Musical Instrument Rental Agreement - KBB Music

Musical Instrument Rental Agreement
KBB Music
377 Manukau Road, Epsom, PO Box 9788, Newmarket, Auckland
Ph (09) 630-2577 Fax (09) 623-8033 Freephone 0800 775 226
Email hires@kbbmusic.co.nz Web www.kbbmusic.co.nz
KBB Music Takapuna 124 Anzac Street, Takapuna, Auckland. Ph 09 489-4131, Fax 09 489-4191
KBB Music Botany Shop 42, Botany Town Centre, Auckland. Ph 09 271-2642, Fax 09 271-2643
KBB Music Hamilton 342 Barton Street, Hamilton. Ph 07 838-3819, Fax 07 838-3451
KBB Music Wellington 40 Cuba Street, Te Aro, Wellington. Ph 04 472-2526, Fax 04 472-1262
KBB Music Christchurch Shop 5/1-5 Amyes Road, Hornby. Ph 03 344-0366, Fax 03 344-0367
Customer Number
Renter Details Complete in full - Renter must be 18 years or over
Please Circle
First Names
Ms / Mrs / Mr / Miss
Last Name
Address Postcode Home Phone
( )
Email Address
Mobile Phone
( )
Nearest Relative or Friend NOT at the same address Address of Nearest Relative or Friend Phone No. of nearest relative or friend
( )
Employer’s Name (You or Your Partner) Occupation Work Phone
( )
Name of Person Using Instrument (if not same as Renter)
Name of School
Address where Instrument is to be couriered to - if different to above. Please note: Delivery to Rural Addresses can take up to 3 days.
Details Required for Identification Purposes All Renters must complete this section
Driver’s Licence Number Drivers Licence Version Number (Line 5b) Date of Birth # Verified - Staff
Instruments & Accessories to be Rented - Minimum 3 month rental term
Instrument Description (Brand, Model and Size) Instrument Serial Number Instrument Value (RRP)
$
Accessory 1 (Brand, Model and Size)
Accessory 2 (Brand, Model and Size)
Accessory 3 (Brand, Model and Size)
Accessory 4 (Brand, Model and Size)
Stock Code
Stock Code
Stock Code
Stock Code
$
Rental Type: Deluxe Rental (includes Servicing) Budget Rental Rental Amount $
Rental Period: Monthly Half School Year Full School Year Instrument Protection $
Value (RRP)
$
Value (RRP)
$
Value (RRP)
$
Value (RRP)
Initial
Service Package for Budget Rentals only: optional but recommended
$5.00 per month for Monthly Rental $25.00 for Full School Year Rental
Notes
Service Package
(if applicable)
$
Courier (if applicable) $
Half School Year and Full School Year Rental Plans require full payment in advance.
Monthly Rental Plans require first month’s payment with this agreement. Total Payment $
Payment Details - All agreements are subject to credit approval For non-store pickup rentals, an initial payment must be provided
I have completed the supplied Direct Debit form with my bank account details, and agree to make payments as they fall due.
Initial payment $ _____________
Required for non-store pickup rentals
Direct Debit Payments* $ _____________
Please complete the following for non-store pickup rentals, or if the instrument is to be couriered to you.
Credit Card (Please circle)
Visa / Mastercard / Amex
Next Payment Due
Monthly Half School Yearly
Full School Yearly / /
Credit Card Number CSC # Cardholder Name Expiry Date
*All monthly Direct Debit payments will be processed by KBB Music on the first working day or the 15th of every month.
Please turn over
© KBB Music, 2013

Musical Instrument Rental Terms and Conditions
1. Definitions:
1.1 In these Terms:
Accessories means the accessories that are rented with the Instrument including (but not limited to)
neckstraps, mouthpieces, ligatures, caps, cleaning rods, bows, shoulder rests, power adaptors, note rests,
keyboard stands, foot pedals, bags;
Full School Year Rental commences on the date payment of the Rental Amount is made and ends on 15
December of the same year (subject to these Terms);
Half School Year Rental commences on the date payment of the Rental Amount is made and ends on
30 June or 15 December, whichever is earliest (subject to these Terms);
Instrument means the instrument specified in the Rental Form and shall where necessary include any
variation to the Instrument as agreed in accordance with these Terms;
Instrument Protection means the instrument protection (if any) purchased by the Renter;
KBB or KBB Music means Webb Enterprises Limited t/a KBB Music;
Monthly Rental commences on the date the first payment is made and continues on a monthly basis until
the Instrument and Accessories are returned (subject to these Terms);
Rental Amount means the rental amount specified in the Rental Form and includes any variation to the
Rental Amount as agreed in accordance with these Terms;
Rental Form means the attached Musical Instrument Rental Agreement;
Rental Period means the rental period specified in the Rental Form being either Monthly Rental,
Half School Year Rental or Full School Year Rental;
Renter means the person named in the Rental Form and includes his/her successors and permitted
assigns;
Terms means these terms and conditions as they are amended from time to time.
