Azure Violins' Rental Policies:
All instruments from Azure Violins leave the store in good playing condition and good repair. There are no open seams or open cracks. The instrument, case, and bow have been set up, adjusted, and checked by an Azure Violins luthier.
2. RENTAL PAYMENTS AND OWNERSHIP:
Your rental payments include Maintenance Plan Coverage and Taxes. Maintenance Plan fees and taxes do not apply towards Rental Credit. You will not own the instrument until you have paid the total amount of Rental Fees necessary for ownership. You must not move the instrument from the address shown in this Agreement without our written consent. You must not sell, pawn, dispose of or pledge the instrument as security while this Agreement is in effect.
3. LIABILITY FOR LOSS OR DAMAGE:
You are fully responsible for loss, theft, damage to or destruction of the instrument from all causes in excess of normal wear and tear, up to a maximum of the fair market value of the instrument except for instances covered by Maintenance Plan.
4. MAINTENANCE PLAN:
A Maintenance Plan is included automatically with your rental. It accounts for $6.00/month for violin and viola rental fees, and $10.00/month for cello rental fees. The Maintenance Plan is void if payments are past due. Under the Maintenance Plan, you will not be liable for loss of or damage to the instrument due to theft from a secure location or fire. You must give us a Police Report showing forced entry within 72 hours of the theft. If you claim a loss under the Maintenance Plan, you agree that we have a right to any of your recoveries under any insurance policies to pay for damages or loss of instrument.In cases of accidentally destroyed instruments, the Maintenance Plan covers the first incidence but you forfeit all of your rental equity up to the most recent payment before the damage happened. “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. Destruction or loss of a second instrument will result in a damage fee being owed by the renter and loss of Maintenance Plan coverage. The Maintenance Plan covers certain repairs at no charge to you unless the damage is due to your willful act or negligence, in which case our standard repair rates apply. The Maintenance Plan will cover one additional set of strings (or four individual strings) in a 12-month rental period, general wear and tear, and most damage within reasonable repair. If you have purchased a spare set of strings from us and need to change the size of your instrument, bring in any unused and unopened strings from your spare set — we will exchange your string set to match your new instrument’s size. The Maintenance Plan does not cover Heat Damage or theft from a motor vehicle. Never leave your instrument unattended in a motor vehicle. The Maintenance Plan does not cover mysterious disappearance from buses, school classrooms, or lockers. Instruments damaged or lost during air travel are not covered by the Maintenance Plan. Please contact us for tips on how to best protect your instrument during air travel. The Maintenance Plan does not include damage to finishes, cosmetic damage to cases, case feet, string breakage (after the first four strings in a twelve month period), bow hair, rosin. Repairs performed outside of Azure Violins are not covered by the Maintenance Plan. Repairs performed by yourself or a third party may damage the instrument further. Please visit or contact us first if you believe your instrument is in need of repair.
5. OTHER FEES:
Late Fee: $10 reprocessing fee on payments not received within 10 days after the due date. Returned Check Fee: $25.00. These fees are subject to change if state law changes. You are always more than welcome to pay earlier than your due date, or pay multiple months in advance!
If you fail to make a rental payment within 10 days of the due date, or fail to observe any other term in this Agreement, you are in default and this Agreement terminates. We also have the right to pursue all legal remedies we may have against you for amounts you owe or for failure to return the Instrument to us. This may include charging your credit card, transferring your account to a collection agency, filing suit, or other relief. In such case, you may be liable for past due rental fees, including an 18% finance charge on balances over 30 days past due, late fees, legal fees, court costs, collection costs, and the value of the Instrument if you do not return it. After 21 days of non-payment any accumulated rental credit is forfeit. Azure 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 an Azure Violins representative travels to repossess a rental outfit, travel fees will incur to you based on travel and labor expense (minimum $50 fee) as determined by Azure Violins. If you are in default, Azure Violins reserves the right to report your credit and payment history to any of the credit reporting agencies at our option.
You can terminate this Agreement at any time, without penalty, by returning the instrument to us in good condition, fair wear and tear excepted. All original issue accessories such as strings, cases, instrument parts, and bows must be returned with the instrument, or you must pay for them at the time of return. Returning your instrument to Azure Violins is always your responsibility, even if you received your rental at a school or another location. This Agreement remains active and rental fees will continue to be charged until the instrument is physically received at our location in Raleigh and you have received a return receipt from us. Shipping, transportation, and insurance costs are always your responsibility. Please contact us for advice on packing and shipping instruments.
If you default on your payment, this Agreement expires. You may reinstate it without losing any rights previously acquired by returning the instrument to us when instructed. You will have 21 days from the date of return to reinstate by making all payments due. If you reinstate, we will furnish you the same instrument or an instrument of comparable quality and condition.
