RENTAL TERMS AND CONDITIONS
Updated Date 05/02/2018
These Terms and Conditions, the rental document signed by you electronically, and a return electronic record with computed rental charges together constitute the rental agreement between yourself and Musifai Inc.
You rent from us the musical instrument described on the rental document, which rental is solely a bailment for mutual benefit. You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, which case such law controls. “You” and “your” refer to the person who signs this agreement, “we”, “our” and “us” refer to Musifai. You also agree that you are not our agent for any purpose; and that you cannot assign or transfer your obligations.
Changes. Any change in this rental agreement or our rights must be in writing and signed by an authorized Musifai staff. You further agree that we have the right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Musifai website. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Musifai website, which date will be indicated therein. Changes to the Terms and Conditions will be posted as they occur on the Musifai website and will govern all rentals even if the terms provided at time of enrollment are different.
Meaning of Instrument. The word “instrument” means the musical instrument rented to you or its replacement and includes tools, equipment, and accessories, unless otherwise explicitly specified in this rental agreement.
Condition of the Instrument. Musifai shall make the instrument available to you upon your taking possession of the Instrument in brand-new or like-new condition. Upon receiving the product, if you find questions with the instrument’s quality, you should contact our customer service immediately and email us at email@example.com with pictures of the product. We may send you a replacement right after assessing the situation. If you don’t contact us within the 5 day period, we will automatically note that your product is fine with no issues. When you return the instrument back to us in the future, it shall be returned in the same condition.
Term. The term of this agreement depends on the rental plan that you choose and it shall be between 3 and 12 months. The Instrument shall be returned by you on or before last day of the term unless you choose the Rent-to-Own option.
Default. For customers on the monthly plan - please make sure that the payment method saved in your Musifai account will be valid throughout the entire rental period. We charge you on the same date of each month. If we find your payment method failing, we reserve the right to pursue any amounts you fail to pay. We will inform you via email, phone call, or mail to ask you to update your payment information. If you do not act, it will be considered as a default, which will result in disciplinary action.
Return of the Instrument. If you’re on the monthly plan, you may return the instrument at any time. You must request to end your rental at least 20 days before the start of your next billing cycle, in order to avoid auto-renewal for the following month. If you’re on the one-year plan, you shall return the instrument by the end date of your plan. Returned items must be in its original condition and show no signs of damage beyond normal wear and tear. If you return a product that is damaged beyond normal wear and tear, then you will be responsible for the repair or replacement price of the product. This is determined in our discretion, price of repair or replacement can go as high as, but no more than the retail price of the product. You will be covering the return shipping fee and you shall be responsible for damages or loss during shipping.
Late Fee and Default Policy. If you return your item late, a late fee of the monthly rental fee of your instrument will be charged to your card. If you do not return the instrument within 15 days of the return date, we will consider it a non-return, and you will be charged the full retail price of your rental item.
Damage or Loss. All parts of the musical instrument must be returned to Musifai. We will get in touch with you if we find the instrument damaged, or a certain part of it missing. If the damage is beyond repair or the instrument is stolen, you would need to pay the full retail price of the instrument. If it’s partially broken, Musifai will work on repairing it and you would need to cover the repairing fee, which will be no more than the retail price of the piece of the instrument.
Where You’ll Return the Instrument. The instrument must be returned to the Musifai return location. We will create a shipping label with the return address on it. You shall cover the return shipping fee and send the package back to us.
Rent to Own. You can choose buy the instrument at any time during the rental period before it ends. The paid rental fee can be used as credits towards the purchase. If you purchased insurance through us, you will be refunded with the remaining unused insurance payment. The used insurance payment or paid shipping fee cannot be used as credits. If you choose the Rent-to-Own program, you will not need to follow the return instructions.
Taxes. You’ll also pay all applicable taxes as well as any additional charges provided on the rental agreement which are over and above the base rental rate.
Payment Method Reserve. You acknowledge that you have been informed that your payment method has been saved securely under your Musifai account. For rentals fees occurred after the commencement of the rental agreement, you will be charged with the rental fee you agree upon. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental, and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
Insurance. For customers who have purchased insurance with us - if you have damaged the instrument, we will evaluate the condition of the instrument first and give you suggestions on how and where to repair it. We may refer you to a local independent repair service center and compensate the repairal fee. The insurance covers damages due to unexpected and unintentional spills, drops and impacts, normal wear and tear, dust, heat, humidity, and heavy usage. It does not cover damage from abuse, misuse; battery leakage, improper use of any power supply, introduction of foreign objects into the instrument, unauthorized product modifications or alterations, failure to follow the manufacturer's instructions, or third party actions
Arbitration. Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration or in a small claims proceeding), you and Musifai agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against Musifai, you must send the written notice of the claim to Attention: 800 3rd Ave, Suite 2800, New York, NY, 10022. If Musifai is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records.
Dispute Resolution: In the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between you and Musifai arising out of, relating to or in connection with your rental of a musical instrument from Musifai and these Rental Terms and Conditions shall be exclusively settled through binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration.