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1.) The receipt by the lessee of the leased property described on reverse
side shall constitute acknowledgment that the said leased property is
in good safe, serviceable condition and fit for the use for which it
has been leased.
2.) Lessee shall, at all times after delivery and acceptance of the
leased property maintain said leased property in good condition, and
will not permit any practice that will injure or damage the leased property
in any manner whatsoever.
3.) The leased property shall be used only by the lessee, his employees,
independent contractors engaged by the lessee, lessee's clients, employees
or independent contractors engaged by said client, and only on the premises
to which the said leased property has been delivered. (Touring contracts
are empowered to travel from site to site.)
4.) The lessee agrees to and does hereby indemnify the lessor against
any and all loss, damage, expense, or penalty arising from any action
on account of any injury to person or property of any character whatsoever
occasioned by the operation or handling of the leased property during
the rental period, and thereafter, while the leased property is in the
possession or under the custody and/or control of lessee, his employees,
agents and/or representatives. In the event that moving or technical
personnel other than PRO PIANO employees are used by lessee, then lessee
indemnities and holds lessor harmless from any claims, whether of personal
injury or of any other types.
5.) In the event of any accident or calamity that destroys, damages
or breaks any part of the leased property, lessee shall notify lessor
promptly and, at lessor's option, either lessee shall have the same
repaired or replaced in the shortest time possible or lessor may have
the same repaired or replaced, either event to be at lessee's sole expense.
6.) Lessee shall not move, service, or in any way alter condition of
instrument without written consent of lessor. All moving and technical
services must be performed by lessor's technician and/or personnel.
7.) Lessee hereby indemnities and holds lessor harmless from any and
all damages which may accrue to lessee or others, with respect to the
costs of musicians, vocalists and others, and any/all other costs in
connection with the breakdown or other failure of the leased property,
and/or any part or parts thereof during the term of the rental period.
8.) In the event of fire or other calamity that destroys the leased
property or any part thereof, theft of said leased property during the
period of the rental agreement or while the leased property is in the
possession or under the custody and/or control of lessee, his employees,
agents and/or representatives, lessee shall be liable to lessor for
the full replacement value of the leased property so destroyed or stolen.
Determination on replacement procedure, timing, delivery contingency
and all other details solely at lessor's discretion.
9.) In the event leased property is not in serviceable condition upon
return from rental as ascertained by lessor's inspection thereof at
lessor's place of business, lessor has 120 hours from the termination
of rental period to notify lessee of "non-serviceable condition."
loss of components, damage, or any other circumstance which detracts
from the overall soundness of the leased property. Upon notification,
lessee must do all things necessary to place leased property in serviceable
condition, or replace or repair said property. All decisions as to proper
course of action are the sole discretion of lessor. Lessor's decision
is binding upon lessee. In such instances, lessee is solely responsible
for all costs incurred, including full replacement of instrument if
required.
10.) All lease-rental payments are due on the 1st calendar day of each
lease-rental period. No grace period is offered. In event of tardy or
delinquent payment, lessee relinquishes all rights to "lease-rental
with option to buy," and transaction automatically reverts to a
straight-term rental. All previously rendered payments become simple
rental expenditures, and do not accrue toward outright purchase.
11.) All rental/lease contracts begin on delivery day, Termination date
or pick up date shall be the first day upon which payment for ongoing,
continuing, or additional rental or lease service is due. If payment
for prescribed rental period, i.e., day, month, six month, year, etc.,
is not received on the day it is due, rental/lease period is terminated
and rental property will be picked up or shall be returned immediately.
12.) In providing a valid credit card "as security" or for
principal method of payment, lessee fully authorizes lessor to use said
credit card to satisfy lessee's indebtedness resulting from normal passage
of time (rental period,) delinquency of payment, damage, theft, loss
of leased property, or resulting from any damaging financial irregularity
exhibited by lessee regardless of nature. Lessor is authorized to use
said credit card on an ongoing and continuing basis throughout the life
of the lease (rental period). From time to time, lessee will be required
to offer new credit card number(s) to maintain the credit card "as
security" concept.
13.) Lessee hereby grants lessor access to lessee's residence or place
of business for the purpose of servicing, inspecting or removing leased
property. At lessor's option, lessor may give lessee written notice
of desire to service, inspect, or remove, via overnight courier, proof
of delivery constituting legal notice of lessor's intent. Failure of
lessee to grant access shall constitute immediate nullification of lease/rental
contract; lessee shall be in absolute default from that moment, and
liable for full replacement cost of instrument.
14.) In the event lessor is obliged to commence legal proceedings against
lessee with respect to this Rental Agreement/Invoice (Contract of Sale,
Lease, Lease with Purchase Option, etc.) for any reason whatsoever,
lessee hereby agrees to pay attorney's fees and all court costs in connection
therewith.
15.) Should lessee at any time throughout possession of lease/rented
property contemplate, consider or seek legal counsel on filing bankruptcy
proceedings (including but not limited to Chapters 9, 11 and/or 13,)
lessee must immediately notify Pro Piano and grant Pro Piano access
to remove leased/rented instrument immediately. If access for removal
is not granted before filing, all prior agreements are null and void,
and lease/rental contract converts to a '"contract of sale"
for full "purchase price" of instrument, determined by lessor.
Said "purchase price" being due on or before date of filing
any bankruptcy procedure. All lease/rental or "purchase with option"
merchandise must be removed/returned to lessor prior to any filing of
bankruptcy proceedings. By not allowing removal or returning said property,
lessee is admits to being guilty of "criminal conversion."
of leased/rented property.
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