2. Rental Amount and Payment
2.1 For Monthly Rentals:
2.1.1 The Renter shall pay the Rental Amount and if chosen, the Instrument Protection and/or Service
Package each month. Payment shall be made by Direct Debit on the first or the fifteenth of each
month (unless that day is a weekend or public holiday in which case payment shall be made the
next working day).
2.1.2 KBB Music may, by giving prior written notice, vary the Rental Amount due from time to time.
2.2 For Half School Year Rental and Full School Year Rental:
2.2.1 The Renter shall pay the Rental Amount and if chosen, the Instrument Protection and/or Service
Package, in advance.
2.2.2 If the Rental Period is renewed in accordance with clause 3.3, the Renter shall pay the Rental
Amount for the renewed rental period by Direct Debit the next working day after the new rental
period commences. KBB Music may by prior written notice vary the Rental Amount due for the
renewed rental period.
2.3 No refunds are given if the Instrument is returned before the expiry of the Rental Period.
2.4 If the Instrument is returned after the expiry of the Rental Period, the Renter shall pay a daily rental fee of
$2.00 for every day that the Instrument is late.
2.5 In the event that a Direct Debit is rejected on the due date, the Renter authorises KBB Music to process a
Direct Debit at a later date until payment is made.
2.6 Payment is to be made without deduction or set off and in such manner as KBB Music shall stipulate from
time to time.
2.7 All prices in the Rental Form are inclusive of GST. The Renter shall pay all additional expenses in addition
to the costs set out in the Rental Form.
2.8 The Renter is responsible for all freight charges including freight charges in relation to the return or change
of Instrument and/or Accessories and the servicing or repair of Instrument and/or Accessories.
2.9 KBB Music will not be bound by clerical errors or omissions whether in computation or otherwise in the
Rental Form, any quotation, acknowledgment or invoice and the same shall be subject to correction.
2.10 All expenses, disbursements, legal costs (on a solicitor/own client basis) and/or debt collection agency
fees incurred by KBB Music in the enforcement of any rights arising from these Terms shall be paid by the
Renter on demand from KBB Music. If not paid within 5 days of the date of the demand those costs shall
incur interest at the rate of 15% per annum calculated on a daily basis.
3. Term and Termination
3.1 Unless terminated early in accordance with these Terms, this agreement shall remain in full force for the
Rental Period.
3.2 The minimum rental period for a Monthly Rental is three months. KBB Music may terminate a Monthly
Rental at any time by giving no less than 20 working days prior written notice.
3.3 For Half School Year Rental and Full School Year Rental the Rental Period shall automatically renew at
the expiry of the Rental Period unless:
3.3.1 the Instrument and Accessories (if any) are returned on or before the expiry of the Rental Period;
or
3.3.2 KBB Music gives prior written notice that the Rental Period shall not be renewed.
3.4 The Renter may not change to a different rental plan until the Rental Period has expired.
4. Return and Change of Instrument
4.1 On or before the expiry of the Rental Period, the Renter shall return the Instrument and Accessories to one
of KBB Music’s stores (for all store locations, please visit www.kbbmusic.co.nz).
4.2 The Renter may at any time during the Rental Period change the Instrument to a different instrument
within the same group (e.g. change to a bigger size or change from a flute to a clarinet) for no extra
charge. If the Renter chooses to change the Instrument they will not lose any rights to purchase under
clause 7.
5. Property
5.1 The Instrument and Accessories remain the sole property of KBB Music and title shall not pass to the
Renter at any time.
6. Default and Repossession
6.1 If the Renter fails to pay any money due or is otherwise in breach of this agreement then KBB Music
and/or its agents may without notice or demand enter any premises where the Instrument is or is believed
to be and take possession of the Instrument (including the case), Accessories and any other items affixed
to or contained in the Instrument or case.
7. Purchase
7.1 The Renter may convert from rental to purchase at any time during the Rental Period. The Renter may
choose to purchase any instrument from stock currently held by KBB Music (new or used) provided the
instrument chosen is in the same group of instruments as the rented Instrument.
7.2 Subject to the limitations set out in clauses 7.3 and 7.4 below, the purchase price of the instrument shall
be:
- the recommended retail price (RRP) (this is the price before any discounts, promotions or any other
offers)
less
- the Rental Amounts already paid (excluding Instrument Protection or Service Package) up to a maximum
of 12 months rental, the first two Half School Year Rental or one Full School Year Rental (which ever is
applicable).
7.3 If the Renter chooses to purchase an used instrument, rental monies that can be deducted from the RRP
are limited to 50% of amounts referred to in clause 7.2 above.
7.4 If the Renter chooses to purchase a digital piano or keyboard, the Rental Amounts that can be deducted
from the RRP under clause 7.2 above are limited to the equivalent of three months rental.
7.5 KBB Music may offer the Renter a rental bonus in order to purchase the Instrument or an upgrade
instrument from time to time.
7.6 KBB Music’s terms and conditions relating to purchases will apply to any purchase under this
clause.
8. Travel
8.1 The Instrument may not be taken out of New Zealand without the express permission of KBB Music.
9. Good Condition
9.1 The Renter shall keep the Instrument and Accessories in good working order and condition during the
Rental Period. The Renter shall notify KBB Music immediately of any loss or damage to the Instrument
and/or Accessories.
