This agreement exists between you (“renter”) renting a musical instrument and Coles Music Service (“CMS”).  This is a rent-to-own contract, where your rental payments, less taxes and optional damage waiver fees, are applied toward the total rental cost of the instrument. When your rental payments equal the total rental cost, ownership of the instrument will transfer to you. You are never obligated to buy the instrument. After an initial trial period, your rental is automatically renewed on a month to month basis.  Only one trial period per household per school year.

1.            All instruments are brand new or previously rented.  Previously rented instruments are repaired to full playing condition, cleaned and sanitized.

2.            All rental fees are payable in advance and must be paid each month the instrument is in your possession.

3.            All rental payments (excluding late fees, damage waiver and tax if chosen) made will be applied toward the total rental cost of the instrument. There are no refunds of any rental monies paid for any reason. 

4.            Exchange options: If the instrument is exchanged without signing a new agreement, lessee agrees that the terms of this agreement apply to each exchanged instrument, with the exception of the Cash Price of each instrument.  A maximum of 12 monthly payments excluding tax and maintenance will be applied to any other instrument to which you wish to switch.  If the exchange is for one of a lesser value, the credit applied will be the rental amount that would have been accrued on the less expensive instrument.

5.            String Exchanges: Smaller size string instruments are exchanged up for larger ones as your child grows.  Most of the smaller size instruments have been previously rented and is not the instrument you will eventually purchase.   Payments made while on the smaller instruments will apply to a new full size instrument that will be issued upon the teacher's recommendation. Value of the new instrument is at current prevailing rates at the time of the exchange.

6.            We will bill you monthly as a matter of convenience but it is your responsibility that payments are made in accordance of this agreement.  In event that you do not receive a bill you can contact us directly. Payments received after that date will be subject to a $3 per month late payment fee.

7.            Any check returned as non-collectible shall incur a $20 returned check fee.

8.            You authorize Coles Music Service  to process credit card for initial rental and to charge future billing to credit card provided.

9.            You authorize Coles Music Services to automatically charge your credit card provided in the event that your account becomes delinquent.

10.         Title and ownership of the instrument shall remain with Coles Music Service until the total of all rental payments (less damage waiver and taxes and late payment fees) equals the total rental cost of the instrument.  If you declare bankruptcy, we retain title and the instrument must be returned to us immediately.

11.         Applicable state and local taxes are in addition to our prices and rates

12.         Lessee agrees that this Agreement is a rental-purchase agreement and not an installment sales contract or security agreement.  Lessee also agrees that his rental purchase agreement will be treated as a true lease in any bankruptcy proceeding.  This means that if lessee is involved in a bankruptcy proceeding, the lessee or trustee must either 1. Return the instrument or 2 assume the rental purchase agreement, cure any past defaults and make rental payments on an ongoing basis.

13.         If Lessee shall become insolvent or if a petition has been filed by or against Lessee under the Bankruptcy Act or similar federal or state statute, Lessor may immediately declare Lessee in default of this Agreement.  In the event of default, Lessor may, as permitted by law, re-take possession of the Equipment.  Lessor may, at its option, hold Lessee liable for any difference between the Rent that would have been payable under this Agreement during the balance of the unexpired term and any rent paid by any successive lessee if the Equipment is re-let minus the cost and expenses of such reletting. In the event Lessor is unable to re-let the Equipment during any remaining term of this Agreement, after default by Lessee, Lessor may at its option hold Lessee liable for the balance of the unpaid rent under this Agreement if this Agreement had continued in force.

14.         If rental payments are not made on time, Coles Music Service shall have the right to repossess the instrument at school or home and charge for reasonable collection and legal expenses.

15.         If rental fees are unpaid for more than 90 days, the account will be sent into collections.  Once the account is sent to collections, CMS has the option to terminate renters right to return the instrument and the entire unpaid portion of the instrument plus any legal and/or collections fees will be due and payable.

16.         You have the right to terminate the contract at any time by returning the instrument directly to Coles Music Service.  If returned, all rental payments are considered rental only. Any past due rental payments and services charges are due along with the return of the instrument.   The school is not involved in this agreement and instruments returned to the school remain your responsibility until CMS regains possession of the instrument.  The instrument must be returned with the accessories provided at the initial rental.  You will be billed for any accessories you fail to return.

17.         Coles Music Service agrees to supply the instrument and nothing further is indicated or implied. The Agreement and/or instrument is not transferable.

18.         You are responsible for the instrument. In the event of damage beyond normal wear, you will be responsible for the cost of repair or replacement. Only Coles Music Service may do repairs on the instrument.

19.         You may pay the instrument off early. If you decide on this option there will be a 30% discount from the remaining balance provided your rental payments are up to date.

20.         INSTRUMENT STEP-UP PLAN: Coles Music Services offers a Step-Up plan that applies rental credit from a student instrument towards certain approved performance or professional level instruments. The amount of rental credit applied is based on when you decide to step-up.  The percentage of credit allowances is listed below. If you take advantage of this offer you can continue to rent with the monthly rental amount to be adjusted according to the price of the instrument and applied toward the purchase, or purchase it with the rental credit applied and a 30% discount applied towards the balance. Accounts must be current to take advantage of this offer.

A.           100% of rental credit applies at any time during the first 18 months.

B.           85% of rental credit applies if taken within the 19th through the 27th month.

C.           70% of rental credit applies if taken within the 28th through the 36th month.

D.           After the 36th month, the amount of credit applied will be determined on a case to case basis.

21.         Lengths of contracts are typically 36 months or less.  Values of instruments range from $420.00-$3,840.00.

22.         Upon return of the instrument, renter will be responsible for any repairs unless the worry-free maintenance protection has been selected.

Worry-Free Maintenance Program

1.            If an instrument becomes damaged or deteriorates through normal use, Coles Music Service will repair or replace the instrument without charge. This does not apply to finish wear, minor scratches, or small dents which do not impair the proper function of the instrument.

2. The following items will be included under the maintenance program as long as the broken/damaged item is returned: mouthpiece, ligature, strings, bow, and drumheads.

3.            Specifically excluded from this coverage are normal user wear items such as, but not limited to: reeds, rosin, oils,  drum sticks, lost parts, user supplied equipment and/or any other accessories subject to normal wear.

4.            Any claim for repair or replacement will not alter the rental contract. If you are late on any monthly payment, the maintenance will lapse and can only be reinstated by inspection and permission of Coles Music Service.

5.            All repairs must be done by Coles Music Service. Any repair done by any 3rd party will void the protection program.  You will be responsible for the repair to correct the repairs done to the instrument by any 3rd party.

6.            This optional maintenance does not cover the instrument being lost or stolen, malicious or intentional damage, or unauthorized repair attempts.  Coles Music Service shall be the sole judge in these cases.

7. The worry-free maintenance program will continue each month, even after the instrument is paid off.  You may cancel any time by contacting us.