Lease Purchase Scheme - Terms & Conditions
1. Letting: We are letting and you are taking on hire the instrument described in the Schedule (including each item of equipment and all renewals and replacements of the instrument and additions to them) on the terms and conditions set out in this agreement including the schedule. If more than one instrument is let to you, the rental for each instrument bears the same relationship to the rental shown in the schedule as its cash price bears to the total cash price of the instrument. We reserve the right, but do not bind ourselves, to replace the instrument wholly or in part with equivalent instrument on due notice of validation.
2. Your Obligations: You shall:
2.1 Make Payment: Pay the initial payment (if any) on or before the signing of this agreement and pay the rental specified in the schedule punctually at the times shown there such payment being made without previous demand and to no one but us without our prior written consent. If any payment are sent to us by post it will be at your risk;
2.2 Use of Instrument: Use the instrument properly and (subject to clause 3.5 below) shall not modify or alter or permit removal or alteration of identification or registration numbers or marks on the instrument and shall not allow the instrument to become in jeopardy and shall ensure that they will be used safely and without risk to health;
2.3 Damage, loss or repair: Be responsible for and indemnify us against loss of or damage to or caused by the instrument so far as such loss or damage is not covered by effective insurance under this agreement and replace or repair the instrument if so required by us;
2.4 Notice of loss: Immediately give notice in writing to us of the happening of any material loss of or damage to the instrument;
2.5 Repair and Maintenance:
2.5 (i) Keep the instrument properly repaired and maintained, but shall not pledge our credit or permit any lien to be created on them:
2.5 (ii) Without prejudice to the generality of Clause 2.5 (i) so long as you observe the terms and conditions of this agreement and you return the instrument to us for the purpose we shall maintain the instrument in good repair and working condition until such time as either the instrument become your property pursuant to Clause 4 or the agreement is terminated pursuant to Clause 5 or 6. Unless we agree otherwise in writing, you will not be entitled to any abatement or refund of rental in respect of periods during which we are in possession of the instrument for the purpose of repair or maintenance.
2.5 (iii) Our obligation to maintain and repair the instrument pursuant to clause 2.5 (ii) above shall not extend to the replacement of strings or drumheads and to the repairs necessitated by wilful damage.
2.5 (iv) We will not make any charge other than for part or materials using in respect of work carried out pursuant to our obligations under clause 2.5 (ii) above except to the extent that the same is covered by insurance or would have been had the provisions of clause 2.8 below been fully complied with or to the extent that the insurance money is irrecoverable in consequence of any act or default on your part or on the part of anyone using the instrument expressly or impliedly with your authority.
2.6 Inspection: Allow us to inspect the instrument.
2.7 Sale of Instrument: Not sell, assign, mortgage, charge or sublet instrument or any interest in them or the benefit of this agreement nor without our prior written consent, remove or permit the removal of the instrument from the United Kingdom.
2.8 Insurance: Keep the instrument insured at its full replacement value and in an office to be approved by us (such approval not to be unreasonably withheld) against loss or damage by fire, damage in transit and such other risks (including third party risks) as are usually covered by musical instrument insurance and such further risks as we require and with our interest noted on the policy. You should notify us immediately in writing of any loss or damage to the instrument and hold any insurance money in trust for us. You irrevocably authorize us to collect the insurance monies from the insurers. If a claim is made against the insurers we may, at our discretion, conduct negotiations and effect a settlement with the insurers and you agree to be bound by such settlement. We shall apply the insurance monies, at our discretion, as follows:
2.8 (i) In making good the damage; or
2.8 (ii) In replacing the instrument by other similar instrument to which the terms of this agreement shall apply; or
2.8 (iii) In compensating us for all loss, which we suffer, any deficiency being made by you on demand.
2.9 Indemnity: Indemnify us in respect of any claims made against us and all damages, costs and expenses suffered or incurred by us as a result of a third party claim arising out of the state, condition or use of the Instrument.
2.10 Pay Taxes: Keep the goods free from all liens and distraints and pay all taxes and impositions in respect of the goods and their letting under this agreement and the location, excepting only any taxes on or assessed by reference to our profits or any value added tax which we are able to reclaim from H.M Customs & Excise.
