Terms, Conditions & Definitions

NOTICE TO RENTER: A) Do not sign the reverse side of this document before you read it in its entirety or if it contains any blank spaces. B) You are entitled to an exact copy of the paper you sign.

EARLY PAYOFF OPTION: If the renter wishes to purchase this instrument they will receive a 30% discount from their remaining balance at the time the final payment is made.

MONTHLY RENTAL: Renter agrees to rent this instrument on a month to month basis with return options at the end of each monthly rental period. You may rent this instrument as long as you wish if payments are kept current. All monthly payments (minus maintenance and replacement coverage) will be applied to the purchase price, as shown in the “Replacement Cost” field in Section 2.

RETURN OPTION: At the renter’s option the renter may cancel this agreement at the end of any monthly rental period without cause. Monthly rental is not pro-rated. Renter must return said instrument to Ernie Williamson, Inc (or one of its retail locations) without damage thereto, except for reasonable wear and tear, and all payments to date of return of instrument must be made. In the event of cancellation of this agreement in this manner, no refunds will be made. Expenses involved in returning the instrument are the responsibility of the renter. DO NOT RETURN TO ANYONE OTHER THAN ERNIE WILLIAMSON, INC. BE SURE TO GET A DATED RECEIPT. If a rental instrument is returned and a new instrument is not purchased, all rental payments which have been paid to Ernie Williamson Inc will be treated strictly as rent paid for the use of the instrument. Rental money is available only for use by the individual account holder who has been renting the instrument and may not be transferred to or combined with any other rental account.

REPAIR AND MAINTENANCE OPTION: While you are renting this instrument we will maintain it in good playing condition when you select this coverage. Coverage provides the following at no additional charge: pad and spring replacements, adjustments, joint repair or replacement, slide and valve work, mouthpiece removal, lubrication, bridge and soundpost adjustments or replacement, and string replacement (no more than one set every 18 months, using the brand of our choice). Excluded from coverage are: intentional acts and careless or negligent handling, finish, minor dents and scratches, reeds, straps, drumheads, sticks and repair not done by Ernie Williamsons, Inc. This coverage must be paid for monthly with your rental payment. Coverage will be suspended if payments are not kept current. Please notify Ernie Williamson if your instrument needs service.

REPLACEMENT AGREEMENT OPTION: If this option is chosen, in the event of theft or fire verified by a notarized police report while renting this instrument, the instrument will be replaced with like condition merchandise at the time of loss or the agreement cancelled at Ernie Williamson’s discretion so long as payments are current. There is a fee of $50 to replace the instrument or cancel the contract if the instrument is not returned. This agreement covers the instrument and case only and does not cover partial losses of expendable items such as bows, reeds, straps, lubricants, mallets, sticks, etc. Should your instrument be destroyed by fire or stolen, you must provide our accounting department a notarized police report within 14 days of the incident. This coverage must be paid for with your monthly rental payment. Coverage will be suspended if payments are not kept current.

EXCHANGE OPTION: In the case of an instrument exchange, the monthly rental price will be adjusted, if necessary, to the current rental price and no refunds will be given nor rent prorated for partial months paid on the original instrument. The new instrument must be the greater than or equal to the price of the previous instrument.

AUTHORIZATION OF CHARGE CARD/ACH: The customer herein authorizes Ernie Williamson Inc to bill against their credit/debit card or checking account, listed on the reverse of this contract, if the account becomes more than 10 days past due.

Autopay: Should at any time a customer who signed up for autopay wish to switch to manual payment they will be required to pay an additional $5 per month.

LATE PAYMENT: There will be a service charge of $10.00 per month on any rental payment that is delinquent by 5 days or more and renter agrees to pay this delinquency or late payment charge.

CREDIT CHECK AUTHORIZATION: By signing the contract you consent to Ernie Williamson pulling your credit history in order to establish credit worthiness. This can be done at any point before or during your rental period.

RIGHT TO CONTACT: Customer gives Ernie Williamson, Inc the right to contact the customer at home, work and via email. Customer gives Ernie Williamson the right to email statements, notices, and special promotions.

CHANGE OF ADDRESS: THE INSTRUMENT MUST BE USED AT THE SCHOOL AND ADDRESS STATED HEREIN. PRIOR WRITTEN CONSENT FROM Ernie Williamson, INC MUST BE OBTAINED IF THE INSTRUMENT IS TO BE USED AT A NEW ADDRESS OR SCHOOL DISTRICT. Failure to obtain prior written approval would be a breach of this contract and renter may be required to return the instrument or be liable for the entire replacement cost of this instrument which would become immediately due and payable.

TITLE: Renter shall not sell, lease, assign, mortgage, pledge or encumber the merchandise listed in this contract. In the event renter shall voluntarily or involuntarily be involved in any bankruptcy proceeding, this rental contract shall immediately terminate and the merchandise described above shall be returned immediately.

JURISDICTION: This contract is subject to the laws of the State of Missouri. In the event of litigation, you agree that jurisdiction will be in Greene County, Missouri, and that you will not contest jurisdiction.

DEFAULT IN RENTAL PAYMENTS: Should renter fail or neglect to make any rental payment hereunder when due, Ernie Williamson, Inc may, at its option, request renter to return said musical instrument. Upon receipt of such request, renter shall have 7 days to return the instrument to Ernie Williamson, Inc at its place of business. Upon failure to so return, Ernie Williamson, Inc may, at its option, do one or more of the following: