1. You agree to rent the instrument detailed in the Product Rental Description, on the terms and conditions of this agreement and the Product Rental description.
2. Notwithstanding the rental term specified in the Rental description, the terms of this agreement will continue from the date that You take possession of the instrument until the agreement is terminated by either party acting in accordance with this agreement.
3. We will deal with the Australian Privacy Principles in all dealings with You. A copy of the Size Music Privacy Statement is available below.
Ownership and Interest
4. You have a right to use the instrument for the purposes for which it was designed. The instrument remains Our property at all times. You must not –
4.1 part with possession of the instrument; or
4.2 give or attempt to give another person any interest in or right to the instrument.
5. You acknowledge that this rental agreement does not give You any right to purchase the instrument at any time. You also acknowledge that you are not entitled to any extension or holding over period once this agreement is terminated.
6. You agree to safely hold the instrument at the address listed in the Rental Subscription account. You agree to notify Us immediately in writing of the new address upon any change to the location where the instrument is held.
7. You are required to pay Us in advance, the Payment specified in the Rental Subscription for each Rental Term from the date that You take possession of the instrument until the instrument is returned to Us.
8. We will automatically debit the scheduled payment for the Rental Subscription from your authorized credit card at the beginning of each Rental Term until the instrument is returned to Us. If the scheduled payment is unable to be processed, a final notice will be sent to you. If the Final Invoice is not paid within seven (7) days, you will be invoiced for the Full Replacement cost of the Rental Instrument. If the Instrument Replacement invoice is not paid within a further seven (7) days, the invoice will be forwarded to Our debt collection agency.
9.In addition to Rental Payments and the Full Replacement cost, You will be responsible for all charges and costs We incur in seeking to enforce this agreement. You agree to pay all Recovery Costs within seven (7) days of receiving an invoice from Us.
Termination by You
10. You may terminate this agreement by giving Us at least seven (7) days notice before the termination date.
11. Before the Termination Date, You must –
11.1 return the instrument to Us in good working order, and in good repair; and
11.2 pay Us all outstanding amounts of Rental Payments, and any other Rental Fees due for the period up to the later of the Termination Date and the date that the instrument is returned to Us.
12. We agree to maintain the instrument for normal wear and tear, as well as accidental damage (if claimable pursuant to Our insurance), during the rental period. You are responsible for the cost of all other maintenance and repair work, and the cost of replacement of consumable items such as reeds, cleaners, lubricants and strings. Any maintenance and/or repair work must be carried out by Us. You will not allow any maintenance or work to be carried out on the instrument by any other person.
Loss or Damage
13. You must immediately tell Us if the instrument is damaged, stolen, lost or destroyed.
14. If the instrument is damaged, stolen, lost or destroyed You must pay Us the cost of such damage or the Termination Value of the instrument as directed by Us within seven (7) days of receiving an invoice from Us.
Termination by Us
15. If You –
15.1 do not pay all money due on time as required by this agreement;
15.2 part with possession of the instrument;
15.3 give or attempt to give another person an interest in the instrument;
15.4 do not give Us the information regarding the location of the instrument in accordance with clause 6;
15.5 do not take proper care of the instrument; or
15.6 if you are in breach of this agreement and fail to remedy that breach within seven (7) days of being notified of the breach by Us,
We may immediately terminate the agreement by notice to You.
16. If We give You a notice of termination, You must immediately –
16.1 return the instrument to Us in good working order, and in good repair; and
16.2 pay Us outstanding amounts of Rental Payments and any other Rental Fees due for the period up to the date of the notice of termination.
16.3 If We determine that the returned instrument is damaged (normal wear and tear excepted), You will pay the cost of such damage within seven (7) days of receiving an invoice from Us.
17. You acknowledge that –
17.1 Before entering into this agreement You received and read a copy of it;
17.2 You have not relied on Our skill or judgment in deciding to enter into this agreement;
17.3 You consider the instrument is in a satisfactory condition and is suitable for Your purposes; and
17.4 We have not made any representations, warranties or undertakings about the condition or quality of the instrument, its suitability or fitness for Your purposes;
18. To the fullest extent permitted by law, all express and implied terms, conditions and warranties other than those expressly set out in this agreement are excluded;
19. To the fullest extent permitted by law, You release us and indemnify Us against any loss or liability arising in connection with any injury to any person or loss or damage to property arising from the possession, operation or use of the instrument; and
20. To the fullest extent permitted by law, Our liability for any implied warranty or condition is excluded.
21. To the extent any warranty or condition cannot be excluded then it is limited as far as the law permits to one or more of the following as determined by Us:-
21.1 If the breach of an implied warranty or condition relates to services; the supply of the services again; or the payment of the cost of having the services supplied again.
