Band Rental Terms & Conditions

Tom Lee Music Instrument Rental/Purchase Agreement Terms & Conditions of Use

1. All rental payments accumulated under this Agreement (“Rental Credit”) will be applied towards the purchase of the instrument indicated on the above portion (the “Instrument”) at the Rent-to-Own price indicated on the above portion (the “Price”).
2. If the Lessee purchases the Instrument outright within the first 24 months, Tom Lee Music will offer a 20% discount on the balance owing for the Instrument on the Agreement (the “Balance”) if the Lessee account is paid up to date. The Balance is the Price of the Instrument less Rental Credit. For yearly rental plans, this discount on the Balance is not applicable. If more than one rental agreement is held by the Lessee for other instruments, only the Rental Credit for this Agreement can be applied to purchasing this Instrument outright.
3. The minimum rental period for new or used instruments is 2 months.
4. Pre-authorized payments are required by [credit card (Visa, Mastercard, American Express) or direct debit from the Lessee’s bank account] (the “Payment Method”) for all Agreements. Lessee must supply credit card information as security, regardless of Payment Method. A $20 service charge applies to any NSF cheques or declined transactions, and the Lessee authorizes Tom Lee Music to charge the Payment Method for the amount of the NSF cheques or declined transaction plus a $20 service charge. The Lessee authorizes Tom Lee Music to charge expenses incurred from damages, overdue charges, or missing accessories or parts cost to the Payment Method. If any amount is overdue for more than 7 days, the Lessee authorizes Tom Lee Music to charge the Balance, as well as any overdue or otherwise outstanding amounts including service charges, collection fees inclusive of lawyer/bailiff/possession/court fees (the “Charges”), to the Payment Method immediately. Also, Rental Credit under this Agreement will be forfeited entirely, and Tom Lee Music reserves the right to demand the return of the Instrument. The Lessee also agrees that Tom Lee Music, its agents, servants and employees may enter upon his or her premises with or without process of law and recover possession of the instrument(s) should Lessee default on any of these terms and conditions. The Lessee is also responsible for and further indemnifies and save harmless Tom Lee Music for any and all costs of repossession of the instrument if any proceedings of any nature or kind whatsoever are required to repossess the instrument. Overdue amounts will be levied a monthly charge of 2% on the overdue total amount. This charge will continue until the Instrument is returned or purchased outright and Charges are fully paid, or the Balance to date including Charges are fully paid up.
5. The Lessee agrees and is responsible to inform Tom Lee Music of any changes to the above portion of this Agreement, including change of address, phone number, or Payment Method. Failing to inform Tom Lee Music within 7 days of such changes will constitute a breach of the Agreement and result in a demand for the return of the Instrument.
6. The Lessee authorizes Tom Lee Music, or its agent, to perform credit check on the Lessee upon the execution of this Agreement. Tom Lee Music is authorized to perform such credit check and put notice on the Lessee's report whenever it is deemed necessary by Tom Lee Music for the enforcement of this Agreement.
7. Title and ownership of the Instrument shall remain the property of Tom Lee Music, and the Lessee agrees to keep the property free and clear of all liens and encumbrances until the Instrument is purchased outright or until the Rental Credit is equal to the Price plus applicable taxes and Charges, after which Tom Lee Music relinquishes title to the Instrument, the Agreement will be terminated, and the Tom Lee Music Protection Plan (the “Protection Plan”) if taken will be considered cancelled.
8. The Lessee shall be responsible for transport of the Instrument to and from Tom Lee Music, whether returned on termination of the Agreement or for repair. All transportation costs are the responsibility of the Lessee.
9. Yearly Rental Plans require 10 months (September to June) payment in advance at time of rental. Instrument must be renewed or returned by June 30. If the Instrument is renewed for another year by June 30, the July and August rental will be free. If the Instrument has not been renewed or returned by June 30, the Lessee agrees that the Agreement will continue for another year (September to June) and authorizes Tom Lee Music to charge the Payment Method on July 1 at the yearly rate and Protection Plan (if previously taken in the immediate past year) for the Instrument. If the Lessee returns the Instrument after June 30 and the yearly payment has already been charged, the yearly payment will be refunded less the accumulated monthly rate for the Instrument for each month the Instrument is kept after June 30.
10. Playability maintenance adjustments are performed free of charge for the duration of this Agreement. This does not cover damages incurred on the Instrument. 3rd party repairs are not allowed on the Instrument. If evidence is found of a 3rd party repair, the Protection Plan is voided and Lessee must pay full repair charges.
