Instrument Rental Terms and Conditions

1. MEANING OF THE WORDS AND PHRASES

In this Agreement and the Policy:

‘You’ or ‘your’ refers to the customer hiring goods under this Agreement;
‘We’, ‘our’ or ‘us’ refers to Mike’s Music, its successors or any company, firm or person to whom our rights under the Agreement are assigned;
‘Agreement’ means this hire agreement including the signature page and these terms and conditions;
‘Goods’ means the goods hired under this Agreement (including any software forming part of, or supplied by us with those goods)

2. DELIVERY, ACCEPTANCE AND THE GOODS

WHAT WE WILL DO – we will agree to deliver the Goods, then we will deliver them to the address which you have given us.
CANCELLATION – Either you or we may cancel this Agreement before the Goods have been accepted. The Goods are ‘accepted’ when you or someone on your behalf picks them up from us, or signs our delivery note.
TITLE – We own the Goods. Title to them will not pass to you under this Agreement.
REPLACEMENT – A Technician may remove any of the Goods to examine or repair them and we will, without undue delay, provide you with a similar replacement.

3. PAYMENTS

WHAT, WHEN AND HOW – You must pay us the total monthly payment each month on or before the payment date indicated on the signature page. You must pay by standing order and include insurance premiums, which we will pass on to the relevant insurers. Each time we refer in these terms and conditions to your payment or amount due to us under the Agreement, we mean (unless we state otherwise) to include insurance premiums.
INTEREST – If any payment under this Agreement is not received on the due date, then you must pay interest on such payment. This interest shall accrue on a daily basis from the due date until payment us received by us. It shall be charged at the rate of 2% per annum above the base rate of Lloyds TSB Bank plc.
IF YOU DO NOT PAY IN FULL – This clause 3(c) applied of at any time (including when this Agreement has ended) we receive less that the full amount due from you under this Agreement. In these circumstances, we may apply the amounts we receive against the amounts due from you in any order that we determine from time to time.
CHANGES TO YOUR PAYMENTS – We will only change the amount of your monthly payments: To reflect any changes in the rate of value added tax effective subsequent to the signature of this Agreement or the imposition of any other tax, statutory duty or levy: After the end of the Maximum Hire Period if we give you prior notice of a change. But this does not apply to equipment and payment protection insurance, the premiums for those insurances may be varied by the insurers at any time.

4. YOUR OTHER RESPONSIBILITIES

a) CARE – You must ensure that the Goods are: Kept clean; Used carefully and properly in accordance with any manufacturer’s recommendations and instructions; Not used for any unauthorised commercial or business purpose; Kept in good working order and repair: (You will have the benefit of any guarantee or similar rights which we have in respect of the Goods.) For this purpose you must not allow anyone except a Technician to interfere with any Goods or try to repair any of them.

b) CONSUMABLES – You will be responsible for the supply and fitting of all replacement consumables, such as batteries in units, reeds and strings.

c) LOSS OR DAMAGE AND INSURANCE – The Policy will only protect you against a Failure. You must also keep the Goods insured against loss or damage caused by mis-treatment, fire, theft or accident. You must indemnify us completely as owners against any such loss or damage and against any loss or damage resulting from using the Goods with or in conjunction with any other equipment for the reinstatement cost as new of the Goods. We shall not be responsible for any breach of copyright or other rights resulting from the use of the Goods.

d) ACCESS - You must allow Technicians and our authorised employees and agents access to the equipment at all reasonable times for the purpose of repair, adjustment, inspection or removal.

e) DISPOSAL – You must not let any of the Goods out of your possession. Nor may you sell, charge or otherwise dispose of any items. (One example of a ‘charge’ is to offer the goods as security for a loan.)

