Rental Terms & Conditions
Thank you for pursuing a rental instrument from Tom’s Heirloom Violins. Please read through our rental terms and conditions.
1. Rent. All payments are to be made to Tom’s Heirloom Violins in advance of each rental period in monthly installments, beginning on the effective date and continuing on the same date every month thereafter. Rent payments shall be due whether or not the customer has received any notice that such payments are due. Rental fees will automatically be charged to the credit card on file.
2. Term and Termination. The rental agreement has no term limit. The instrument can be returned at any time to terminate the agreement.
3. Condition of Instrument. Tom’s Heirloom Violins will set up and test play the instrument before it’s delivered to the customer. If the customer is not satisfied with the condition of the instrument, then the customer may, within seven (7) days of receiving the instrument, return the instrument to Tom’s Heirloom Violins in the same condition in which it was upon taking possession, and in that case Tom’s Heirloom Violins shall refund the rent to the customer, and the rental agreement will be terminated.
4. Maintenance and Repair. The customer shall keep the instrument in good working order, including repairs and maintenance required to maintain the instrument in good working order.
5. Loss or Damage. Customer assumes and shall bear the entire risk of loss, theft, destruction, or damage of or to any part of the instrument from any cause whatsoever, and no such loss shall release the customer of its obligation under the agreement. In case of loss or if Tom’s Heirloom Violins deems damage to the instrument irreparable, payment in the amount of the retail value of the instrument shall become immediately due to the customer.
6. Insurance Coverage. Basic damage protection is included with all instrument rentals. This covers scuffs, dents, and varnish issues, as well as bridge, peg, and bow breaks. Under the basic damage protection, Tom’s Heirloom Violins will repair or replace the broken part for free. If necessary, the customer is responsible for all shipping charges related to all damage protection claims.
7. Purchase Option / Rental Credit. The customer shall have the option to purchase the rented instrument from Tom’s Heirloom Violins. If the customer chooses to exercise this option, Tom’s Heirloom Violins will apply 100% of the first year’s, and 25% of each subsequent year's monthly rental fees paid (rental credit less $7.00 per month maintenance and insurance), towards the retail price of the specific instrument.
If the rented instrument is returned to Tom’s Heirloom Violins and the account is closed, the accumulated rental credit may be applied towards the purchase of a new instrument from Tom’s Heirloom Violins (exclusions may apply). The rental credit expires three (3) months after the rental account is closed and credit from multiple rental accounts may not be combined to purchase a single instrument.
8. Exchanges. The customer may exchange the rental instrument at any time for an instrument of a different size or quality. The rental rate will be adjusted to reflect the pricing of the new instrument.
8. Default. Customer shall be in default of the rental terms and conditions if customer:
Fail to pay rent or other amount required within fourteen (14) days after the rent becomes due and payable;
Fail to perform or observe according to its terms any covenant contained in the agreement.
In the event of default by the customer, Tom’s Heirloom Violins may terminate the rental agreement, in which case the customer shall pay any amounts outstanding and return the instrument; and if the customer refuses or neglects to return the instrument within seven (7) days of notice of default, Tom’s Heirloom Violins will charge the customer’s credit card on file for the total retail value of the instrument and for any balances outstanding which will become immediately due and owing.
9. Title. The instrument is, and shall at all times remain property of Tom’s Heirloom Violins, and the customer shall have no right, title, or interest except as expressly set forth in this lease.
10. Indemnity. Customer shall indemnify Tom’s Heirloom Violins against and hold Tom’s Heirloom Violins harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney fees arising out of, connected with, or resulting from the property subject to the rental, including, but not limited to the manufacture, selection, delivery, use, operation, or return of such property.