1. OTHER FEES. Late Fee: $5.00 on payments not received within 10 days after the due date. Returned Check Fee: $25.00, 10 days after written demand has been sent to you. These fees are subject to change if state law changes.
3. The Cost of Lease does not include other charges, including but not limited to, late fees or applicable tax. You will not own the instrument until you have paid the total amount necessary for ownership or exercised your early purchase option. If permitted, any applicable manufacturer's warranty will be transferred to you at the time you acquire ownership.
4. You are fully responsible for loss, theft, damage to or destruction of the instrument from all causes in excess of normal wear and tear, up to a maximum of the fair market value of the instrument.
5. INSTRUMENT MAINTENANCE PLAN (IMP) . If you choose this option by paying the IMP fee and are not in default of this Agreement, you will not be liable for loss of or damage to the instrument due to theft or fire. For theft, you must furnish us with a Police Report showing forced entry within 72 hours of the loss. The IMP does not cover mysterious disappearance from the school band or orchestra room or lockers. The IMP does not cover theft without proof of breaking and entering. We will not replace the instrument, and payments made prior to the date of loss or damage are not refundable or transferable.
IMP covers certain repairs at no charge to you unless the damage is due to your willful act or negligence, in which case our standard repair rates apply. The IMP does not include damage to finishes, cosmetic damage to cases, case feet, string breakage (after the first 14 days of rental), speakers, reeds, drum sticks and mallets, heads, bow hair, rosin, brass and woodwind mouthpiece loss, neck straps, ligature loss and caps. Mouthpiece and ligature, included with instrument at time of rental, is covered upon presentation of the broken part. ALL REPAIRS MUST BE DONE BY A COMPANY-APPROVED TECHNICIAN.
6. DEFAULT. If you fail to make a rental payment within 10 days of the due date, or if you fail to observe any other term in this Agreement, all of which are material, you will be in default and this Agreement terminates. If you default, and after we give you any notice required by law, we will be entitled to all legal remedies, including repossession of the instrument and our damages. You must pay us for all of our reasonable costs of collection and court costs. Upon default, all of your rental credit, if any, will be void, and you will be liable for any amounts due us and the immediate return of the instrument. If you are in default, JOHN SOTO MUSIC, reserves the right to report your credit and payment history to any of the credit reporting agencies at our option.
7. TERMINATION. You can terminate this Agreement at any time after the 4th month of rent, without penalty, by returning the instrument to us in good condition, fair wear and tear excepted. All original issue accessories such as strings, mouthpieces, drum pads, sticks, instrument parts, and bows must be returned with the instrument, or you must pay for them at the time of return. DO NOT LEAVE THE INSTRUMENT AT SCHOOL WITHOUT PROPER ADVANCE AUTHORIZATION FROM US.
8. REINSTATEMENT. If you default on your payment, this Agreement expires. You may reinstate it without losing any rights previously acquired by returning the instrument to us when instructed. You will have 100 days from the date of return to reinstate by making all payments due. If you reinstate, we will furnish you the same instrument or an instrument of comparable quality and condition.
9. BILLING AND CHANGE OF ADDRESS OR CREDIT CARD. You will receive billing statements from us (unless you choose the EZ PAY option) at the address listed. You must inform us in writing of any address changes. All rental payments are due in advance. There are no refunds on rental payments. Note: You are responsible for your monthly payments even if you do not receive a bill. Errors in the billing process and with the postal service may occur. Rental fees are not contingent on practice or lesson schedules or time in the repair shop. 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 payments.
10. INSTRUMENT LOCATION. You must not move the instrument from the address shown in this Agreement without our written consent. You must not sell, pawn, dispose of or pledge the instrument as security while this Agreement is in effect. Note: Do not leave the instrument in school if you wish to cancel this Agreement. You remain liable under this Agreement unless you have received a return receipt from us. Your school is not a party to this transaction.
