NEMC EasyCARE365 Maintenance Plan Terms and Conditions

In order to be eligible for the coverage offered under the NEMC EasyCARE365 Maintenance Plan and this Agreement, a musical instrument

(a) must have been purchased through the NEMC Rental Program;

(b) must have been covered under the optional Damage Waiver while on rental;

(c) must have an acquisition date which is less than or equal to three (3) months from the date the NEMC EasyCARE365 Maintenance Plan and this Agreement is selected and payment is made.

NEMC will perform required maintenance and/or repair of the Instrument to maintain the Instrument in good playing condition at Our discretion. There is no deductible required to obtain service for Your Instrument. Parts will be replaced with those of like kind and quality at Our discretion, and may be new or remanufactured.

Neither NEMC, nor its agents, contractors, or licensees, are liable for any incidental or consequential damages, including, but not limited to, lost time, loss of use of covered product or any other damages resulting from the breakdown or failure of Your Instrument, delays in servicing or the inability to service any Instrument, except as required by law. The maximum liability of NEMC under this Agreement is the cost of the authorized repairs of the Instrument. If NEMC is unable to repair an Instrument, the Instrument will be returned to You at NEMC”s expense and NEMC will refund the pro-rated remaining amount of the purchase price for this NEMC EasyCARE365 Maintenance Plan.

If Your Instrument requires maintenance or repair while this Agreement is in effect, contact your local music dealer where you originally rented your Instrument, or contact NEMC at the customer service toll-free number at (800)526-4593 during the hours of 8:30 am to 5:00 pm EST Monday through Friday or email NEMC at [email protected]. NEMC will instruct You on how to obtain service on Your Instrument. You will be responsible for freight charges for the delivery of Your Instrument to an authorized service center. NEMC will select the shipping method and delivery service and pay freight charges to return the Instrument to You. NEMC is not responsible for damage to the Instrument in shipping caused by improper packaging by You or Your representative. Repair work performed on the Instrument that is not authorized by NEMC will render this Agreement null and void.

Definitions:

“NEMC” and “Our” refers to the seller of this NEMC EasyCARE365 Maintenance Plan, National Educational Music Company, Ltd. located at 1110 Centennial Ave, STE 2, Piscataway, NJ 08854, (800)526-4593.
“You” and “Your” mean the owner of the covered Instrument and subsequent purchaser of this NEMC EasyCARE365 Maintenance Plan and any authorized transferee/assignee of the purchaser.
“NEMC Rental Program” means the program offered by NEMC through which a customer may rent a band or orchestra musical instrument and become the owner of the musical instrument by fulfillment of all obligations required by the agreement to transfer ownership to the purchaser.
“Instrument” means the musical instrument which is identified by the model number and serial number listed in this Agreement and is eligible for coverage under this Agreement.
“Agreement” means the terms, conditions, limitations and exclusions contained in this NEMC Maintenance Plan.

Instrument Eligibility:

In order to be eligible for the coverage offered under the NEMC EasyCARE365 Maintenance Plan and this Agreement, a musical instrument (a) must have been purchased through the NEMC Rental Program; (b) must have been covered under the optional Damage Waiver while on rental; and (c) must have an acquisition date which is less than or equal to three (3) months from the date the NEMC EasyCARE365 Maintenance Plan and this Agreement is selected and payment is made.

Initial Term and Renewal:

The “Initial Term” of this Agreement begins on the date the eligible Instrument was purchased through the NEMC Rental Program (the “Start Date”) and extends to the “End Date” which is One (1), Two (2), or Three (3) years from the Start Date, depending on the number of years selected and paid for in the Initial Term.
This Agreement may be renewed and the current End Date may be extended for One (1), Two (2), or Three (3) additional years, up to a maximum of a total of six (6) years from the Start Date of the Initial Term by payment to NEMC of the renewal fee offered at the time of the renewal and associated with the number of years of the renewal period. Any renewal of this Agreement and extension of the End Date must be selected and paid for within thirty (30) days of the then current End Date or this Agreement will terminate. NEMC reserves the right to refuse any renewal for any reason. If You agree to renew this Agreement for an additional term, You hereby authorize NEMC to charge Your credit card for the renewal fee for the number of years of coverage for which You are eligible and for which You select. If Your Instrument is being serviced by an authorized service center when Your current Agreement term expires, the term of this Agreement will be extended until the covered repair has been completed.
Fees associated with this Agreement are not refundable.

