1.) Receipt by lessee of the leased/rented property described on a Pro Piano Invoice constitutes acknowledgment that leased/rented property is in good, safe, serviceable condition, suitable and for the purpose it has been leased/rented.
2.) Lessee shall at all times after delivery and acceptance of the leased/rented property, maintain said property in good condition, and will not in any manner whatsoever permit a practice that injures or damages the leased/rented property.
3.) Leased/rented property shall be used only by the lessee, its employees, its independent contractors, its contractors’ independent contractors or those whom by any means are engaged by Pro Piano’s lessee/client, and only on the premises to which the said leased/rented property has been delivered. (Touring Contracts empower & allow leased/rented instruments’ travel from site to site.)
4.) The lessee agrees to/does hereby indemnify the lessor against any/all loss, damage, expense, or penalty arising from any action on account of any injury to person/property of any character whatsoever occasioned by the operation or handling of the leased/rented property during the lease/rental period, and thereafter, while the leased/rented property is in possession by/under the custody and/or control of lessee, its employees, its agents and/or representatives. In the event moving or technical personnel other than PRO PIANO employees are used by lessee, lessee indemnities and holds lessor harmless from any claims, whether of personal injury or any other types.
5.) In the event of any accident or calamity that destroys, damages or breaks any part of the leased/rented property, lessee shall notify lessor promptly and, at lessor's option, either lessee shall have the same repaired or replaced in the shortest time possible or lessor may have the same repaired or replaced, either event to be at lessee's sole expense.
6.) Lessee shall not move, service, or in any way alter condition of a leased/rented instrument without lessor’s written consent. Unless agreed in writing prior to onset of lease/rental, any/all moving and technical services must be performed by lessor's technicians and/or personnel.
7.) Having accepted leased/rented instrument’s suitability, lessee hereby indemnities and holds lessor harmless from any/all damages which may accrue to lessee or others, not limited by, but including costs of musicians, vocalists, and performers, or any/all other costs in connection with the presumed unworthiness of the leased/rented property, and/or any unworthy part/parts during the term of lease/rental period.
8.) In the event of fire or other calamity that destroys the leased/rented property or any part thereof, theft of said leased/rented property during the period of the rental agreement or while the leased/rented property is in the possession or under the custody and/or control of lessee, its employees, agents and/or representatives, lessee shall be liable to lessor for the full replacement value of the leased/rented property so destroyed or stolen. Determination of replacement procedure, price, timing, delivery contingencies, and all other details are solely at lessor's discretion.
9.) In the event leased/rented property is not in serviceable condition upon return from rental as ascertained by lessor's inspection thereof at lessor's place of business, lessor has 120 hours from the return or termination of lease/rental period to notify lessee of non-serviceable condition, loss of components, damage, or any other circumstance which detracts from the overall soundness of the leased/rented property. Upon notification, lessee must do all things necessary to place leased/rented property in serviceable condition, or replace or repair said property. All decisions as to remedial course(s) of action are at the sole discretion of lessor. Lessor's decision is binding upon lessee. In such instances, lessee is solely responsible for all costs incurred, including as required, full replacement value of said instrument(s).
10.) All lease/rental payments are due on the 1st calendar day of each lease/rental period. No grace period is offered. In event of tardy or delinquent payment, lessee relinquishes all rights to "lease/rental with option to buy," and transaction automatically reverts to a straight-term rental. All previously rendered payments become simple rental expenditures, and never accrue toward outright purchase.
11.) All rental/lease contracts begin on delivery day, Termination date or pick-up date shall be the first day upon which payment for ongoing, continuing, or additional lease/rental service is due. If payment for prescribed rental period, i.e., day, month, six month, yearly, etc., is not received on the day it is due, rental/lease period is terminated and rental property will be picked-up or immediately returned.
12.) In providing a Credit Card, Bank Note, Bitcoin, or Top-4 Crypto Blockchain type digital security asset for principal method of payment, lessee fully authorizes lessor to use said card or digital based asset class to satisfy lessee's indebtedness resulting from normal passage of time (lease/rental period), delinquency of payment, damage, theft, loss of leased/rented property, or resulting from any damaging financial irregularity exhibited by lessee regardless of nature. Lessor is authorized to use said credit card or digital based asset class on an ongoing and continuing basis throughout the life of the lease/rental period. From time to time, lessee will be required to offer new credit card of digital based asset class funds to maintain the "as security" concept.
13.) Lessee hereby grants lessor access to lessee's residence or place of business for the purpose of servicing, inspecting or removing leased property. At lessor's option, lessor may give lessee written notice of "desire to service, inspect, or remove", via overnight courier, proof of delivery constituting legal notice of lessor's intent. Failure of lessee to grant access shall constitute immediate nullification of lease/rental contract; lessee shall be in absolute default from that moment forward, and liable for full replacement cost of instrument.
14.) In the event lessor is obliged to commence legal proceedings against lessee with respect to this Lease/Rental Agreement/Invoice (Contract of Sale, Lease, Rental, Lease with Purchase Option, etc.), for any reason whatsoever, lessee hereby agrees to pay attorney's fees and all court costs in connection therewith. Said legal undertakings to be in a jurisdiction of Lessor’s choice.
15.) Should lessee at any time throughout possession of lease/rented property contemplate, consider or seek legal counsel on filing bankruptcy proceedings (including but not limited to Chapters 9, 11 and/or 13), lessee must immediately notify Pro Piano and grant Pro Piano access to remove leased/rented instrument(s). If access for removal is not granted before filing, all prior agreements are null and void, and lease/rental contract converts to a "contract of sale" for full "purchase price" of instrument, solely determined by lessor, with said "purchase price" being due on or before date of any bankruptcy filing procedure. All lease/rental or "purchase with option" merchandise must be removed/returned to lessor prior to any bankruptcy filing proceedings. By not allowing removal or returning said property, lessee admits of guilt so "the criminal conversion." of leased/rented property.
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