Instrument Rental Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS (this "Terms and Conditions") govern any rental agreement (the “Agreement”) entered into between:
CUSTOMER, as named on the Instrument Rental Estimate provided (the “Estimate”), or on the Instrument Rental Estimate Request and having a business address as named on the provided Estimate (“Customer"); and
ANTIQUITY MUSIC, LLC, a California Limited Liability Company, having a business address at 12405 Venice Blvd. #321, Los Angeles, CA 90066, (“Antiquity”).
1. DEFINITIONS AND TERMS. Terms, as defined herein, shall have the same meanings in both their singular and plural forms.
2. PAYMENT. Customer desires to rent the Item or Items described in the Estimate (the “Item”) from Antiquity. Payment or a deposit, determined as described below, must be received prior to Customer taking possession of the Item (“Delivery”). If the total rental amount listed on the Estimate is less than one thousand dollars ($1,000.00) or the replacement value is less than five thousand dollars ($5,000.00), the customer shall pay the amount listed on the Estimate in full with cash, wire transfer, credit card, or debit card before Delivery. If the total rental amount listed on the Estimate is greater than one thousand dollars ($1,000.00) or the replacement value is greater than five thousand dollars ($5,000.00), the customer shall make a deposit of at least fifty percent (50%) of the total rental amount, paid by cash, wire transfer, credit card, or debit card, prior to Delivery, and any remaining balance shall be paid in full before an agreed-upon due date which, if no specific date is agreed upon in separate communications, shall by default be the date of delivery specified in the Estimate. An Item with a value of greater than five thousand dollars ($5,000.00) may require an additional security deposit. If payment is made by credit card, a card with an open balance that is adequate to cover the total rental amount is required as security for the performance by Customer of the terms under this agreement. All funds shall be billed and payable in United States currency. All payments by check or other bill of exchange shall be drawn on a United States bank. Customer agrees to pay all fees incurred by Antiquity in the collection of said monies, including a returned check fee of $35.00 and any applicable late charges. Customer agrees to indemnify and hold Antiquity harmless from any and all costs, expenses, attorneys' fees, suits, liabilities, damages, loss of revenue, time, actions or claims (including any third party claims) caused by Customer not providing advance payment as required. All deposits and payments paid by Customer to Antiquity shall be held as security for the performance of Customer's contractual obligations hereunder, and at the right of Antiquity, may be applied to the payment to make repairs for damage to which said Item is subject while in the care of the Customer, or to cure any default of Customer without prejudice to or suspension of any other right or remedy of Antiquity. The deposit also may be retained and used by Antiquity until all of the Customer's contractual obligations are fully performed and the Item is returned to Antiquity. The amount of any deposit in no way defines or limits the Customer's liability for repair, replacement or other costs or obligations to Antiquity incurred by Customer.
3. IDENTIFICATION. By entering into any rental agreement with Antiquity, Customer agrees to provide Antiquity with a copy of its identification upon Antiquity’s request, as well as with any requested proof of authorization to act on behalf of the business entity for which Customer’s agent claims to act as an authorized representative.
4. BANK AND TRADE REFERENCES. If the total rental amount listed on the Rental Order Form is less than one thousand dollars ($1,000.00) or the replacement value is less than five thousand dollars ($5,000.00), the customer shall provide bank and trade reference upon Antiquity’s request in order to establish an account.
5. USAGE. Customer agrees to disclose to Antiquity any intention to use exotic animals, motor vehicles, hazardous materials, acrobatic or dangerous action, flammable or volatile materials and/or pyrotechnics prior to the rental and of any requirements associated with such usage. The Customer must supply an Insurance Certificate to cover said perils. Any tape or other adhesive material used on the Item must be pre-approved for use on the Item and removed after use. Use of unapproved materials shall result in an additional cleaning fee to be determined by Antiquity.
6. CONDITION OF ITEM. Upon delivery of the Item, Customer hereby acknowledges receipt of said Item in the condition as described by Antiquity in the Item description that Antiquity communicates to Customer prior to the parties coming to any binding agreement, or if no such communication is made, in the rental Item description on antiquitymusic.com. Upon Antiquity’s request, Customer shall sign any documentation presented before or upon delivery confirming the specific condition of the Item. It is the responsibility of the Customer to bring to the attention of Antiquity any negative condition of the Item immediately upon delivery. The rental period shall commence on the date set forth on the Estimate provided to the Customer by Antiquity. The Customer shall not alter the Item in any way without prior written consent of Antiquity. CUSTOMER AGREES THAT ACCEPTANCE OR TAKING POSSESSION OF AN ITEM AS SPECIFIED ON THE ESTIMATE EITHER BY CUSTOMER OR AN AGENT OF CUSTOMER OR BY A COMMON CARRIER, DELIVERY SERVICE OR MESSENGER IS ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS RENTAL, REGARDLESS OF WHETHER OR NOT THE ESTIMATE, RENTAL AGREEMENT, OR OTHER DOCUMENT IS SIGNED. Upon any termination of this rental, Customer shall return said Item to Antiquity in as good of condition and repair as when received by Customer upon delivery, without any additional wear and tear.
7. NO TRANSFER OF OWNERSHIP. The Item is and shall at all times remain the exclusive property of Antiquity. This Agreement in no way expresses or enacts transfer of ownership or title of said Item. Customer shall protect Antiquity’s title and keep the rented Item free from all disputes, claims, liens and encumbrances.
8. ADDITIONAL RENTAL. The rental specified on the Estimate is for the period concluding on the date for return of said Item as specified on the Estimate. If the Customer retains the Item after such date, additional rent shall be paid weekly in advance at the same rate at which the original rental cost was computed (e.g. if customer rents an Item at a day rate of $100/day for three days, but then keeps it for nine days, the day rate, and not a weekly rate, shall apply to all of those days).
9. ASSIGNABILITY. Neither this Agreement nor any Item, right, interest, or obligation hereunder may be assigned, sublet, pledged, or otherwise transferred (whether voluntarily, by operation of law or otherwise) by either party, without the prior express written consent of the other party.
10. LOSS AND DAMAGE, REPLACEMENT COSTS AND VALUES. If loss or damage occurs to the Item rented hereunder, repair or replacement costs will be imposed in addition to rental and/or any other costs incurred by Antiquity. Rental payments shall never offset repair or replacement costs. Customer agrees that should a loss occur of any or all of the Items rented under the agreement, or if said Items become damaged, for whatever reason, whether through the fault of Customer or of any other party, (excluding the fault of Antiquity and/or representatives of Antiquity), or from an Act of God, that Customer is fully responsible, and agrees to pay to Antiquity within thirty days of the loss and/or damage, any amounts due as determined by Antiquity. Customer recognizes that many of the Items that Antiquity rents are extremely rare or irreplaceable, such that authenticity and originality may be factors among many others in determining the replacement value of Items. If Items rented to Customer are returned in a damaged condition, Antiquity maintains the sole right to determine if said Items are repairable or not and the amounts of the replacement or repair costs, as applicable. In the event said Items are damaged beyond repair as determined by Antiquity, Customer agrees to pay the replacement costs of said Items as determined by Antiquity. Customer agrees that the amounts of any replacement costs of the rented Items shall include all costs as determined solely by Antiquity to fully replace said Items with comparable Items in good condition and repair. Repair costs may include, but are not limited to, the costs to repair (both in-house and by outside agents) as determined by Antiquity. Repair costs and replacement costs may also include, but are not limited to, a rental charge for the time the Item is out-of-service while being repaired or replaced, at the same rate at which the original rental cost is computed. Customer agrees that Items rented from Antiquity are not to be valued for replacement on an as-is, where-is basis.
11. DISCLAIMER OF WARRANTIES. Customer acknowledges that Antiquity is not the manufacturer of the rented Items. Antiquity makes no representations or warranties of any kind and expressly disclaims any implied warranties as to the condition, merchantability, performance, design, composition, competence, constitution, or specifications of the Item described on the estimate, except that the rented Items are in good working order upon delivery to Customer. Except as set forth in the immediately preceding sentence, Customer accepts no warranties and expressly waives any implied warranties as to the condition, marketability, performance, design, composition, competence, constitution or specifications of the Item described on the Estimate. Antiquity shall not be liable to Customer for any disputes or claims based upon or arising out of lost profits or prospective profits, loss of property or consequential or incidental damages in any way relating to the use or operation of the Items described on the Estimate.
12. INDEMNIFICATION. Customer agrees to indemnify and hold Antiquity harmless from any and all costs, expenses, attorneys' fees, suits, liabilities, damages (including damages arising out of any injury or death to any person or persons or animals, or damage to any property of any kind whatsoever), actions or claims (including any third party claims) related to the rental, the relationship between Antiquity and Customer under the Agreement, the use, storage or possession of the rented Items or the performance (or non-performance) or exercise (or failure to exercise) of any of the duties, obligations, or responsibilities of Customer under the agreement or in connection with the rent, storage, use or operation of the rented Items. Customer releases Antiquity and its affiliate companies and their respective officers, directors, employees and agents from any liability for destruction, breakage, loss or damage to any of Customer’s property or to any property in Customer’s care, custody or control, arising out of any act or omission, negligent or otherwise.
13. PRESENCE OF PREMISES. Antiquity assumes no responsibility for, and Customer hereby releases, indemnifies and holds Antiquity harmless from, any loss, damage or destruction to any vehicles parked on Antiquity’s premises in connection with Customer’s rental. Furthermore, Customer hereby agrees to indemnify, defend and hold harmless Antiquity and its affiliate companies and landlords, its and their officers, agents, employees and assigns from and against any claims, damages and/or expenses (including reasonable attorney fees) arising out of or relating to Customer’s presence on Antiquity’s premises and/or any activities of Customer pertaining to the rental. Customer’s obligation to indemnify, defend and hold Antiquity harmless shall extend to any and all claims for bodily injury, death or property damage; however, Customer’s obligation shall not exist where Antiquity is solely negligent or due to Antiquity’s sole willful misconduct.