2.11 Solvency: Not allow the levy against you and distress or execution, nor present or permit a bankruptcy petition to be presented against you, nor enter into any attempt to enter into a composition with your creditors nor call or allow to be called a meeting whether formal or informal of your creditors or any of them.
3. Further Stipulations: It is now mutually agreed that:
3.1 Implied terms: We let the goods expressly subject to the terms implied by sections 8 (relating to our title to the goods), 9 (relating to lettings by description), 10 (relating to implied undertaking as to quality or fitness) and 11 (relating to sample) of the Act, but except as mentioned above. All conditions or warranties, expressed or implied, are now excluded: and It is now declared for the avoidance of doubt that nothing contained in this agreement shall affect your statutory rights under sections 8,9,10 and 11 of the Act.
3.2 Non-payment of Insurance premiums
If you fail to pay any premiums required in respect of insurance under clause 2.8 or any sums required to be paid under clause 2.10 we may pay such premiums or sums and you shall reimburse us on demand.
3.3 Overdue Sums: You shall not allow any sum payable by you under this agreement to become 10 days or more overdue. Any missed payments or overdue amounts will be charged to the card information overleaf on this agreement.
3.3 (i) Interest on sums payable under this agreement which are 10 days or more overdue at the rate of interest used to calculate the total charge for credit on a day to day basis from the date until the date of payment: and
3.3 (ii) Any cost or expense incurred by us in obtaining payment of such arrears.
3.3 (iii) If you miss three consecutive payments during the term of the agreement, then the full balance owed plus any interest accrued will be charged to the card information overleaf.
4. Ownership: If and when all rentals and other money payable by you to us under this agreement in respect of the use of the instrument shall have been duly paid and provided that you shall not have committed any breach of the provisions of this agreement, the Instrument shall then become your property, but until that time shall remain ours, provided always that the instrument shall not become your property if the agreement is terminated by you under clause 5 below.
5. Termination by you: You may terminate this agreement at any time after the first 3 months. If you wish to do so, you should write to Arranged Musical Options Ltd. giving at least one months notice. In which case your liability for the instrument will cease once it has been returned to us but you will remain liable to us for:
5.1 Any arrears of rental accrued due up to the date of termination;
5.2 The cost of all repairs required to be done to the instrument to put them in condition with the performance of your obligations under this agreement and;
5.3 Damages (if any) for prior breach of this agreement.
6. Termination by us: We may on any breach by you of any of the provisions of this agreement after due notice terminate this agreement and on such termination this agreement and the hiring constituted by the agreement shall terminate and you shall no longer be in possession of the instrument with our consent. Subject to the provisions of Clause 7 below, it is our right to take repossession of the instrument and to any of your pre-existing liabilities to us, neither party shall have rights against the other.
7. Your liability on termination by us: If we terminate the agreement, you shall become liable to pay us (in addition to all other sums of which you are indebted to us);
7.1 The arrears of rental accrued due up to the date of termination.
7.2 The cost of all repairs required to be done to the instrument to put them in a condition consistent with the performance of your obligations under this agreement.
7.3 Damages (if any) for prior to breach of this agreement.
8. Disclosures: You agree that we may disclose details of and relating to transaction evidenced by this agreement to any credit references agency and to HP Information plc and to the credit broker concerned and that we may refuse to enter into this agreement without stating a reason.
9. Guarantee: Before we enter into this agreement with you, we may require your obligations under it to be guaranteed by a third party acceptable to us, in which event we shall invite you to suggest someone suitable. We shall not look to any security from you personally to cover this agreement.
10.1 The clause-headings are for ease of reference only and do not affect the construction of this agreement.
10.2 In this agreement the singular includes the plural and the neuter the masculine or feminine.
IMPORTANT - YOU SHOULD READ THIS CAREFULLY - YOUR RIGHTS:
The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement against you without a court order. The Act also gives you a number of rights. You have a right to settle this agreement at anytime by giving notice in writing and paying off all amounts payable under the agreement which may be reduced by a rebate. If you would like to know about the protection and remedies provided under the act, you should contact either you're local trading standards department or you're nearest Citizens Advice Bureau.