In these Terms and Conditions, 'The Customer' refers to the individual(s) renting or hiring the musical instrument, including any Guarantor who has signed the Hire/Rental Agreement. By providing payment details at checkout, the Customer agrees to the following terms:
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PHYSICAL CONDITION OF INSTRUMENT & ACCEPTANCE OF GOODS
The Customer confirms they are over 18 years of age. The hired/rented instrument remains the exclusive property of Westmount Music Ltd throughout the term of this contract. The Customer acknowledges that the instrument has been inspected and prepared by Westmount Music Ltd or its authorized partners. Westmount Music Ltd confirms that the instrument is in good condition, fit for its intended purpose, and fully operational, except for any pre-existing defects noted and agreed upon at the time of collection. The Customer is responsible for returning the instrument in the same condition as when received, subject to reasonable wear and tear, as defined in Clause 3.
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USE OF INSTRUMENT
The Customer agrees to use the instrument solely for its intended purpose and must not sublease, misuse, or otherwise handle the instrument in a manner inconsistent with its intended use, as specified in this agreement.
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RESPONSIBILITY FOR INSTRUMENT
The Customer assumes full responsibility for the instrument from the moment it is delivered until it is returned to Westmount Music Ltd. The Customer may choose to insure the instrument at their own discretion. The Customer agrees to maintain the instrument with proper care. In the event of loss, theft, vandalism, destruction, or damage to the instrument, regardless of fault, the Customer is responsible for all associated repair or replacement costs as outlined in Clause 12. The Customer must notify Westmount Music Ltd immediately if the instrument malfunctions. No refunds or allowances will be issued unless Westmount Music Ltd is notified of such issues and given an opportunity to inspect the instrument.
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INSTRUMENT FAILURE
If the instrument becomes inoperable, the Customer must notify Westmount Music Ltd immediately. Westmount Music Ltd will, at its discretion, either repair the instrument within a reasonable time, provide a replacement if available, offer an alternative instrument at a future date, or adjust the rental fees accordingly. This clause does not relieve the Customer from the obligations set forth in Clauses 2, 3, and 5. Westmount Music Ltd is not liable for any direct or consequential damages resulting from the failure or malfunction of the instrument. Instruments may only be serviced by Westmount Music Ltd or its authorized partners; unauthorized servicing is strictly prohibited.
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RETURN OF THE INSTRUMENT
There is no required notice period to terminate this contract, and the Customer may return the instrument at any time after the minimum rental period (three [3] months) without incurring penalties or further payments. If the Customer terminates the contract before the minimum rental term expires, they are liable for the full payment of the remaining rental term. Upon termination of the contract for any reason, the Customer agrees to return the instrument to Westmount Music Ltd. Once returned and inspected per Clause 3, Westmount Music Ltd will securely destroy any personal and financial data related to the agreement after recovering any outstanding amounts, as outlined in Clause 12.
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CHARGES AND PAYMENT
The Customer is responsible for rental charges and applicable taxes from the time of delivery until the instrument is returned. All charges include VAT. The Customer agrees to make the initial rental payment by credit or debit card, and all subsequent payments will be processed monthly by Standing Order as specified in the mandate form. If any rental payment is not made within ten (10) days of the due date, Westmount Music Ltd may charge the Customer's credit card for the outstanding amount, including late fees as detailed in Clause 12. Westmount Music Ltd reserves the right to adjust rental fees after the minimum rental period, with one month’s notice to the Customer. Rental rates may also be adjusted at any time to reflect changes in VAT. No refunds will be given for any rental period following the return of the instrument.
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HIRE/RENTAL ONLY
This Hire Agreement is not a sales contract, and the Customer has no ownership rights to the instrument. Rental payments do not confer any ownership or equitable interest in the instrument. However, after the sixth monthly rental payment and upon termination of the contract, the Customer may be eligible for a discount equivalent to three (3) months of rental payments toward the purchase of a new instrument of equal or greater value. The instrument remains the property of Westmount Music Ltd at all times, and the Customer must not remove or tamper with any identification tags attached to the instrument.
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PROHIBITION ON TRANSFER OF CUSTOMER’S INTEREST
The Customer may not sublease, assign, transfer, or otherwise encumber the instrument.
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INSPECTION
Westmount Music Ltd reserves the right to inspect the instrument at any reasonable time during the rental period.
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LATE CHARGE
If the Customer fails to make a rental payment within ten (10) days of the due date, they will be subject to a late fee equal to five percent (5%) of the overdue amount.
- DEFAULT
In the event of default on any terms of this agreement, Westmount Music Ltd may repossess the instrument and recover any outstanding amounts as outlined in Clause 12.
- DATA PROTECTION AND FAIR PROCESSING STATEMENT
Westmount Music Ltd holds all personal and financial information in accordance with the Data Protection Act and the principles of the Information Commissioner's Office. Financial information, including debit and credit card details, is retained solely as security against the instrument’s value and will only be charged in the event of loss, damage, unpaid rental fees, or Customer default, as described in Clauses 3, 6, and 10. Westmount Music Ltd agrees to destroy all such data upon termination of the contract, once all outstanding financial obligations have been satisfied.