Terms & Conditions for Music Instruments on Rent
Document Overview:
Please read the Terms and Conditions carefully before booking musical instruments on rent and print off a copy for your records. We provide singing classes, music classes, and child consultation also.
1. TERM: This Agreement shall commence on the date the products (more fully set out in the Schedule) (“Product(s)”) are delivered to the Customer and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the Product(s)] expires and the Products is returned to GigBag unless terminated earlier or extended pursuant to the Flexi tenure policy.
2. FLEXI TENURE POLICY: GigBag provides its Customers, an option to opt for flexible tenure (“Flexi Tenure”) for early closure and/or extension of the term of the Agreement. In case of early closure, the Customer can request for closing the order by informing GigBag, 2 (two) weeks prior to the closure date. GigBag provides its Customers with different monthly rental rates for musical instruments on rent depending on the tenure of the Agreement at the time of order placement. In the event of early closure, the difference in monthly rental amount shall be calculated as per the monthly rental rates between Agreement tenure (the tenure selected at order placement) and Actual tenure served (effective tenure at early closure) will have to be paid.
For extension of the term beyond the Agreement tenure by the Customer, the monthly rate applicable at the time of extension shall be followed for calculation of rental amount for the extension period. Any extension or early closure shall be done only through the GigBag website and such extension or early closure shall be deemed to be pursuant to this Agreement. GigBag reserves the right to revise the rental rates any time at its sole discretion.
3. PAYMENT: You can opt for our various other services like music classes, singing classes, and repair the musical instruments. The invoice for musical instruments on rent shall be raised by GigBag on the 1st day of every month and the due date for payment shall be the 10th day of the month (“Due Date”).
The customer shall pay the rental charge as per the invoice raised and mailed to the Customer’s registered e-mail address. Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fees shall be applied three times each month; 10% on the 11th day of the month, another 5% on the 18th day of the month, and another 5% on the 25th day of the month, the late fees shall be applied only on the pending amount. In case the products are delivered any time during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month.
The Customer shall make all payments to GigBag only. GigBag shall not be liable for any payment made to any broker/third party by the Customer. GigBag reserves the right to share information with credit rating agencies pursuant to Clause 15 of the Agreement. The Customer hereby agrees that non- payment of rental dues, late fees, asset value leased and any other non-payment, may affect the credit rating of the Customer and GigBag shall not be liable for any claim from the Customer for sharing such information with credit rating agencies.
4. SECURITY DEPOSIT: In addition to the monthly rental, the Customer shall pay a refundable Security deposit (“Security Deposit”). The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to the Customer on the termination and after taking delivery of all the Products from the possession of the Customer. Once the final quality check is performed on all the Products, and in case no damage is found, the Security Deposit shall be refunded within 15-21 working days to the Customer. GigBag shall refund the Security Deposit to the account from which initial the Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to GigBag via e-mail from the registered e-mail address of the Customer and/or upload the account details on the dashboard available on the GigBag website, prior to the pick-up of the Products. The same account details shall be confirmed at the time of the reverse pick up of the Products.
In case any damage is found in any Product, GigBag shall have the right to deduct the charges for the damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. In case of default in the payment of monthly rentals (including late fee), GigBag shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit.
5. ORDER CONFIRMATION: Book music instruments for rent in Pune, music instruments for rent in Bangalore, and music instruments for rent in Delhi. You can also book music classes near me and singing classes near me. We provide music classes online and singing classes online.
On receipt of the order and the Security Deposit, GigBag shall confirm the order with the Customer by sending a confirmation to the registered e-mail address of the Customer. In the event, any product selected by the Customer ¡s unavailable, GigBag shall inform the same to the Customer. GigBag reserves the right to replace any product selected by the Customer in the event of unavailability. The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the Security Deposit shall not be considered as a valid contract. In the event, the Customer does not accept the substitute Product, GigBag shall refund the Security Deposit paid by the Customer as per clause 4 of this Agreement.
The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer location as per GigBag Policy. In case the KYC verification is not successful or the location is not serviceable by GigBag, GigBag reserves the right to reject the Customer’s order any time prior to delivery, at its sole discretion without assigning any reason even after successful KYC or serviceability of the location. In the event, the order is rejected by GigBag the Security Deposit paid by the Customer shall be refunded to the Customer as per clause 4 of this Agreement
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6. DELIVERY: On confirmation of the order by the customer, GigBag shall deliver the Products to the location specified by the Customer. The cost of the delivery shall be borne as per tenure policy. The Customer shall be present at the location at the time of delivery agreed between GigBag and the Customer. In case the Customer ¡s unavailable at the time of delivery the Customer shall appoint a representative (give an authorization letter) for taking delivery of the Products and the same shall be communicated to GigBag prior to the delivery. The representative shall provide a copy of his/her ID proof and an authorization letter from the Customer to the delivery personnel assigned by GigBag.
In case the Customer ¡s not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, GigBag shall charge an extra delivery cost to the Customer.