Coverage:

Limit of Liability:

Neither NEMC, nor its agents, contractors, or licensees, are liable for any incidental or consequential damages, including, but not limited to, lost time, loss of use of covered product or any other damages resulting from the breakdown or failure of Your Instrument, delays in servicing or the inability to service any Instrument, except as required by law. The maximum liability of NEMC under this Agreement is the cost of the authorized repairs of the Instrument. If NEMC is unable to repair an Instrument, the Instrument will be returned to You at NEMC’s expense and NEMC will refund the pro-rated remaining amount of the purchase price for this NEMC EasyCARE365 Maintenance Plan.

How to Obtain Service:

What is Covered:

Regulation and adjustment necessary for proper playability as determined solely by NEMC.
Pulling of stuck slides, valves, or mouthpieces.
Replacement or re-seating of pads, corks, felts, or springs for proper playability at NEMC’s sole determination.
Cleaning and lubrication necessary for proper playability at NEMC’s sole determination.
Removal of dents that affect the playability of the instrument.
General inspection and general maintenance, as determined solely by NEMC.

What is Not Covered:

Damage from abuse, misuse, mishandling, introduction of foreign objects in to the Instrument, unauthorized service or repair, or alterations or modifications to an Instrument as determined solely by NEMC.
Damage caused by intentional or negligent act or omission as determined solely by NEMC.
Replacement of lost parts.
Cosmetic damage or wear, such as scratches, plating wear, or lacquer peeling or wear.
Instrument cases or stringed instrument carrying bags.
Accessory items such as bows, bow hair, reeds, strings, rosin, drum sticks, drum heads, mouthpieces, mouthpiece caps, mouthpiece ligatures, lubricants, straps, cleaning rods, swabs. Other accessory items may also not be covered.

Transferability:

This Agreement applies only to the original covered Instrument and cannot be transferred to a different type, make, model, or serial number instrument.
If the Instrument is given or sold by the original purchaser of this Agreement, this Agreement is transferrable to the new owner of the Instrument.
The Instrument may be registered to a new owner by mailing or emailing to [email protected] the Agreement reference number, name and address of the original Agreement owner, name and address of the new Instrument owner, make, model and serial number of the Instrument, and the date of the transfer of ownership.

Miscellaneous:

This Agreement shall be governed by the Laws of the State of New Jersey without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdictions) that would cause application of the Laws of any jurisdiction other than the State of New Jersey.
NEMC shall not be liable for any failure or delay in performance under this Agreement to the extent said failures or delays are proximately caused by causes beyond NEMC’s reasonable control (whether or not foreseeable) and occurring without its fault or negligence, including, without limitation, acts of any foreign, federal, state, or local government; fires, floods, or other natural disasters; strikes or labor unrest; terrorism or acts of war; degradation or interruption of telecommunications or internet service; or severe weather conditions.
You agree to indemnify and hold harmless NEMC and each of its respective directors, officers and employees against any and all loss, liability, damages, penalties and expenses, including attorneys’ fees, or other cost or obligation (“Damages”) resulting from or arising out of claims, lawsuits, demands, settlements, investigations, or judgments brought by any third parties against NEMC in connection with this Agreement, that are caused as the result of any act or omission by You or by any agent under Your control.
As between You and NEMC, the Instrument is provided to You “AS IS.” NEMC makes no representations or warranties of any kind, and hereby disclaims any and all warranties, express or implied.
Any dispute arising out of or relating to this Agreement shall be submitted to final and binding arbitration in the State of New Jersey, County of Union, in accordance with the American Arbitration Association (“ABA”) Arbitration Rules. Any decision, determination and/or award rendered by the arbitrator shall be final and binding upon the parties, and judgment upon any such decision, determination and/or award may be entered in any court having jurisdiction thereof.