5. IF YOU BREACH THIS AGREEMENT

CHARGES – If you breach this Agreement, we may take action to protect our position or enforce our rights. (For example, we may re-present a direct debit payment request if payment is not made first time: we may write to you: we may have to trace you: and we may take court proceedings.) We may charge you a default fee for any such action at the then current rate. We will inform you of the rate of charge if you request. You must pay to us on demand any related costs and expenses we incur.
ENDING THIS AGREEMENT – One of the actions we may take if you breach this Agreement is to serve a default notice on you. It will tell you what you must do to cure the breach. If you do not do it on time, then we may end this Agreement immediately.

6. WHEN THIS AGREEMENT ENDS

a) This Agreement will carry on until is is: Cancelled – see clause 2(b) Cancellation; or Ended by us because of your breach or as referred to in clause 5(a) or ended by you as referred to in clause 6(c).

b) WHEN WE MAY END IT – We may end this Agreement at any time if: You have given any incorrect or misleading information in connection with this Agreement or Policy; Any of the Goods is or becomes subject to any distress, execution or other legal process: You become bankrupt or apparently insolvent: We consider that any of the Goods or our interest in them is in jeopardy: The insurers end the Policy under the conditions of the Policy: We may also end it by giving you at least one month’s written notice ending on a normal monthly payment date at or after the end of the Minimum Hire Period.

c) WHEN YOU MAY END IT – You may end this Agreement by giving us at least one month’s written notice ending on a monthly payment date at or after the end of the Minimum Hire Period. You may only end this Agreement before the end of the Minimum Hire Period, if we agree to end it. This is call ‘Early Settlement’.

7. WHAT HAPPENS WHEN THE AGREEMENT ENDS

RETURNING THE GOODS – When this Agreement ends you must either: Allow access for our employees or agents to repossess the Goods undamaged and in good repair except for wear and tear, or Return the Goods due under the Agreement undamaged and in good repair except for wear and tear, to Mike’s Music. We have the right to assume that anyone in apparent authority at your premises who gives access to our employees or agents has your authority to do so. If you do not return the Goods or allow us to repossess them immediately, you must pay to us by way of damages, a sum equal to the amount which would have been payable as your total monthly payment up to the date that you returned the Goods or we repossessed them as if this Agreement remained in force.
PAYMENTS BY YOU – You must make any payments due to the date this Agreement ends, in addition, upon an early termination we will be entitled to require you to pay to us immediately all of the amounts which would otherwise have become due under this Agreement up to the end of the Minimum Hire Period.
RIGHTS AND REFUNDS - The ending of the Agreement will not affect any of our rights or remedies that exist at the date it ends. You must make any payments due up to the date this Agreement ends but (except as stated in clause 2(b) Cancellation) we will not have to repay to you any payments already made, except we will repay: Any payments which relate to a period after the date on which this Agreement ends, taking into account any early payment which you were given; and any deposits you may have paid under this Agreement, Less any sums due to us under clauses 5(a) Charges.

8. WAIVER. Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it was given. It does not affect our rights under this Agreement in any other way.

9. ASSIGNMENT. You must not assign or try to assign any of your rights or responsibilities under this Agreement, as it is personal to you. We may assign or transfer this Agreement or any of our rights.

10. VARIATIONS BY US. Clause 3(d) deals with changes to your payments. We may vary the other terms of this Agreement on due notice to you. If you object in writing within 7 days of the notice, the then current terms of this Agreement shall continue.

11. ENGLISH LAW

This Agreement shall be governed by English Law.

IMPORTANT – YOU SHOULD READ THIS CAREFULLY: YOUR RIGHTS
The Consumer Credit Act 1974 covers this Agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, the owner cannot enforce the Agreement against you without a court order. The Act also gives you a number of rights. Among these is the right to end the agreement by writing to the person authorised to receive your payments and giving at least one month’s notice. You will have to make all the payments including any arrears until the time the agreement comes to an end.

If you would like to know more about the protection and remedies provided under the act you should contact either your local Trading Standards Department or your nearest Citizens Advice Bureau.

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