ADAMS — Timpani

Instrument rental contract

Instrument rental contract
 
This agreement is signed by the following parties in Xicheng District, Beijing on the month of 2018:
Party A (lessor): Beijing Jianli Percussion Art Center
Legal representative:
Address:
Contact person:
Telephone:
Email:
 
Party B (Tenant):
ID card number:
Legal representative:                     
Address:                            
Contact person:
Telephone:                                                                                 
Email:
 
In accordance with the Contract Law of the People's Republic of China, in order to clarify the rights and obligations of the lessor (Party A) and the lessee (Party B), this agreement is concluded after mutual agreement between the two parties.
 
Article 1 Leased property
 

  Note: The calculation method for the value of the statement of the leased property is: the statement value of the leased property = daily rental income of the leased property × 100.
 
    Article 2 Term of lease
2.1 The lease term shall be calculated from the date of shipment of the leased property (i.e., from the date of shipment of the leased property from Party A's warehouse) until the date when the leased property is returned to Party A's warehouse.
2.2 The total rental period is days, from the date of the month and day of the year to the date of the month and day of the year, but the specific rental period shall be subject to the actual rental period.
Article 3 Rent, transportation expenses and payment terms and methods
3.1 The total rent is RMB                （¥        ）。
3.2 Payment period and method of rent: Party B shall pay the rent to Party A's account within 2 days from the date of signing this contract. The account information of Party A is as follows:
    Account opening name:
    Opening bank:
    Account number:
3.3 All transportation expenses incurred by the leased property shall be borne by Party B. The specific amount shall be subject to the actual transportation expenses incurred. If Party A transports the leased property for Party B, Party B must receive the leased property at the agreed location between the two parties. After the leased property is used up, Party B must return the leased property to the above-mentioned location. If Party B retrieves the leased property from Party A's warehouse, Party B shall return the leased property to Party A's warehouse.
 
Article 4 Time, place, method and acceptance of delivery of the leased property
4.1 Party B shall notify Party A in writing three working days in advance and confirm the name, model, specifications, quantity, etc. of the leased property to Party A. If Party B picks up the leased property from Party A's warehouse, Party B shall confirm the relevant above information of the leased property with Party A; if Party B chooses to have Party A transport the leased property, Party B shall also negotiate with Party A and confirm the time, place, contact person and telephone number of the arrival of the leased property. The risk of damage or loss of the leased property shall be borne by Party B when the leased property is handed over to Party B.
4.2 If Party B picks up the leased property by itself, Party B shall arrange a special person to pick up and return the leased property to Party A's warehouse. Party A shall arrange a special person to escort the leased property with the car, but Party B shall handle the loading, unloading and transportation of the leased property by itself. Party B picks up the leased property from Party A's warehouse. Party B shall accept it on the spot and sign on the acceptance form to confirm. The special person arranged by Party B shall sign on the acceptance form on behalf of Party B to confirm that the leased property has been accepted as qualified.
4.3 If Party B chooses to transport the leased goods in the direction of Party A, Party B shall arrange a special person to receive and return the leased goods to the agreed location between the two parties. Party B shall handle the loading, unloading and transportation of the leased goods by itself. Party B shall arrange a special person to receive the leased goods at the agreed location between the two parties. After the leased goods arrive at the agreed location between the two parties, Party B shall accept them on the spot and sign the acceptance form to confirm. The special person arranged by Party B shall sign the acceptance form on behalf of Party B to confirm the acceptance qualification of the leased goods.
4.4 If Party B cannot return the leased property according to the time specified in this contract, Party B shall bear the additional rent resulting from this. If the delay exceeds one day, Party B shall pay Party A's rent according to the actual delay time, and the rent shall be calculated on a daily basis. If Party B's delay in returning the leased property to Party A causes any loss, Party B shall bear the liability for compensation.
 
