The Music Den Musical Instrument Lease-To-Own Terms and Conditions

 

Last updated: August 23, 2017.

THIS AGREEMENT (“AGREEMENT”) IS MADE BETWEEN GT MUSIC, INC. D/B/A THE MUSIC DEN (THE “COMPANY”) AND THE CUSTOMER (THE “CUSTOMER”).

The Customer agrees to the following terms and conditions:

  1. Term. This Agreement and selected trial period (“Trial Period”) shall begin upon submission of the Trial Period payment for the Leased Instrument (“Effective Date”) and shall remain in effect until Customer has either returned or purchased the leased instrument (“Leased Instrument”) pursuant to Section 8 and 5, respectively, of this Agreement (the “Lease Period”).

 

  1. Customer Options. Once the Trial Period has concluded, the Customer shall have the following four options:

 

    1. Continue to lease the Leased Instrument on a monthly basis.

    2. Exercise the exchange option discussed in Section 7.

    3. Return the instrument as discussed in Section 8.

    4. Purchase the instrument at a forty percent (40%) discounted rate as discussed in Section 5.
       

  1. Lease Payments. Customer agrees to pay Company a monthly lease fee (“Lease Payment”) for each Leased Instrument, in advance to be billed on a monthly basis on the same numerical day of each month as the Effective Date. Company is hereby authorized to charge the credit card provided by Customer for such Lease Payment.
     

  2. Ownership. Customer recognizes and agrees that ownership of the Leased Instrument shall remain with the Company during the Lease Period. Customer hereby agrees not to sell, mortgage, dispose or destroy the Leased Instrument during the Lease Period. Upon full receipt of payment totaling the full retail price of the Leased Instrument or upon Customer purchasing the Leased Instrument pursuant to Section 5, Company shall assign all rights of the Leased Instrument to Customer.

 

  1. Purchase Discount Option. Company offers a forty percent (40%) discount from the principal balance of the Leased Instrument to purchase the Leased Instrument at any time during the current Lease Period. Company will honor one hundred percent (100%) of the Lease Payments and subtract the total amount of the Lease Payments from the retail price of the Leased Instrument and then further discount the remaining principal balance by forty percent (40%), not including sales tax, which is payable in full at the time of purchase. In order for the Customer to receive the forty percent (40%) discount, Customer must call Company at (973) 927-5800. The cost for maintenance and repair as set out in Section 11 does not apply to the purchase discount option.

 

  1. Refunds. There are no refunds for early termination of this Agreement. Upon return of the Leased Instrument, any credit accrued towards an instrument is forfeited and cannot be reinstated.
     

  2. Exchanges. Leased Instruments may be exchanged for another type of instrument at any time during the Lease Period. However only credit from the first (twelve) 12 months will be applied towards the new instrument. If the Leased Instrument is exchanged for one of a lesser value, the credit applied will be the Lease Payments that would have accrued on the less expensive instrument.

 

    1. String Exchanges. Smaller string instruments are exchanged up for larger ones as a child grows. Most of the smaller size instruments have been previously Leased and will not be the instrument purchased. Lease Payments made while on the smaller Leased Instrument shall apply to a new full size instrument that will be issued upon the teacher’s recommendation. Value of the new instrument is at the current lease prevailing at the time of the exchange.

 

  1. Returns. There is no obligation to purchase the Leased Instrument and Customer may return the Leased Instrument to either of the Company’s two locations (Randolph or Butler). Any and all past due balances must be paid upon return. If Customer is returning the Leased Instrument to the school, Customer must call the Company (973)-927-5800 ext. 103 for a Return Authorization Number and instructions. The school is not a party to this Agreement therefore any instruments returned to the school remain the Customer’s responsibility until the Company regains possession of the Leased Instrument.

 

  1. Surrender of Equipment. At the expiration of the Lease Period, Customer shall surrender the instrument to Company by delivering the instrument to Company in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Agreement. Customer may surrender the instrument to Company prior to the end of the Lease Period, however Company's acceptance of such surrender shall not entitle the Customer to any refund or credit.

  2. Repossession and Collections. Pursuant to N.J. Stat. § 12A:9-609, if Customer defaults in the payment of any sum due under this Agreement for sixty (60) days or more, fails to return the Leased Instrument, or destroys the Leased Instrument, Company may repossess the Leased Instrument by legal process or self-help without the use of force and without breaching the peace. Nothing in this Agreement shall authorize a violation of criminal law or other applicable statute. Additionally, if Customer defaults in the payment of any sum due under this Agreement, Company may turn over such default claim to a collection agency. In order to reinstate the Agreement after repossession or turnover to a collection company, Customer must pay all past due lease charges, collection fees incurred, if applicable, and a reinstatement fee of fifty dollars ($50).

 

  1. Maintenance and Repair (“M&R”). Company’s M&R plan during the Trial Period is either: ten dollars ($10) for the entire five (5) month Trial Period or twenty dollars ($20) for the entire ten (10) month Trial Period regardless of the instrument. After the Trial Period, five dollars ($5) plus tax shall be added to each monthly Lease Payment for the M&R service. Obtaining an M&R service plan is mandatory for all the Company’s instruments. If the Leased Instrument is damaged, the Company shall repair or replace the Leased Instrument anytime during the Lease Period so long as the damage was not the result of intentional abuse, gross neglect or mischievous conduct or any other events including but not limited to those stated in Section 12. Lacquer deterioration or expendable accessories including but not limited to strings, lubricants, straps, reeds, swabs are not covered. M&R does not cover loss or theft of the Leased Instrument. All repairs must be done by the Company. A current lease account with the Company must exist for this coverage to be effective.

 

  1. Damages/Loss. Customer shall at all times be liable to Company for the full replacement cost of the Leased Instrument and agrees to remit the same within five (5) business days of any loss or damage to said Leased Instrument whether by theft, burglary, fraud, gross neglect, intentional abuse, mischievous conduct, mysterious disappearance, water, or casualty of any nature caused by the Customer. Customer will, at Customer’s sole expense, keep and maintain the Leased Instrument clean and in good working order and repair during the Lease Period. In the event the Leased Instrument is lost or damaged beyond repair, Customer shall pay to Company the replacement cost of the Leased Instrument. The obligations of this Agreement shall continue in full force and effect through the Lease Period. Company is hereby authorized to charge Customer’s credit card for any such repair or replacement charges.
     

  2. Choice of Law. This Agreement and its interpretation, and all controversies arising hereunder, shall be governed by the applicable statutory and common law of the state of New Jersey, without giving effect to conflict of laws principles.
     

  3. Entire Agreement. Customer acknowledges that the terms of this Agreement constitute the entire agreement between the Customer and Company.
     

  4. Encumbrances, Taxes and Other Laws. Customer shall keep the Leased Instrument free and clear of any liens or other encumbrances, and shall not permit any act where Company’s title or rights may be negatively affected. Customer shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Leased Instrument. Customer shall promptly pay all taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession, use or maintenance of the Equipment.
     

  5. Assignment. Neither this Agreement nor Customer’s rights hereunder are assignable except with Company’s prior, written consent. Customer shall not assign, transfer or sublet its rights under this Agreement, shall not pledge, mortgage or encumber the Leased Instrument, or its rights hereunder.
     

  6. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable by any court of competent jurisdiction, (a) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect.
     

  7. Counterpart. This Agreement may be executed in two or more counterparts, which together shall constitute a single agreement. This Agreement and any documents relating to it may be executed and transmitted to any other party by facsimile or .pdf, which copy shall be deemed to be, and utilized in all respects as, an original, wet-inked, manually-executed document.
     

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