Buckeye Brass and Winds Instrument Rental Agreement

Rental Terms:

This is a rent to own agreement between Buckeye Brass and Winds and the individual (hereafter referred to as "the renter"). It is comprised of an initial processing payment and 35 subsequent monthly payments.  The initial processing payment is due at the time the rental agreement is initially processed by Buckeye Brass and Winds. Monthly payments are comprised of an instrument rental fee and a fee for the required Maintenance and Repair Plan.  Monthly payments for instruments to be picked up in our store will begin on a monthly basis after the rental application has been processed. Monthly payments for instruments to be delivered to the school will begin on the month that school is to begin.  Monthly payments are drawn on the 1st or 15th of each month (this is a one-time choice of the renter), or the next business day if the due date falls on a Saturday, Sunday, or holiday.  Monthly payments are paid in arrears, meaning that you are paying for the month just completed, not the month upcoming.  If the remaining balance of the agreement is paid off prior to the end date, a 50% discount may be applied to the remaining balance. Buckeye Brass and Winds guarantees the condition of the instrument at the time of rental.

Termination of Agreement:

This rental agreement may be terminated at any time by the renter or Buckeye Brass and Winds.  Upon the termination of the rental agreement, the renter must return the instrument to Buckeye Brass and Winds in a condition that conforms with that which is described in the section “Return of Instruments.”  The renter will be responsible for continuing payments until the instrument is returned and in the physical possession of Buckeye Brass and Winds.  The renter will also be responsible for any due and past due rental payments.

Instrument Exchange Policy:

Instruments may be exchanged as needed with no loss of equity. Rental charges may vary by type of instrument and the renter is responsible for paying the rental fee of the new instrument.  The rental may be returned at any time within the prescribed time limit.  Upon return of the rental outfit, 50% of the equity may be applied to the purchase of an instrument outfit of the renter’s choice.  Rental monies accrued may not be applied to accessories, repairs, or other charges.  This policy is only for changes to instrument type, not for an instrument in better condition.

Instruments being exchanged must be in acceptable condition as described in “Return of Instruments” below.  The customer shall be financially liable for any repairs or loss of the instrument.  The renter may not use accrued rental credit for the purpose of paying for required repairs or the loss of the instrument.

Maintenance and Repair Plan:

The Buckeye Brass and Winds Maintenance and Repair Plan covers maintenance and repairs required to keep the rented instrument in playable condition.  Services beyond those required to keep the instrument in playable condition are not covered by the Maintenance and Repair Plan.

Buckeye Brass and Winds will maintain the instrument as follows:

1. Buckeye Brass and Winds will repair any damage to the instrument at no further charge provided that the damaged instrument is brought to Buckeye Brass and Winds with the exceptions described in Section 2 below.  The Renter will be charged if any repair work is done outside the shop, both by the shop that performed the repair as well as by Buckeye Brass and Winds for any work that does not meet our standards.  Maintenance or repairs performed at another shop are not covered by the Maintenance and Repair Plan.
2. Buckeye Brass and Winds reserves the right to assess repair charges for intentional or negligent damage to the instrument.  This determination is at the sole discretion of Buckeye Brass and Winds.  Instruments determined to have been damaged by negligence or intentionally damaged are specifically not covered by the Maintenance and Repair Plan.
3. The rental account must be paid and up to date to use the Maintenance and Repair Plan.

Return of Instruments:

Any returned instrument must be in acceptable condition (i.e., a condition that will allow Buckeye Brass and Winds to re-rent or sell the instrument). The renter will be liable for the expenses related to the repair of any returned instrument that has suffered negligent or intentional damage and is in need of repair.  The determination of negligent or intentional damage and determining the cost of subsequent repairs lies solely with Buckeye Brass and Winds.  In the event that Buckeye Brass and Winds determines that the returned instrument has suffered damage to the extent that it is unable to be repaired or that the cost of the repair exceeds the value of the instrument, then the renter is liable for the cost of a replacement instrument.  The determination of repairability of an instrument lies solely with Buckeye Brass and Winds.  All costs associated with repair or replacement of returned instruments will be added to the rental account at the time of the return of the instrument.  The return of the rented instrument does not remove the financial liability for these costs from the renter and the renter will still be required to pay these costs.  This paragraph applies to an instrument that has been returned to end a rental agreement that is in good standing and to rental agreements that are considered in arrears and/or delinquent. The return of an instrument that is considered in arrears and/or delinquent does not absolve the renter of past due payments and late fees.