21.2 If the breach of an implied warranty or condition relates to goods; the replacement of the goods or the supply of equivalent goods; the repair of such goods; or the payment of the cost of replacing the goods or acquiring equivalent goods or having the goods repaired.
22. All liability limitations, indemnities and releases continue after this agreement expires or is terminated.
23. The expiry of termination of this agreement does not affect any rights which have accrued prior to the expiry or termination of this agreement and the parties’ obligations with respect to such rights survive termination.
24. This agreement is governed by the laws of South Australia.
CREDIT REPORTING AND CREDIT INFORMATION POLICY
1. Purpose of this Policy
The purpose of this policy is to inform our customers of the following:
(a) the kinds of Credit Information that We collect and hold, and how We collect and hold that information;
(b) the purposes for which We collect, hold and use disclosed Credit Information;
(c) how a customer may access Credit Information held by us and request correction of that information;
(d) how a customer may complain about a breach of the Credit Reporting Privacy Code (‘CRC’);
(e) whether we are likely to disclose Credit Information to an overseas entity.
2. The kinds of Credit Information We collect and hold and How
We collect and hold the following types of Credit Information:
(a) Identification information including current and former names, addresses, age, occupation (employer details) and driver’s licence number.
(b) Details regarding applications for credit, including the type and amount of credit.
(c) Details regarding credit provided by Us.
(d) Details regarding the ending of any credit arrangement with Us.
(e) Details regarding payment owed to Us, in connection with the credit provided to you which is overdue for more than 60 days.
(f) Whether We consider that you have committed a serious credit infringement.
(g) Information about court proceedings, personal insolvency information and credit related publically available information.
(h) Any information about your credit worthiness and any administrative information about your credit accounts.
Generally we will collect Credit Information from you directly with your consent. We may occasionally collect Credit Information from a third party such as a Credit Reporting Body (‘CRB’). We may also be required to disclose your Credit Information to a CRB including where you fail to meet payment obligations or commit serious credit infringement. We will protect the Credit Information We hold from unauthorised access.
3. The purposes for which We collect, hold and use disclosed Credit Information
We may collect, hold, use and disclose your Credit Information as reasonably necessary by Us and as permitted by law, including to:
(a) consider whether We agree to provide you with credit and consider your credit worthiness;
(b) take debt recovery action and enforcement where necessary; and
(c) provide information to CRBs including where you fail to meet payment obligations or commit serious credit infringement.
The CRBs to whom we may disclose your Credit Information are listed below:
Vondoussas Lawyers, Angas Law Chambers, 85A Angas Street, Adelaide SA 5000
Dun & Bradstreet, PO Box 7405, 479 St Kilda Road, Melbourne VIC 3004
A copy of the credit reporting policy of the above CRBs will be available on request or via their websites. Please be aware that you have a right to request that the CRBs do not use your Credit Information for the purposes of “pre-screening” of direct marketing. You can also request that a CRB not use of disclose Credit Information about you if you believe on reasonable grounds that you have been or are likely to be, the victim of fraud.
4. How you may access Credit Information held by us and request correction of that information
You can request a copy of your Credit Information held by Us by e-mail, phone or fax (refer to the contact details on this website). We will need to authenticate your identity in order to respond to your request. You can also contact us to make a request that any Credit Information be corrected. If we are satisfied that the information is incorrect we will then take reasonable steps necessary to correct the Credit Information which we hold.
If you consider that we have failed to comply with our obligations in relation to the CRC please contact us to discuss and We will attempt to resolve any issues. Alternatively you may also complain to the Information Commissioner. The relevant contact details are as follows:
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001
Telephone 1300 363 992
Facsimile 02 9284 9666
6. Overseas Entities
We do not currently share Credit Information with any overseas entities.
7. Further Information
If you have any queries regarding our Credit Reporting Policy, please contact us (refer to contact details on this website).