14. INSURANCE. Customer agrees to carry, at Customer's sole cost and expense, such public liability, property damage and worker's compensation insurance as shall be adequate to protect the interests of Antiquity herein. Said policies shall name Antiquity as well as the Customer as named insureds. The Customer guarantees that all insurance policies required by this rental shall remain in effect for the duration of the rental period, and that Antiquity shall be named as an additional insured and loss payee on an original certificate of insurance, which will be delivered to Antiquity, if requested by Antiquity, on or before the date the rental period is to begin. Customer agrees that if an insurance claim is initiated by any party to reimburse Antiquity for any expenses or costs as set forth in the Agreement or these terms and conditions, Customer shall pay to Antiquity any difference between any amount owed under the Agreement or these terms and conditions, and any amount paid to Antiquity by any insurance company or any other company, agency, or source within thirty (30) days of the date the Item was damaged or lost. Should said certificate not be yielded, the Customer is still personally responsible for any and all damages whatsoever and howsoever caused. Notwithstanding the foregoing, Customer agrees to indemnify and hold harmless Antiquity and its officers and employees from any and all claims, suits, damages and liabilities, including worker’s compensation claims, resulting directly or indirectly from any cause or occurrence from the use of the rented Item herein or at Antiquity’s premises.
15. AGREEMENT NOT TO DISTRIBUTE OR DISCLOSE. Customer shall not create, distribute or disclose any Sample Library featuring the Item or any instrument of the same make and general model without the written permission of Antiquity. For purposes of this agreement, “Sample Library” is defined as a collection of digital sound recordings of a musical instrument, for use by composers, arrangers, performers and producers of music, similar to those created by companies such as East West / Quantum Leap, Sonic Impact, Sonic Reality, Sonic Couture, 8dio, and the like.
16. TAXES. Sales tax does not apply to the rental of the Item in this contract because the property is being rented in substantially the same form as acquired by Antiquity, and Antiquity acquired the property in a retail sale transaction with respect to which the retailer has reported and paid the sales tax. Customer agrees that any and all taxes, tariffs, duties, or customs that may result from shipping or transporting Item rented hereunder to any location, especially international locations, shall be paid by the Customer, and that no deductions of any kind will be made by the Customer from amounts owed to Antiquity for the purposes of providing for said taxes, tariffs, duties, or customs.
17. TERMINATION OF AGREEMENT. The Agreement may be terminated by Antiquity at any time and for any reason whatsoever via written notice to Customer. If Antiquity terminates this rental for any reason, all Items rented from Antiquity are to be returned to Antiquity immediately and any monies owed Antiquity are due immediately. Customer hereby agrees and consents that upon a termination of this rental for any reason whatsoever, Antiquity may at any time enter the Customer’s premises and remove any of the rented Items described on the Estimate from the Customer’s premises.
18. FAILURE OF ANTIQUITY. The failure of Antiquity to insist upon strict and/or prompt performance of any of the covenants herein and/or the acceptance of such non-performance hereunder shall not classify as or be interpreted as a waiver of Antiquity’s right hereunder to strictly enforce any of the terms and conditions of this rental.
19. ENTIRE AGREEMENT. This Agreement and the terms and conditions set forth herein constitute the entire agreement upon which any Item is to be rented, and supersedes and controls any prior understanding, agreements, orders, estimates or proposals, written or unwritten.
20. SEVERABILITY. With respect to any provision of any agreement finally determined by a court of competent jurisdiction to be unenforceable, such court shall have jurisdiction to reform such provision so that it is enforceable to the maximum extent permitted by law, and all the parties hereto shall abide by such court's determination. In the event that any provision of this agreement cannot be reformed, such provision shall be deemed to be severed from this agreement, but every other provision of this rent shall remain in full force and effect.
21. COSTS OF COLLECTION. If suit is commenced or an attorney is employed, or if Antiquity incurs other costs to enforce any obligation of the Customer hereunder, or to collect monies owed Antiquity by Customer under the terms of this agreement hereunder, Customer agrees to pay all costs of collection incurred by Antiquity including but not limited to collection agency costs, court costs, investigations, and/or attorney's fees.
22. CHOICE OF LAW. The parties hereto agree that any dispute between them arising from this contract shall be determined in accordance with the laws of the state of California.
23. FINAL AMOUNT DUE. The final amount owed to Antiquity by Customer shall be determined by the final invoice. Any amounts specified in the Estimate do not take into account any additions or deletions of Items being rented by Customer during the rental period.
Antiquity reserves the right to refuse to do business with anyone at anytime.