A. “TRMC” and “Our” refers to the provider of this TRMC Guitar Maintenance Plan or “GMP”, Third Rock Music Center located at 1232 Eight Mile Rd, Cincinnati, OH 45255, 513-843-5739.
B. “You” and “Your” refers to the owner of the Covered Instrument and subsequent purchaser of this Guitar Maintenance Plan.
C. “Covered Instrument” refers to 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.
D. “Agreement” refers to terms, conditions, limitations, and exclusions contained in this TRMC Guitar Maintenance Plan.
2. Instrument Eligibility:
A. This Agreement shall apply to acoustic guitars, electric guitars, and bass guitars only.
B. Instruments not eligible include Floyd Rose Tremolo Systems, twelve string guitars and classical guitars.
C. TRMC reserves the right to determine GMP eligibility based on condition, brand, make or model of guitar.
3. Initial Term and Renewal:
A. The “Initial Term” of this Agreement begins on the date the GMP was purchased through TRMC (the “Start Date”) and extends to the “End Date” which is One (1) year from the Start Date.
B. This Agreement may be automatically renewed, and the current End Date may be extended in yearly increments. 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. TRMC reserves the right to refuse any renewal for any reason. If You agree to renew this Agreement for an additional term, You hereby authorize TRMC to charge Your credit card for the renewal fee.
C. Fees associated with this Agreement are non-refundable.
D. GMP’s purchased through TRMC’s website are subject to approval. Final approval is granted upon inspection by an employee of Third Rock Music Center. Any instruments that do not meet standards set forth by this agreement shall be given a full refund.
E. You shall pay in full to TRMC an annual maintenance fee (“Maintenance Fee”) in the amount of $99. TRMC shall have the right to refuse maintenance and support, if You are more than (30) days delinquent in payment of Maintenance Fees. Annual Maintenance Fees are subject to change without notice.
A. Labor for basic set-ups and restrings are covered beginning on GMP Start Date through End Date, which is one calendar year from start date.
B. Basic Set-ups may include the following: re-stringing, tuning of your choice, truss rod adjustment for correct neck relief, string height adjustment, fingerboard cleaning and conditioning, intonation adjustment, electronics checked and cleaned, pick up heights balanced for even response, full cleaning & polish, adjustment to neck pitch (where applicable) and tremolo balancing on floating bridges.
5. How to Obtain Service:
A. Covered Instruments may be dropped off at TRMC during normal business hours. Curbside service is available for guitar service and repair.
B. All Covered Instruments must have a case or gig bag when dropped off for service.
C. Service may take up to five business days to complete.
6. What is Not Covered:
A. Strings are not included and must be purchased or provided separately.
B. Damage caused by intentional or negligent acts of omission as determined solely by TRMC.
C. Replacement of lost or broken parts such as batteries, bridge pins, keys, etc.
D. Cosmetic damage or wear and tear such as scratches.
E. Repairs to Covered Instrument’s cases or bags.
F. Damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Instrument, unauthorized service or repair, or alterations or modifications made to a Covered Instrument as determined solely by TRMC.
G. Reimbursement for services performed outside TRMC.
H. Finishing / Restoration.
I. Fret replacement or dressing.
J. Removal of biological and chemical fluids or stains.
K. Damage resulting from fire, water, loss or theft.
7. Termination and Renewability:
A. Third Rock Music Center reserves the right to terminate this Agreement at any time for any reason.
B. This Agreement is not transferable.
C. Under this Agreement, the GMP is automatically renewed unless You give thirty (30) day written notice prior to End Date. Fees are subject to change without notice.
A. This Agreement shall be governed by the Laws of the State of Ohio without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Ohio or any other jurisdictions) that would cause application of the Laws of any jurisdiction other than the State of Ohio.
B. TRMC shall not be liable for any failure or delay in performance under this Agreement to the extent said failures or delays are affected by causes beyond TRMC’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, labor or civil unrest; terrorism or acts of war; degradation or interruption of telecommunications or internet service; or severe weather conditions.
C. You agree to indemnify and hold harmless TRMC 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 TRMC 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.
D. There are no warranties, express or implied.