9. BILLING AND CHANGE OF ADDRESS OR CREDIT CARD:
You will receive billing statements from us (unless you are set up on Automatic Billing) at the address listed. You must inform us in writing of any address changes. All rental payments are due in advance. While you may return an instrument at any time, no part of any paid rental fees are refundable. Note: You are responsible for your monthly payments even if you do not receive a bill. Errors in the billing process and with the postal service may occur. Rental fees are not contingent on practice or lesson schedules or time in the repair shop. You authorize us to receive updated credit card information including a new number or expiration date from the credit card issuer. You can cancel this authorization at any time by notifying us. You authorize us to charge any active card on file for any past due payments.
10. CREDIT AND COLLECTIONS:
You agree to allow us to obtain a personal credit report at any time during this Agreement. You agree to allow us or our agents and assigns, including debt collectors, to contact you via telephone, text message or e-mail, directly or by using a dialer, automatic telephone dialing system, interactive voice recognition system, or artificial or prerecorded voice or message, at any number or e-mail you have given us or that we have on file (whether home, cell, or mobile service), even if you are charged for the call or e-mail service. You expressly agree to be contacted via such automated calls.
Applicable state and local taxes are in addition to our prices and rates.
You can purchase another instrument, of equal or greater value, at any time after the original rental date. A portion of your paid rental fees can be applied toward the purchase of an instrument from Azure Violins. Renters may use 100% of the first year’s rental fees (excluding tax and Maintenance Plan) paid, and the following percentage of rental fees (excluding tax and Maintenance Plan) paid during subsequent years: 60% on acoustic violins, violas, and cellos owned by Azure Violins or 20% on all other approved items at Azure Violins up to MSRP of the rental instrument. Credit can only be applied toward a one time single item purchase of greater value and will apply toward the current Azure Violins MSRP. Rental Credit will be held on account for a maximum of 30 Days following the close of a rental, after which it will be forfeited. Rental credit cannot be applied to On-Line Purchases through www.azureviolins.com. Rental credit may not be used in conjunction with discounts, offers, promotions, or trade in credit. Rental credit from multiple contracts may not be combined, even if the contracts are within a family, individual, or account. Rental credit may not be used to pay for past-due rent or fees and costs associated with delinquency or repair. Azure Violins will accept instrument trade-ins from the original purchaser when applied toward the purchase of an instrument or bow of the same type being traded, and is equal or greater in value than the instrument being traded. We will apply 100% of the instrument's retail value, minus any discounts you received, minus a reconditioning fee. Azure Violins will determine reconditioning fees, repair costs, and the final trade-in value at our sole discretion. Trade-ins must have all of the original components. Instruments cannot be traded for a consignment instrument, another rental outfit, or an electric or fretted instrument.
13. RENTAL INSTRUMENT EXCHANGE POLICY:
At any time during this Agreement, you may exchange the instrument for a different size or rental plan and apply rental payment percentages made (not including taxes, fees, or Maintenance Plan). You agree to pay any increase in rental fees that may result from a rental plan upgrade. This policy is only available if your account remains current throughout its term. (If you exchange instruments without signing a new Agreement, you agree that the terms of this Agreement will apply to each instrument and exchange.) Rental rates in effect at the time of exchange will apply. If you wish to exchange to another rental instrument, Azure Violins will exchange the instrument requested to a brand and condition of Azure Violins' choice.
14. SECURITY DEPOSIT:
If you pay a security deposit, we can use it on any outstanding balance under this Agreement at our option when this Agreement terminates. You are still required to make monthly rental payments for as long as this Agreement is in effect. Upon satisfactory return of the instrument, we will refund the deposit to you within 4 weeks of the actual return date, less any amounts you owe us. Unless required by law, we do not keep your security deposit in a separate account, and it does not bear interest.
15. TITLE TO THE INSTRUMENT:
We own the instrument until you make all rental and other payments required under this Agreement. If you declare bankruptcy, we retain title, and the instrument must be returned to us immediately. You do not have the right to keep the instrument if you do not make all of the payments necessary for ownership. By signing this Agreement, you accept all liability for making timely rental payments under this Agreement as well as for the condition of the instrument until it has been returned to us or you have purchased it. If you want to change the identity of the rental customer/lessee, you must get such a change cleared in writing through our office.
16. IF YOU SIGN THIS AGREEMENT AWAY FROM OUR STORE, YOU MAY CANCEL THIS AGREEMENT AND GET A FULL REFUND AT ANY TIME BEFORE MIDNIGHT OF THE SEVENTH DAY AFTER YOU SIGN. SEE OUR NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF YOUR RIGHTS. This agreement is subject to change at any time.
17. E-MAIL OPT-IN:
By supplying us with your e-mail address, you have agreed to receive promotional messages, helpful instrumental tips and valuable coupons via e-mail. Your information is always kept confidential. We do not sell or share this information. This opt-in permits Azure Violins to enroll you in a customer loyalty program.
18. We reserve the right to make corrections which might be necessary due to mathematical errors caused by our systems or staff. You are entitled to a full accounting at any time and upon request.