Star City MusicA division of Mouthpiece Express, LLC
2030 Main Street, Salem, VA 24153
540.772.7722 voice 540.772.3208 fax
School Year Rental Agreement Terms
|Due Date and Repair Coverage End Date: June 1, 2023|
|This agreement is a rental with a purchase option. At the end of the academic school year (by the Due Date), you will be offered a 20% discount off of the balance (the retail price less your school year rental credit) to purchase the instrument. No interest will accrue during the period of this agreement, and the full amount of the school year rental payment will be applied toward the retail price. You are responsible for your payment by the Due Date even if you do not receive a bill. Star City Music retains legal title of the instrument until you have made all payments under this agreement; at that time you will own the instrument. If permitted, any applicable manufacturer's warranty will be transferred to you at the time you acquire ownership. The total payment may increase if there are any late fees, repair/replacement charges, or fees charged to you due to default. Should you declare bankruptcy, Star City Music retains title; THIS IS A RENTAL and the instrument should be returned immediately if you declare bankruptcy. Virginia state and local taxes may be added to all prices shown in this agreement. This Agreement shall be governed by the laws of the Commonwealth of Virginia. Star City Music may obtain your personal credit report at its option.
Balance Payoff: You have the option to purchase the instrument by paying the Balance Payoff by the Due Date. To calculate the Balance Payoff, we take the retail price of the instrument (shown on the completed rental agreement once a specific instrument is assigned) then subtract the school year rental payment. To that difference, we apply a 20% discount if the balance is paid in full by the Due Date. The 20% discount is calculated by taking the difference (retail price minus your school year rental payment) and multiplying by .80. For example: Take a retail price of $1,069.60, subtract a rental payment of $169.00 to get $900.60, then multiply this subtotal by .80 for a Balance Payoff before tax of $720.48. With tax, your total payoff amount would be: $758.67. This is an example -- it is not your actual payoff. Note that a past due account is not eligible for the 20% discount. If you pay off the balance in order to own the instrument at the end of your school year rental agreement (by the Due Date), you may choose to renew the repair & replacement coverage for an additional year at the current yearly rate. Should a security deposit have been taken, it will be used toward any outstanding balance. The balance payoff and/or an additional year of repair & replacement coverage may be paid with cash or credit card.
Re-Rent: Before the initial rental period ends (by the Due Date), you may choose to Re-Rent the instrument for another school year. If you Re-Rent, the full school year payment is due by the Due Date. Note: This is like starting over; no monies from any previous rental will be applied towards any future balance payoff or purchase, should you choose to purchase later. Only the single most current school year rental will apply toward a payoff or purchase. Note: Any payment received that is less than the balance payoff or equal to or greater than the published standard school year rental fee will be applied to your account as a re-rent payment. By making a re-rent payment, you agree to all terms expressed in this rental agreement and understand that the rental agreement starts new at the time of payment. If your account is delinquent, your credit card or debit card on file may be used at our discretion to bring your account to current status and to avoid late fees and possible legal action. Delinquent renewals are subject to the same terms and conditions as other renewals.
Return & Refund: You have the option to return the instrument any time before the end of this agreement (Due Date) with no further obligation as long as all parts and related accessories that were included with the instrument rental are returned with the instrument and the instrument is in proper working order without excessive wear or damage due to neglect, abuse, or lack of proper care. Any repair charges due or costs for replacement of any parts are your sole responsibility. Costs to replace the instrument case if it is returned with ink marks, paint, or any other markings that mar the case, are your sole responsibility; the replacement cost of a new case of the same brand and style will be charged to you upon its return. Upon the proper return of this instrument, you may be entitled to a refund if you return the instrument within the first seven months of this agreement. There is a three month minimum charge. Semester rentals are not eligible for refunds unless the rental is cancelled within three days of instrument delivery. To calculate a school year rental refund, take the School Year Rental Payment, and divide it by ten (the average number of months that most school systems are in session). For example: $169.00 divided by ten, for a monthly fee of $16.90. Add any applicable taxes, multiply by the number of months you had the instrument, subtract that figure from the school year rental payment and that is your probable refund. All refunds will first be approved by management and may take up to two weeks to be completed. To return this instrument, you may bring it to our location during business hours. If you wish to have the instrument picked up at school (where available) or if you wish to return it by the courier of your choice, you must first contact Star City Music and receive a Return Authorization Number. After receiving a Return Authorization Number, you have seven (7) days to return the instrument to the store in person or by package courier (such as UPS) with a signature required as proof of delivery. It is recommended that you insure the instrument during shipping -- you are responsible for loss or damage during return shipping. Clearly mark your Return Authorization Number on the package and on paper affixed to the instrument case, and ship to: Returns [RMA #], Star City Music, 2030 East Main St., Salem VA 24153. Once the instrument has been returned, your school year rental payment is no longer available as credit toward any purchase option and the credit cannot be reinstated. A reinstatement period is allowed only in states where such a period is mandatory, however we cannot guarantee your original instrument will be returned to you if you decide to reinstate. Should a security deposit have been taken, it will be refunded to you by check within 2 weeks of satisfactory return of the instrument providing the account is current.