Process for Returning Instruments:

Instruments may be returned during the school year in one of two ways:

1. The renter may bring the instrument back to the store.  The instrument will be inspected for excessive damage pursuant to the above paragraph. If the instrument is found to be in satisfactory condition in accordance with the guidelines stated above, then the contract shall be terminated in the manner stated above.  If the instrument is found to have excessive damage, then the renter's account will be charged in the manner described above.
2. The renter may choose to leave their rental instrument at the school prior to the end of the school year.   However, it is understood that the employees of the school are not employees of Buckeye Brass and Winds.  As such, no employee of the school shall be responsible for communicating to Buckeye Brass and Winds the renter's intention to return their instrument.  It is the sole responsibility of the renter to communicate with Buckeye Brass and Winds via email their intention to leave the instrument at the school for the purpose of returning it to Buckeye Brass and Winds.  Further, the renter must communicate with the band director, and receive prior permission from the band director to leave their instrument at school for the express purpose of returning the instrument to Buckeye Brass and Winds.  The renter also agrees that any instance of damage, theft, or destruction of the instrument while it is located at the school and before Buckeye Brass and Winds has taken possession of said instrument, is not the responsibility of the school or Buckeye Brass and Winds.  In cases where an instrument is damaged, destroyed, lost, or stolen from the school after the renter has left the instrument at the school for the purpose of returning it, but before Buckeye Brass and Winds has taken physical possession of the instrument, the renter shall still be liable for the remaining account balance for the instrument. The renter is responsible for continuing rental payments until Buckeye Brass and Winds takes physical possession of the rental instrument; the rental contract does not end when the instrument is returned to the school.

Instruments that are returned after the school year has ended must be returned by the renter to Buckeye Brass and Winds’ store location during regular posted business hours.  Any instrument not left with an employee of Buckeye Brass and Winds cannot be considered as returned and the liability for that instrument remains with the renter.  Neither Buckeye Brass and Winds, nor any school or school employee, shall be liable for any instrument or rental payment for any instrument left at a school after the end of the school year.

Change of Address, Email, or Phone Number:

The renter is required to notify Buckeye Brass and Winds of any change in physical address, email address, and phone number.

Late Fees and Delinquency:

Should the rental payment remain unpaid for 30 days after the due date, a late charge of $10.00 will be assessed in addition to the rent due and a certified letter of delinquency will be sent to the address on file.  If the account continues in a state of delinquency, a second late charge of $10.00 will be assessed at 60 days past due and a certified letter of delinquency will be sent to the address on file.  The renter will be liable for back rental payments, late fees, and the current rental payment. 

At 90 days past due, a third $10.00 late fee will be added, and a certified letter of delinquency will be sent to the address on file.  Fourteen days (14) after the mailing of the final delinquency notice, and without complete payment of due rental payments and late fees, the account will be turned over for collection for the remaining balance of the rental account plus any and all costs of collection and late fees due.  Any additional charges over and above monthly rental payment do not add to the renter’s equity. 

Buckeye Brass and Winds reserves the right to use any payment card enrolled in our system without notification to the renter for the purpose of collecting late fees and past due payments.

Failure to acknowledge the delivery of certified delinquency notices does not constitute no attempt at contact on the part of Buckeye Brass and Winds. Any delinquency notice that is returned to Buckeye Brass and Winds marked as “Unable to Forward” does not constitute no attempt at contact on the part of Buckeye Brass and Winds as it is the responsibility of the renter to notify Buckeye Brass and Winds of changes in physical address as stated above.  The return of an instrument with an account that is delinquent or in collections does not absolve the renter of any contract amount due, late fees, or any repair costs that may be required and the renter is still financially responsible for the repayment of those fees.

Bankruptcy:

In the event of bankruptcy by the renter, the rental property remains the sole property of Buckeye Brass and Winds and must be returned immediately.  Any rental equity may still be used towards the purchase of an outfit as described above with any balance due at that time.

Lost or Stolen Items:

The rental agreement does not cover lost or stolen items.  In the event that an item is lost or stolen, the renter is liable for the remaining account balance.

Buckeye Brass and Winds reserves the right to make changes and amendments to this rental agreement. This rental agreement supersedes all previous versions of the rental agreement.