as directed by local applicable law when necessary.
21. AFFILIATE INDEMNIFICATION: Affiliate is responsible for securing and protecting any financial and/or personal data provided by the renter as part of this agreement, and Affiliate will indemnify Veritas for any and all attorney fees and costs associated with Veritas having to legally defend itself in any such action should Renter file a claim, charge, or lawsuit against Veritas because Affiliate has not properly secured and/or protected Renters financial and personal information/data as gathered in this Agreement.
22. ARBITRATION AND WAIVER OF JURY TRIAL: PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
AGREEMENT TO ARBITRATE: You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the jurisdiction where you live without applying its choice-of-law rules).
WHAT ARBITRATION IS: “Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to origination of your Rental-Purchase Agreement (“Agreement”) and whether or not an Agreement is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement. For purposes of this arbitration agreement, the terms “you” and “your” include any co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” mean Lessor and include Lessor’s employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns, as well as Lessor’s marketing, servicing, and collection representatives and agents.
HOW ARBITRATION WORKS: If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration must choose either of the following arbitration firms for initiating and pursuing an arbitration: the American Arbitration Association (“AAA”) or JAMS, The Resolution Experts (“JAMS”). If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate an arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:
American Arbitration Association
335 Madison Avenue, Floor 10
New York, NY 10017-4605
Web site: www.adr.org
Telephone (800) 778-7879
JAMS, The Resolution Experts
1920 Main Street, Suite 300
Irvine, CA 92614
Web site: www.jamsadr.com
Telephone (949) 224-1810 or (800) 352-5267
The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firms rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.
WHAT ARBITRATION COSTS: No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys fees to the party who substantially prevails in the arbitration.
LOCATION OF ARBITRATION: Unless you and we agree to a different location, the arbitration will be conducted within 30 miles of your then current mailing address.
WAIVER OF RIGHTS: You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.
APPLICABLE LAW AND REVIEW OF ARBITRATORS AWARD: The arbitrator shall apply applicable federal and the substantive law of the jurisdiction where you live and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrators award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of the jurisdiction where you live and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of the jurisdiction where you live and applicable federal law.
SURVIVAL: This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity.
RIGHT TO OPT-OUT: If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address no later than thirty (30) days following the date you enter into this Agreement: VIR, PO BOX 950, Pinellas Park FL 33780. You may opt-out without affecting your application or status as a lessee at this address. You may also opt-out via email at email@example.com.
23. MISCELLANEOUS PROVISIONS: You understand that time is of the essence in this Agreement. No changes may be made to this Agreement except by us in writing. You understand that the Instrument may be new, refurbished, or previously rented. You agree that we have not made any promises or representations about this Agreement or the Instrument other than those contained in this Agreement. You agree that you have received the Instrument in satisfactory condition. You agree that you have received a signed copy of this Agreement.
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CT Orchestra & Band Instrument Rentals
At JC Music, we know and specialize in orchestral and band instruments. We understand your needs and we work directly with music educators throughout the state of Connecticut and are aware of what your directors want to see in the classroom. JC Music has been serving Connecticut instrumentalists for the past 26 years.
We stand behind all our orchestra and band instrument rentals, and we make sure they are clean and ready to play before they leave our store. Every instrument we stock is of band and orchestra director-approved quality. We also offer a free music lesson for each first time renter! We are here to provide the best quality instruments and at an affordable price where you will walk away with a positive rental experience!
Our experienced staff has years of experience in music education, orchestra and band directing, and taking care of customers just like you. Our Educational Representatives personally know the preferences and requirements of your band and orchestra directors. We’ve also made it easy for you to select the instrument you want at a price that is hard to beat.
Should any of our Connecticut competitor’s offer you a better rate, we will meet or beat ANY rates from stores who also rent the same quality educator approved brands that we carry. This can all be done without having to leave your home. Once you submit the contract, JC will personally contact you to acknowledge receipt of the contract and will explain what items your particular music teachers wants the students to have for their first music class. JC Music also makes weekly deliveries to many schools across Connecticut!
Our instrument Repair and Replacement plan is a part of your rental agreement and will offer you peace of mind. When your instrument requires repair, our certified on-site repairmen will quickly repair your rented instrument at no additional cost to you. We also offer loaners so that there are no days without a quality playable instrument.
JC Music is the preferred music store by Connecticut music educators not only because we provide quality instruments at the right price, but our staff members also understand the value of music education, and we know how rewarding and exciting it can be to learn how to play an instrument. JC Music is committed to giving you the best rental experience possible and starting all beginning instrumentalists off the right way. Our store is operated by a staff of individuals who are music educators first and salesmen second!