Repair & Replacement: Upon loss of the instrument due to burglary, theft, or fire, a Police Report is required within fifteen (15) days as "proof of loss." The instrument will be replaced with a similar kind and quality (not a new instrument). Upon damage to the instrument, except by your willful act or gross neglect, Star City Music shall repair the instrument at no cost to you, waiving its normal $60.00 minimum repair charge. Repair & Replacement coverage includes damage to the instrument, but does not include the finishes, strings, speakers, reeds, drumsticks, drumheads, bow hair, rosin, bridges, mouthpieces, pads, neck straps, ligatures, or caps. The Repair & Replacement option covers problems that hinder the proper working order of the instrument, and does not include any type of cosmetic repair. ALL REPAIRS must be performed by Star City Music and/or a technician approved by Star City Music. Coverage will expire at the end of the school year (due date) with the option to renew the coverage. Periods of coverage must be contiguous. If you do not elect to continue the coverage prior to the due date, the coverage cannot be reinstated later.
Exchange: You may exchange this instrument for a like-priced instrument with no exchange fee for the first exchange and $30.00 for each exchange thereafter. If the previous instrument was new; the instrument for which you exchange will be of like kind and quality (not necessarily new). Only the basic amount (for example, $289 new or $189 used), will be credited towards the balance of the next instrument. When exchanging to a more expensive instrument you will receive full credit for the school year rental payment. Any balance will be due at the time of exchange. String instruments are allowed to be traded in for a larger size as the child grows. 100% of the monies you have paid (less any taxes or late fees) will be credited towards the larger instrument according to the terms of the original agreement. (Should an exchange be made without a new agreement, you agree that the terms of this agreement will follow with each instrument and exchange.)
Default: If the balance of this agreement is not paid within 7 days of the due date, or in the event your re-rent renewal payment fails, all monies paid will no longer be available toward the balance payoff. This agreement will convert to our standard month-to-month rental fee figured at 10% of the selling price charged monthly until (a.) the instrument is returned, and/or (b.) the balance payoff is paid in full. If you fail to perform any part of this agreement, Star City Music may declare the full balance due immediately, collect legal fees, interest, or any other costs incurred, in order to recover the balance. Reasonable costs of collection, including attorney fees, (if an attorney is employed to collect this debt) and the sum of $75.00 for repossession if necessary will also apply. Upon default, all of your School Year rental credit will be void and you will be liable for any balance due and immediate return of the instrument.
Disputes: You agree that any claim or dispute arising from or related to this agreement shall be resolved by binding arbitration by and under the Code of Procedure of the National Arbitration Forum (NAF) in effect at the time the claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, online at www.arb-forum.com or at P.O. Box 50191, Minneapolis, MN 55405. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC Sector 1-16. Nothing in this agreement shall prevent Star City Music to collect under its rights, terms and conditions.
Assignment: Star City Music may assign this agreement to a third party at any time, provided that any such assignment shall in no way affect the purchaser’s rights, options, or liabilities.
Facsimile & Electronic Transmission: Upon placing an online order for an instrument rental, and checking the box confirming that you have read both the terms and conditions of your rental and the rental agreement document, you understand that these actions constitute a legally binding electronic signature confirming that you acknowledge and agree to the above agreement and terms. Also, if this agreement is executed by you and thereafter sent to Star City Music by facsimile or electronic transmission, such transmission shall constitute your acceptance of the agreement and will be admissible for all purposes as the original agreement.
Cancellation: You may cancel this agreement, without penalty or obligations within three (3) days from the date you take delivery of the instrument. If you cancel, any payments you have made less any delivery and cleaning charges will be returned to you, provided the instrument has been returned to the location where it was rented in the same condition as when received, and includes any packing materials, warranty cards, manuals, papers and original unopened box.
INSTANT CREDIT: I AUTHORIZE STAR CITY MUSIC TO USE MY VISA, MASTERCARD, DISCOVER, OR AMERICAN EXPRESS CREDIT CARD AS A GUARANTEE OF PAYMENT FOR THE ABOVE INSTRUMENT. IF ANY PAYMENT IS MORE THAN 7 DAYS PAST DUE OR IF THE ACCOUNT IS IN DEFAULT, I AUTHORIZE STAR CITY MUSIC TO CHARGE THE CREDIT CARD ON FILE AS NEEDED.