Rental Contract Terms and Conditions
Effective June 7th, 2019
1) ACKNOWLEDGEMENT: All instruments from Potter Violins leave the store in good playing condition and good repair. There are no open seams or open cracks. The bow hair, strings, and instrument have been set up and adjusted by a Potter Violins luthier. If you are picking up the instrument at our store, please examine the instrument before you leave. Should your instrument be damaged during shipping, you have 4 days after receiving the instrument to contact us regarding the type and extent of the damage. We recommend you photograph the damage if possible. After the 4 day period has passed, you will assume the cost to repair any and all damage to the instrument.
2) This is NOT a “rent-to-own” program. The instrument you have rented is NOT for sale.
3) RESPONSIBILITY FOR OUTFIT: You assume full responsibility for the rental outfit (instrument, bow, and case), including paying 100% of the costs for any and all repairs unless you have opted-in for the Protection Plan. In the event the instrument or bow is deemed “damaged beyond repair,” you are held liable for the full retail value of the instrument or bow. Experienced string players expect to have their instruments serviced on a bi-annual basis to keep the instrument in optimal performing condition in which you are responsible for rehairing bow every six months and changing strings at that time.
4) PROTECTION PLAN: For an additional fee, Potter Violins offers a Protection Plan which greatly reduces the cost of repairs due to accidental damage or replacement if it is deemed “damaged beyond repair” (please note this is not insurance against loss). If the Protection plan is purchased, Potter Violins will cover 60% of the total retail value thus reducing your liability to 40% of the total retail value of the instrument or bow. “Damage beyond repair” can include, but is not limited to, cracks to the front, back or sides of the instrument, significant damage to the varnish or damage to the scroll or any breakage of the stick of the bow. The Protection Plan does not cover loss or theft of the instrument or bow and does not cover bow rehairing or new strings. Potter Violins recommends you acquire insurance for the rental instrument with your homeowners or renters insurance company to provide coverage in the event of loss or theft. Potter Violins will repair any defects due to manufacturing or materials free of charge with the exception of strings and bow rehairing.
5) MAINTENANCE: One of the goals of our program is to help beginning players develop good habits regarding the care and use of their instrument. The instrument is leased in good condition, recently serviced with strings and bow hair in good condition and ready to be played for 120 hours (6 months) without needing to replace hair or strings with normal use. Our rental fees only cover the use of the instrument and bow, not the replacement of strings and bow hair. Instruments should be returned in a recently serviced condition ready to be used by another customer. You hereby agree Potter Violins is authorized to assess charges for deferred maintenance or repairs any time an instrument or bow is returned or exchanged. You agree Potter Violins retains sole discretion in determining the costs of deferred maintenance. Please remove any stickers, tapes, and/or teaching aids that have been applied to the instrument. You may be subject to charges by our workshop for the removal of anything applied to the instrument.
All repairs to any rental instrument or bow must be done by Potter Violins. You may either bring the instrument/bow to the store or call us at (301) 652-7070 to receive instructions regarding shipping the instrument/bow back to Potter Violins. Shipping costs are at your expense.
6) EXCHANGE: You may exchange the instrument for a different size or rental plan at any time. You agree to pay size change fees of $20 for violin and viola, and $25 for cello. You agree to pay any increase in rental fees that may result from a rental plan upgrade. If an exchange is requested of an instrument and/or bow of the same size, you may be subject to the cost of a new set of strings and/or bow rehair for the instrument being returned. All shipping charges, including insurance, associated with an exchange of instrument are your responsibility. Rental credit accumulates monthly and is not affected by size exchanges.
7) RETURN: Our contract opens with a required three-month minimum participation. While you may return an instrument at any time, no part of the three-month minimum is refundable. Returning your instrument to Potter Violins is always your responsibility, even if you received your rental at a school or another location. Your contract remains active and rental fees will continue to be charged until the instrument is physically received at out location in Takoma Park. Shipping, transportation, and insurance costs are always your responsibility. Please contact us for advice on packing and shipping instruments.
8) RENEWAL: This contract will run for an initial minimum term of three months and will automatically renew on the first of each month. Rental fees will continue to be charged until the instrument is in the possession of Potter Violins.
9) RENTAL CREDIT: 100% of the first 18 months’ rent may be applied toward the purchase of the instrument or bow of your choice from our retail models as outlined below.
- A maximum of 18 months rental credit may be applied toward the purchase of select instruments, regardless of how long the instrument has been rented.
- Rental credit may be used to cover up to 50% of the purchase cost of an instrument or bow.
- Rental credit may be used to pay for up to 50% tuition for any Suzuki (SAA) or ASTA sponsored event.
- Rental credit may not be combined with trade-in credit or promotional discounts.
- Rental credit is non-transferable and non-refundable.
- Rental credit from multiple contracts may not be combined, even if the contracts are within a family, individual, or account.
- Rental credit must be used within 60 days of cessation of the contract, and unused rental credit will be forfeit after that time.
- Rental credit may not be used to pay for past-due rent or fees and costs associated with delinquency or repair.
- Tax and the Protection Plan are not included in rental credit accumulation.
10) BILLING TERMS: You agree to provide Potter Violins a valid credit card number which all rental fees will be charged for the duration of the contract. Monthly payments will be charged in advance to the supplied credit card until the instrument is returned. You are responsible for maintaining a valid credit card number with Potter Violins. Failure to do so may result in cancellation of this contract, forfeit of all rental credit and possible fees associated with collections of the debt incurred. Potter Violins reserves the right to charge rent with the payment method on file any time during the calendar month of the payment due date. Monthly rental fees are charged in advance and no refunds are issued for early returns within the first three months. You are subject to 6% Maryland tax unless otherwise exempt.
Potter Violins requires notice of contract cancellation in the amount of final month’s rent. If you cancel prior to your billing for the month in which you returned your rental, you will be charged for that month’s rent in full.
11) DELINQUENCY: You will be liable for all rental fees, including an 18% finance charge on balances over 30 days past due and any other costs resulting from the enforcement of the terms of this contract. These costs may include but are not limited to: shipping charges, attorney fees, collection fees and/or court costs. Should you default on three consecutive monthly payments, then this contract is deemed defaulted and any accumulated rental credit forfeit. Defaulted accounts may be referred to collection or legal action. Potter Violins shall be entitled to take possession of the instrument at any location where the instrument may be found, with or without your knowledge. In the event a Potter Violins representative travels to repossess a rental outfit, travel fees will incur to you based on travel and labor expense (minimum $35 fee) as determined by Potter Violins. In cases of non-payment, you are also liable for the full retail value of the instrument, and Potter Violins reserves the right to charge said purchase price to any payment method on file.
12) CHANGE OF CONTACT/CREDIT CARD INFORMATION: In the event there are changes to your address, phone number, email, or credit card(s) on file, you agree to contact Potter Violins within 10 days with the new information.
13) This contract is a contract under seal and intended to be a specialty under Maryland law.