11. The Lessee accepts full responsibility for loss, damage, destruction, theft or failure to return the Instrument. The Lessee agrees to reimburse Tom Lee Music in full, the Balance, plus Charges. If the Lessee is covered by the Tom Lee Music Protection Plan (the “Protection Plan”), see Clause 12 below. The Lessee agrees to admit to theft if they fail or refuse to return the Instrument to Tom Lee Music upon failure to pay the Balance and Charges. Tom Lee Music reserves the right of inspection and charge up to three months after return.
12. Tom Lee Music Protection Plan
Protection plan is only applicable to School Band Instrument Program. Determination of the cause of damage and degree of repair required will be made solely by Tom Lee Music. The Protection Plan is optional and covers loss, accidental damage and destruction, and theft. Minor repairs or repairs for accidental damage are covered up to the deductible amount. Under the Protection Plan, the Lessee agrees to pay the deductible where major repair is required and the cost is beyond the deductible amount. The Protection Plan does not cover abuse or neglect, which will void insurance. It also does not cover missing Instrument parts or accessories. The Protection Plan is invalid if the Instrument is taken outside of British Columbia. Claim for theft or loss must include a police report. The Lessee agrees to pay the deductible in the event of theft or loss. Deductible amount is $100 for used Instruments, and $200 for new Instruments. Whether the Lessee takes the Protection Plan or not, Rental Credit will not be transferred to the new rental instrument that replaced the stolen, lost or unrepairable Instrument and the Agreement will be considered terminated. The new rental instrument will be under a new Agreement. A loaner instrument will be provided free of charge, when possible, when the Instrument is under repair. There is no Protection Plan coverage for loaner instruments. The Lessee is responsible for all damage and loss charges on loaner instruments.
13. The Lessee may terminate this Agreement at any time by returning the instrument to Tom Lee Music and paying any outstanding Charges. The initial two month payment is non-refundable. For monthly rental plans where the Instrument is returned early by the Lessee, the Lessee acknowledges that monthly rental fees will not be refunded. Note: DO NOT RETURN THE INSTRUMENT TO THE SCHOOL as this does not constitute the return of the instrument to Tom Lee Music. Rental Credit is forfeited at the termination of the Agreement. A 3-day grace period is allowed for returning the Instrument to Tom Lee Music. This Agreement remains in place until the Instrument (and all accessories) has been returned in good working order to Tom Lee Music at the Lessee’s expense or the Instrument is purchased outright. Tom Lee Music reserves the right to terminate the Agreement at any time due to excessive damage caused to the instrument by malicious use. Determination of cause of damage is at the discretion of Tom Lee Music.
14. Exchanges
Tom Lee Music will allow for the Instrument to be exchanged within the first 12 months of the Agreement. If the Price of the second instrument is of equal or greater value to the original Instrument, Rental Credit from the original Instrument will be transferred in full to the second instrument. If the Price of the second instrument is of lesser value than the original Instrument, Rental Credit will be transferred to the second instrument pro rata to this lower Price. The Start date of the original instrument rental, not that of the exchange, will apply with respect to monthly customers. Rental Credit for the Instrument cannot be applied to an exchange after the first 12 months of the Agreement. Exchange is only applicable to instruments on the School Band Instrument Program brochure. Exchange is allowable for accounts in good standing and if the rental period is uninterrupted. If more than one rental agreement is held by the Lessee for other instruments, only the Rental Credit for this Agreement can be transferred to the exchanged instrument. Exception for Orchestral Strings: After 12 months, 60% of the Rental Credit can be transferred for each exchange from a smaller size to a larger size String Instrument (up to 4/4 size), but exchanges between same-size instruments remain not permitted. In addition, once the Rental Credit is transferred to the exchanged String Instrument, the Rental Credit may not be transferred again.
15. Guaranteed Buy Back (for purchased instruments only): If returning a purchased instrument from Tom Lee Music’s School Band Instrument Program, a minimum 3 months rental payment will be charged based upon the monthly rental rate of the brochure of the purchase year. When returning the purchased instrument, the Lessee must also return the music stand; or will be charged the price of the music stand.
16. The Lessee acknowledges that any changes in Provincial or Federal sales tax (PST, GST) will be reflected in amounts due.
17. The Lessee agrees that the instrument was received in good working condition with all necessary accessories at the Effective Date of this Agreement.
18. The Lessee acknowledges the receipt of a duplicate of this Agreement
19. The Lessee acknowledges that these terms and conditions of use are subject to change without notice.