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Piano Rental Agreement
1. PHYSICAL CONDITION OF INSTRUMENT
Renter acknowledges that Renter has examined and is aware of the condition of the Instrument and that it is in good condition except for any defects noted on this Rental Contract. It is the responsibility of the Renter to return the Instrument to Braymore in the same condition as it exists at the time of delivery, except for ordinary wear and tear. Pianos will be tuned prior to delivery. Renter is responsible for piano tuning at least once a year after the Instrument has been delivered to Renter. Instruments may only be tuned or serviced by Braymore or Braymore authorized technicans, and may not be tuned or serviced by any other company or individual. If the Renter requires tuning more than once a year, Braymore will tune the piano at it's current prevailing rate.
2. DELIVERY REQUIREMENTS
Renter must clear and prepare the delivery location and the means of access to the delivery location to receive delivery of the Instrument, Delivery involving extraordinary access or conditions (for example, over railings, stairways, lofts, marble or hardwood floors, etc.) shall be made at Renter's sole risk and expense. Furniture and other items removed by Braymore shall be moved at the Renter's risk. Braymore shall be liable for damages only in case of Braymores negligence. Braymore shall have no liability for any delays in delivery. Notwithstanding anything to the contrary contained herein, Braymore reserves the right to cancel this Rental Contract if Braymore determines that the intended location of the Instrument in the residence or the means of access to the delivery location is unacceptable to Braymore, at its sole discretion.
3. USE OF INSTRUMENT
Renter agrees that the Instrument will be used only at the residence or location set forth on the front of this Rental Contract, and only for the purpose for which it was intended. Renter may not sublease or improperly use the Instrument. Renter may not move the Instrument from its original location. If Renter desires to move the Instrument, only Braymore shall move the instrument, which shall be at the expense of the Renter. If any other mover other than Braymore shall move the instrument, Renter is responsible for all moving charges plus agrees to pay a penalty of two hundred dollars $200.00 to Braymore per incident.
4. RESPONSIBILITY FOR INSTRUMENT
Renter acknowledges that from the time the Instrument is delivered until it is returned, Renter is responsible for the Instrument. Renter agrees to exercise due and proper care in the use and maintenance of the Instrument. If the Instrument is lost. stolen, vandalized, destroyed, or damaged prior to being returned to Braymore, regardless of fault, Renter is responsible for all damages, including, but not limited to, the costs to replace or repair the Instrument. In the event the Instrument is not clean when returned, Renter shall pay Braymore a cleaning charge. RENTER AGREES TO NOTIFY BRAYMORE IMMEDIATELY IF THE INSTRUMENT DOES NOT FUNCTION PROPERLY. NO REFUND OR ALLOWANCES WILL BE MADE BY BRAYMORE UNLESS BRAYMORE RECEIVES SUCH NOTIFICATION AND HAS HAD AN OPPORTUNITY TO INSPECT THE INSTRUMENT.
5. INSTRUMENT FAILURE
Renter agrees to notify Braymore immediately if the Instrument becomes inoperable for any reason. Braymore agrees, at Braymore's discretion, to make the Instrument operable within a reasonable time, provide Renter with a like instrument if available, make a like instrument available at another time, or adjust the rental rate. The provisions of this paragraph do not relieve the Renter from the obligations imposed by other paragraphs, including, but not limited to, Paragraphs 3, 5 and 6. In all events, Braymore shall not be responsible for any loss or damage including, but not limited to, consequential damage resulting from failure or defect of the Instrument. Renter hereby indemnities and holds Renter harmless from any and all damages which may accrue to Renter or others, with respect to the costs of musicians, vocalists and others, and any/all other costs in connection with the breakdown or other failure of the rented property, and/or any part or parts thereof during the term of the rental period.
6. RETURN OF INSTRUMENT
Upon termination of this Rental Contract for any reason whatsoever, Renter agrees to cooperate in the return of the Instrument during Braymore's normal delivery and pickup days, within the hours of 9:00 a.m. and 5:00 pm. without specified times, or pay an extra service charge of up to two hundred dollars ($200.00). Renter acknowledges that if the correct number of steps is not given, it could cause delayed delivery or pickup and additional moving charges may apply.
7. CHARGES AND PAYMENT
Renter is responsible for rental charges and all sales and use taxes thereon from the time the Instrument is delivered until it is returned to Braymore. Instruments rented for part of a billing month shall be charged for a full month. No refunds will be made for any period after the Instrument is returned to Braymore. If any rental charges are not paid within ten (10) days of the date due, Braymore is authorized to charge late rental and a late charge to Renter's credit card. Renter authorizes Braymore to charge any other debt incurred by Renter to Renter's credit card.
8. RENTAL ONLY
This Rental Contract is not a sales contract and does not give the Renter any option to purchase the Instrument. The Instrument is and shall remain the property of Braymore. Renter shall not remove any identification tags which are attached to the Instrument. Renter has only the right to use the Instrument so long as this Rental Contract has not been terminated and the Renter is not in default hereunder.
9. PROHIBITION OF TRANSFER OF RENTER'S INTEREST
Renter shalI not sublease, rent, assign, or grant a security interest in, or otherwise transfer the Instrument.
Renter agrees to allow Braymore to inspect the Instrument at any reasonable time.
11. LATE CHARGE
If Renter fails to make a monthly payment in full within ten (10) days after it is due, Renter shall pay a late charge in the amount of five dollars ($5.00).
If the Renter is in default of any of the terms or conditions of this Rental Contract, Braymore, in order to enforce its ownership rights in the Instrument and to protect its interest in this Rental Contract, may take possession of the Instrument without judicial process and to do so, Braymore or its representatives, may enter Renter's property and Renter hearby waives any right or action against Braymore for such entry and retaking. In addition, Renter acknowledges that the failure to return, or the conversion or concealment of, the Instrument, is prohibited and such action may constitute a crime. In such event Braymore, in addition to any other action it is entitled to take, may notify all authorities and take such other action, including, but not limited to, the filing of criminal complaints. In the event of default by Renter, Renter agrees to pay Braymore's attorneys' fees, collection fees, court costs, and any other costs and expenses incurred by Braymore in collecting any amounts due under this Rental Contract including, but not limited to, all costs associated with the retaking of the Instrument or otherwise enforcing the terms of this Rental Contract.
13. MISCELLANEOUS PROVISIONS
Renter warrants the truth and accuracy of all information contained herein and in all applications given to Braymore by Renter. This Rental Contract shall be governed by, and construed and interpreted in accordance with, the current local laws. This Rental Contract contains the entire agreement of the parties hereto with respect to the rental of the Instrument, and no prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties not embodied herein shall be or any force or effect. This Rental Contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, and assigns, No amendment to this Rental Contract shall be binding on any of the parties hereto unless such amendment is in writing and such amendment is executed by the parties hereto. Time is of the essence of this Rental Contract, and every provision herein. If Renter is composed of more than one person, the choices, designations, and other decisions of one shall bind all of the others, and all persons composing Renter shall be jointly and severally liable for all obligations of Renter herein.
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