GigBag shall inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to the Customer. The Customer or its appointed representative shall inspect the Products for any damage and quality during the time of delivery. In case any Product is damaged during transit or unfit for use, GigBag shall replace the same at its own cost and in case a replacement ¡s not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage ¡s brought against the Product after the acceptance of delivery by the Customer, GigBag shall not be responsible for replacing the Product and shall levy damage to be ascertained as per the damage policy below.
The Customer shall ensure the entry of delivery vehicle inside the premises where the delivery location is situated and ensure that prior permission is obtained for the use of the elevator of the building, for delivery of the Products to the location.
7. DAMAGE: The Customer hereby agrees that any damage caused to the Product or theft (including disappearance) or loss, shall be liable towards repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair, the Customer shall be liable to pay GigBag the market price of the Product Minor scratches and chipping (depending on size) shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the quality control document signed by the Customer and the photographs taken on delivery and return pickup day.
GigBag shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the Customer. In the event, it is found that in any Product, any substandard parts arc used, or repair carried out by any person not authorized by GigBag, then a penalty may be levied as per the policy of GigBag. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Product shall be considered as damage to the Product and shall be chargeable against the Customer. A damage claim report shall be sent to the Customer’s registered e-mail address.
A quality check-report stating the damages if any or a clearance sheet will be created and a copy of the same will be provided to the Customer immediately.
8. MAINTENANCE: GigBag shall provide maintenance of the Products delivered to the Customer, for the entire duration of the Agreement or on request from the Customer. The periodic maintenance shall not include any damage or breakdown due to mishandling by the Customer. GigBag shall carry out the maintenance/repair of the Product within 5-6 working days after the request has been is raised by the Customer, In the event, the issue is not resolved during repair, GigBag shall provide a replacement for the Product. Any additional cost incurred by GigBag during the maintenance and cleaning due to damages shall be borne solely and paid by the customer, either via online payment or as advised by GigBag service representative.
9. INSPECTION: GigBag reserves the right to inspect the Product delivered to the Customer during the term of the Agreement GigBag shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any inconvenience to the Customer. The Customer shall ensure that the representative of GigBag is provided with proper access to all the Products/premises for inspection.
10. RELOCATION: In case the Customer wishes to relocate or remove the Product(s) from the registered address, a request shall be made to GigBag 2 (two) weeks prior to the date the Customer wishes to relocate the Product along with the address proof of the new address.
Once the request ¡s raised, GigBag shall remove or relocate the Product through its personnel only as per the mutually decided date with the Customer. Relocation shall be subject to successful verification of the KYC of the Customer’s new address and serviceability of the new location. In the event, the location is not serviceable by GigBag, the same shall be treated as early closure of the Agreement as per the Flexi Tenure Policy and the rental dues shall be payable as per the Flexi Tenure Policy.
11. SWAP OPTION: GigBag provides its Customers to swap the Products taken on rental basis on the following terms and conditions:
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Customer is eligible for swapping of Product after completion of a minimum of 12 (twelve) months continuous tenure;
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Swap option will be valid only on Products of equal or of a higher value of the current Product used by the Customer;
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Time taken for swapping of the Product shall be 7 (seven) days from the receipt of the request by GigBag. Subject to the availability of the new Product requested by the Customer; and
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Swapping option shall be available only for the Products of the same category only.
12. TERMINATION: In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on the last day of the rental term.
GigBag shall have the right to terminate this Agreement in the following events;
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the default of payment of rental dues or any other payment dues by the Customer;
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breach of any of the terms of this Agreement.
Consequences of termination:
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GigBag shall have the right to take possession of the Products delivered to the Customer immediately;
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Any payment pending from the Customer shall become payable immediately to GigBag.
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The Security Deposit paid by the Customer shall be refunded to the Customer post the damage assessment of the Products, as per clause 4 of this Agreement.
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In case of termination due to non-payment of rental dues, the Security Deposit refund shall be determined subject to clause 4 of this Agreement.
13. OWNERSHIP: GigBag shall at all times during the term of this Agreement retain title to and /or be the beneficial owners of the Products delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Customer. The Customer shall give immediate notice to GigBag if any of the Product is about to become liable or is threatened with seizure and the Customer shall indemnify GigBag against all loss and damage caused by such action against its Products.
14. ASSIGNMENT: The Customer shall not assign or transfer any interest in this Agreement or the Products without the written consent of GigBag. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. GigBag reserves the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.
15. INDEMNIFICATION: The Customer shall indemnify, defend and hold GigBag harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any product damage or personal injury arising from the Customer’s use of the Product by any cause, except to the extent such is caused by Gigbag negligence or wilful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall GigBag be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.
16. GOVERNING LAW: This Agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in Pune.
17. ENTIRE AGREEMENT: This Agreement (together with the Annexure) constitutes the entire agreement between GigBag and the Customer. The acceptance of this Agreement also signifies the acceptance of the Customer, to the terms and conditions on the GigBag website (including the privacy policy). ¡n the event of any conflict between the terms and conditions on the GigBag website and this Agreement, the terms and conditions on the GigBag website shall supersede.
DISCLAIMER
GigBag reserves the right to cancel the orders completely or partially without prior information & in such scenarios the complete deposit amount paid will be refunded within 7 working days.
Any current or future orders placed by the Customer have no connection with any of his/her previous orders.