9.2 All servicing and repairs must be done only by KBB Music unless otherwise agreed in writing by
KBB Music. Unauthorised repairs which need to be made good will be at the cost of the Renter.
9.3 Notwithstanding anything in the Terms, the Renter agrees to indemnify KBB Music for making good any
damage to the Instrument and / or Accessories caused by abuse or neglect.
10. Servicing
10.1 If the Instrument is a Deluxe Rental Instrument or if the Renter has purchased the Service Package,
KBB Music will, at no cost to the Renter, do any service necessary to keep the Instrument in proper
playing condition (subject to the exclusions listed in clause 12 below).
10.2 If the Instrument is not a Deluxe Rental Instrument and the Renter has not purchased the Service Package
any service will be at the cost of the Renter.
11. Instrument Protection
11.1 If the Renter purchases Instrument Protection they are protected in the event of loss of the Instrument
by fire, theft, total loss or major damage (subject to payment of excess under clause 11.3.3 and the
exclusions listed in clause 12 below).
11. 2 The Renter agrees that if Instrument Protection is not chosen, the Renter is responsible for the care of the
Instrument and agrees to indemnify KBB Music for the value of the Instrument should the Instrument be
lost, stolen or damaged beyond repair.
11.3 If Instrument Protection is purchased the following apply:
11.3.1 In the event of fire or major damage, KBB Music will either repair satisfactorily or replace the
Instrument with one of like age, condition and value, at the discretion of KBB Music.
11.3.2 In the event of theft or loss, the Renter must provide KBB Music with the original copy of the
police report covering the facts of the theft or loss. The police report must include both the model
and serial numbers of the stolen or lost Instrument. The Instrument will then be replaced with one
of like age, condition and value (not a new instrument) as soon as possible.
11.3.3 Excess In the event of loss of the Instrument by fire, theft, total loss or major damage the Renter
agrees to pay the first:
- $50 of each and every claim for a violin or viola; and
- $100 for each and every claim for a cello
unless the cost of repair or replacement is less than these amounts.
12. Items not Covered by Deluxe Rental, Service Package or Instrument Protection
12.1 Notwithstanding anything in these Terms, the Renter is responsible for all servicing, repair and/or
replacement costs of the following and the following are not covered by the Deluxe Rental, Service
Package and Instrument Protection.
• Accessories supplied with the Instrument when rented.
• Any condition that does not affect the playing performance.
• Unauthorised repairs not done by KBB Music.
• Refinishing of lacquer or plated finishes.
• Consumables that would be used in the normal operation or upkeep (e.g. strings, reeds, oils,
cork grease, swabs, sticks, rosin, picks, etc.)
• Abuse or neglect however caused.
• Damage to finishes by improper cleaning.
• Attempted removal of jammed mouthpieces. Damage to brass instruments and mouthpieces caused by
attempted removal constitutes abuse and will necessitate replacement of mouthpieces at the Renter’s
cost.
13. Privacy
13.1 The Renter authorises KBB Music to collect, retain and use any information about the Renter for the
purpose of assessing the Renter’s credit worthiness, enforcing any rights under these Terms and
marketing and promoting its goods and services.
13.2 The Renter authorises KBB Music to disclose any information obtained to any other person.
13.3 To the extent required under the Privacy Act 1993 the Renter is entitled to have access to and to request
correction of personal information concerning the Renter which has been collected by KBB Music.
14. Cancellation
14.1 KBB Music shall, without any liability, and without prejudice to any other right it has in law or equity, have
the right to cancel this agreement where:
14.1.1 the Renter fails to pay any money due;
14.1.2 the Instrument and / or Accessories show signs of neglect or abuse; or
14.1.3 the Renter commits an act of bankruptcy, is insolvent, is placed in liquidation or suffers any
similar event.
14.2 Any cancellation under clause 14.1 shall not affect KBB Music’s claim for money due at the time of
cancellation.
15. Miscellaneous
15.1 The Renter may not assign all or any of its rights or obligations under these Terms without the prior written
consent of KBB Music.
15.2 KBB Music shall not be liable for delay or failure to perform its obligations if the cause of the delay or
failure is beyond its reasonable control.
15.3 Failure by KBB Music to enforce any of its rights at any time shall not be deemed to be a waiver of such
rights.
15.4 If any provision of these Terms is invalid, void, illegal or unenforceable the validity, existence, legality and
enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.5 The laws of New Zealand shall apply to these Terms and conditions and the parties agree to submit to the
non exclusive jurisdiction of the New Zealand courts.
15.6 These Terms shall prevail over the Renter’s terms and conditions (if any).
15.7 KBB Music may by written notice to the Renter alter or replace these Terms from time to time.
To avoid delay, please ensure you have completed all sections overleaf and have attached a completed Direct Debit Form.
I agree to the KBB Music Rental Agreement Terms and Conditions and understand my obligations if I do not choose Instrument Protection Plan as per
clause 11.2 above.
Signature:__________________________________________________________________________ Date:___________________________
© KBB Music, 2012