Article 5 Guarantee of the leased property
Party A guarantees that the rented equipment provided is of excellent quality and stable pitch.
 
Article 6 Definition of damage to leased property and compensation methods
6.1 The right to define the damage of musical instruments belongs to Party A.
6.2 If the following circumstances occur, the leased property shall be deemed to be completely damaged, and Party B shall compensate Party A for the equivalent amount of the declared value of the damaged leased property:
(1) Partially or mostly burned by fire.
(2) Falling from a high place, causing serious deformation and damage to the leased property.
(3) The leased property was stolen.
6.3 If the following situations occur, the leased property shall be deemed damaged, and Party B shall compensate Party A according to the actual repair costs, transportation costs, etc. according to Party A's quotation, but Party A's quotation shall not exceed the declared value of the damaged leased property:
(1) Accidental falling, causing deformation of the mechanical structure of the musical instrument and depression of the tube body.
(2) Due to improper use and maintenance, the cushion of the instrument (woodwind instrument) is damaged, the tube body cracks, the piston of the (brass instrument) is deformed, and the tuning tube is deformed, etc.
(3) The deformation and misalignment of the mechanical parts of the musical instrument make it difficult to use.
(4) Improper use can cause the surface of the instrument to peel off and scratch.
(5) Other cases of damage to the leased property.
6.4 After the damage occurs, Party B shall immediately contact Party A and protect the scene. If the responsibility is confirmed, Party B shall pay compensation to Party A in accordance with the provisions of this Article within 7 days from the date of the accident.
6.5 In the event of adverse weather conditions (such as rain, sand, cold, excessive sun exposure, etc.) for outdoor performances, Party B shall notify Party A in writing, and Party B must withdraw all rented items indoors by itself to ensure the safety of the rented items. Party B shall not use the rented items under the above weather conditions. If Party B fails to inform Party A, or Party B continues to use the rented items without withdrawing them after informing Party A, it shall be deemed as a breach of contract by Party B. Party A has the right to withdraw all rented items by itself or entrust others to do so. Party A shall not be liable for any damages caused to Party B or any third parties due to the withdrawal of the rented items. Party B shall bear the liability for compensation for damages caused to Party A as a result of this.
6.6 Under no circumstances shall the rent and transportation costs of the leased property be refunded once Party A delivers the leased property to Party B or the leased property has been in transit from Party A.
 
Article 7 Force majeure
Neither party shall be liable for compensation for losses caused by unpredictable factors such as earthquakes, wars, tsunamis, etc., and the occurrence and consequences of such factors are unavoidable and insurmountable. Force majeure under this contract does not include meteorological factors such as lightning, rain, snowfall, hail, sandstorms, etc.
 
Article 8 Dispute resolution
All disputes arising out of or related to this contract shall be resolved by negotiation between the parties. If negotiation cannot be resolved, both parties have the right to sue the competent people's court in Xicheng District, Beijing, where the contract was signed.
 
Article 9 Other Terms
9.1 Both Party A and Party B shall determine that the address specified in the first part of this contract is the communication and contact address of both parties. Any written notice sent to this address shall be deemed valid; if the contact information of either party changes, it shall be notified to the other party in a timely manner. Otherwise, the documents sent to the original address shall still be deemed to have been delivered. Short messages and email are valid means of delivery.
9.2 This contract shall take effect after being signed and stamped by both parties. This contract (and Accessories) shall be in two copies, one for Party A and one for Party B, which shall have the same legal effect.
9.3 After the effective date of this contract, Party A and Party B shall enter into a supplementary agreement for any changes or supplements to the content of the contract. Any provisions of the supplementary agreement that are inconsistent with this contract shall be governed by the supplementary agreement.
(There is no text below, it is a signature page)
Party A (stamped):Beijing Jianli Percussion Art Center      
Legal representative or authorized representative (signature):
          
Party B (stamped):
Legal representative or authorized representative (signature):
                                        Signing date: year month day