11 You agree to return the instrument as soon as you can not pay for the monthly rental to JOHN SOTO MUSIC 1271 Old Barnwell Rd. Aiken SC 29803
12. CREDIT AND COLLECTIONS. You agree to allow us to obtain a personal credit report at any time during this Agreement. You agree to allow us or our agents and assigns, including debt collectors, to contact you via telephone, text message or e-mail, directly or by using a dialer, automatic telephone dialing system, interactive voice recognition system, or artificial or prerecorded voice or message, at any number or e-mail you have given us or that we have on file (whether home, cell, or mobile service), even if you are charged for the call or e-mail service. You expressly agree to be contacted via such automated calls.
13. TAXES. Applicable state and local taxes are in addition to our prices and rates.
14. FRACTIONAL SIZE STRING POLICY. You may exchange a student level Violin, Viola, or Cello for a larger size student level Violin, Viola, or Cello as the child grows. We will apply 100% of your rental payments (not including taxes, fees or Liability Damage Waiver) toward the larger instrument. (If you exchange instruments without signing a new Agreement, you agree that the terms of this Agreement will apply to each instrument and exchange.) Rental rates in effect at the time of exchange will apply.
15. TITLE TO THE INSTRUMENT. We own the instrument until you make all rental and other payments required under this Agreement or exercise your early purchase option. If you declare bankruptcy, we retain title, and the instrument must be returned to us immediately. You do not have the right to keep the instrument if you do not make all of the payments necessary for ownership.
16. MANDATORY ARBITRATION. You and we agree that any claim or dispute between us or by either of us arising from or related to this Agreement must be resolved by binding arbitration applying the applicable code of procedures of the national arbitration organization to which the claim is referred. Claims must be referred either to JAMS or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If we select an organization that is unacceptable to you, you have the right to select the other organization if you notify us of your decision within 30 days after you receive notice of our arbitration choice. For a copy of the procedures, to file a claim, or for other information about these organizations, contact them as follows:
JAMS at 1920 Main Street, Ste. 300, Los Angeles, CA 92614; www.jamsadr.com.
AAA at 335 Madison Ave., New York, NY 10017; www.adr.org.
We will pay the initial filing fee if you want to file a claim against us. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
You and we agree that any arbitration will be conducted in the county where you live.
Nothing in this agreement is intended to prevent either of us from filing a lawsuit in small claims court for an amount that does not exceed that court's jurisdictional limits. All other disputes must be arbitrated.
This arbitration agreement will survive termination of the Agreement and will continue to be in effect to resolve any disputes that arise between you and us.
BY AGREEING TO ARBITRATE DISPUTES, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY. YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT RESOLVE YOUR DISPUTE. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU ARE WAIVING YOUR RIGHT TO CERTAIN DISCOVERY RULES THAT APPLY IN A LAWSUIT. YOU AND WE AGREE THAT THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS-WIDE ARBITRATION AND CAN ONLY DECIDE THE DISPUTE BETWEEN YOU AND US. IF ANY PART OF THE ARBITRATION AGREEMENT IS RULED TO BE INVALID, THEN THE UNDERLYING DISPUTE MUST BE RESOLVED BY A JUDGE, SITTING WITHOUT A JURY, IN A COURT OF COMPETENT JURISDICTION, AND NOT AS A CLASS ACTION LAWSUIT.
Your Right to Opt Out: If you decide that you do not want to arbitrate any dispute(s) with us, you must notify us in writing at our address in the Agreement no later than 10 days after the date you sign the Agreement. Your decision to opt out of this arbitration agreement will not affect your Agreement with us.
17. E-MAIL OPT-IN: By supplying us with your e-mail address, you have agreed to receive promotional messages, helpful instrumental tips and valuable coupons via e-mail. Your information is always kept confidential. We do not sell or share this information.
18. We reserve the right to make corrections which might be necessary due to mathematical errors caused by our systems or staff. You are entitled to a full accounting at any time and upon request.