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Cooper Piano Rental
Agreement
1. PHYSICAL CONDITION OF INSTRUMENT
Renter acknowledges that Renter has examined and is aware of the condition
of the Instrument and that it is in good condition except for any defects
noted on this Rental Contract. It is the responsibility of the Renter to
return the Instrument to Cooper in the same condition as it exists at the
time of delivery, except for ordinary wear and tear. Pianos will be tuned in
the home by Cooper within three (3) to four (4) weeks after delivery. Renter
is responsible for piano tuning at least once a year after the Instrument
has been delivered to Renter. Instruments may only be tuned or serviced by
Cooper, and may not be tuned or serviced by any other company or individual.
If the Renter requires tuning more than once a year, Cooper will tune the
piano at the lowest prevailing rate.
2. DELIVERY REQUIREMENTS
Renter must clear and prepare the delivery location and the means of access
to the delivery location to receive delivery of the Instrument, Delivery
involving extraordinary access or conditions (for example, over railings,
stairways, lofts, marble or hardwood floors, etc.) shall be made at Renter's
sole risk and expense. Furniture and other items removed by Cooper shall be
moved at the Renter's risk. Cooper shall be liable for damages only in case
of Coopers negligence. Cooper shall have no liability for any delays in
delivery. Notwithstanding anything to the contrary contained herein, Cooper
reserves the right to cancel this Rental Contract if Cooper determines that
the intended location of the Instrument in the residence or the means of
access to the delivery location is unacceptable to Cooper, at its sole
discretion.
3. USE OF INSTRUMENT
Renter agrees that the Instrument will be used only at the residence set
forth on the front of this Rental Contract, and only for the purpose for
which it was intended. Renter may not sublease or improperly use the
Instrument. Renter may not move the Instrument from its original location.
If Renter desires to move the Instrument, only Cooper shall move the
instrument, which shall be at the expense of the Renter.
4. RESPONSIBILITY FOR INSTRUMENT
Renter acknowledges that from the time the Instrument is delivered until it
is returned, Renter is responsible for the Instrument. Renter agrees to
exercise due and proper care in the use and maintenance of the Instrument.
If the Instrument is lost. stolen, vandalized, destroyed, or damaged prior
to being returned to Cooper, regardless of fault, Renter is responsible for
all damages, including, but not limited to, the costs to replace or repair
the Instrument. In the event the Instrument is not clean when returned,
Renter shall pay Cooper a cleaning charge. RENTER AGREES TO NOTIFY COOPER
IMMEDIATELY IF THE INSTRUMENT DOES NOT FUNCTION PROPERLY. NO REFUND OR
ALLOWANCES WILL BE MADE BY COOPER UNLESS COOPER RECEIVES SUCH NOTIFICATION
AND HAS HAD AN OPPORTUNITY TO INSPECT THE INSTRUMENT.
5. INSTRUMENT FAILURE
Renter agrees to notify Cooper immediately if the Instrument becomes
inoperable for any reason. Cooper agrees, at Cooper's discretion, to make
the Instrument operable within a reasonable time, provide Renter with a like
instrument if available, make a like instrument available at another time,
or adjust the rental rate. The provisions of this paragraph do not relieve
the Renter from the obligations imposed by other paragraphs, including, but
not limited to, Paragraphs 3, 5 and 6. In all events, Cooper shall not be
responsible for any loss or damage including, but not limited to,
consequential damage resulting from failure or defect of the Instrument.
6. RETURN OF INSTRUMENT
Upon termination of this Rental Contract for any reason whatsoever, Renter
agrees to cooperate in the return of the Instrument during Cooper's normal
delivery and pickup days, within the hours of 9:00 a.m. and 5:00 pm. without
specified times, or pay an extra service charge of up to fifty dollars
($50.00). Renter acknowledges that if the correct number of steps is not
given, it could cause delayed delivery or pickup.
7. CHARGES AND PAYMENT
Renter is responsible for rental charges and all sales and use taxes thereon
from the time the Instrument is delivered until it is returned to Cooper.
Instruments rented for part of a billing month shall be charged for a full
month. No refunds will be made for any period after the Instrument is
returned to Cooper. If any rental charges are not paid within ten (10) days
of the date due, Cooper is authorized to charge late rental and a late
charge to Renter's credit card. Renter authorizes Cooper to charge any other
debt incurred by Renter to Renter's credit card.
8. RENTAL ONLY
This Rental Contract is not a sales contract and does not give the Renter
any option to purchase the Instrument. The Instrument is and shall remain
the property of Cooper. Renter shall not remove any identification tags
which are attached to the Instrument. Renter has only the right to use the
Instrument so long as this Rental Contract has not been terminated and the
Renter is not in default hereunder.
9. PROHIBITION OF TRANSFER OF RENTER'S INTEREST
Renter shalI not sublease, rent, assign, or grant a security interest in, or
otherwise transfer the Instrument.
10. INSPECTION
Renter agrees to allow Cooper to inspect the Instrument at any reasonable
time.
11. LATE CHARGE
If Renter fails to make a monthly payment in full within ten (10) days after
it is due, Renter shall pay a late charge in the amount of five dollars
($5.00).
12. DEFAULT
If the Renter is in default of any of the terms or conditions of this Rental
Contract, Cooper, in order to enforce its ownership rights in the Instrument
and to protect its interest in this Rental Contract, may take possession of
the Instrument without judicial process and to do so, Cooper or its
representatives, may enter Renter's property and Renter hearby waives any
right or action against Cooper for such entry and retaking. In addition,
Renter acknowledges that the failure to return, or the conversion or
concealment of, the Instrument, is prohibited and such action may constitute
a crime under O.C.G.A. 16-8-4. In such event Cooper, in addition to any
other action it is entitled to take, may notify all authorities and take
such other action, including, but not limited to, the filing of criminal
complaints. In the event of default by Renter, Renter agrees to pay Cooper's
attorneys' fees, collection fees, court costs, and any other costs and
expenses incurred by Cooper in collecting any amounts due under this Rental
Contract including, but not limited to, all costs associated with the
retaking of the Instrument or otherwise enforcing the terms of this Rental
Contract.
13. MISCELLANEOUS PROVISIONS
Renter warrants the truth and accuracy of a!! information contained herein
and in all applications given to Cooper by Renter. This Rental Contract
shall be governed by, and construed and interpreted in accordance with, the
laws of the state of Georgia. This Rental Contract contains the entire
agreement of the parties hereto with respect to the rental of the
Instrument, and no prior or contemporaneous representations, inducements,
promises, or agreements, oral or otherwise, between the parties not embodied
herein shall be or any force or effect. This Rental Contract shall be
binding upon and shall insure to the benefit of the parties hereto and their
respective heirs, executors, administrators, personal representatives,
successors, and assigns, No amendment to this Rental Contract shall be
binding on any of the parties hereto unless such amendment is in writing and
such amendment is executed by the parties hereto. Time is of the essence of
this Rental Contract, and every provision herein. If Renter is composed of
more than one person, the choices, designations, and other decisions of one
shall bind all of the others, and all persons composing Renter shall be
jointly and severally liable for all obligations of Renter herein.
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