Hickeys, for the "POM" charge shown on the first page of this form, will waive any liability you may have to Hickeys with regards to Repairs to the Instrument,
Damage to the Instrument or Theft of the Instrument, subject to the following:
- If the instrument becomes damaged or deteriorates in performance, Hickeys will repair and/or regulate the instrument to proper playing condition without charge.
This does not apply to deterioration of appearance which does not affect the performance of the instrument, such as scratches, minor dents and imperfections in
the finish. Specifically excluded from this waiver are normal user wear items such as, but not limited to: strings, rosin, bow hair, mouthpieces, reeds, swabs,
lubricants, drum heads, drum sticks, lyres, lost parts, user-installed equipment and/or special or custom equipment.
- An instrument stolen or totally destroyed by fire, occurring not through the fault and/or malicious intent of the Lessee will be replaced by Hickeys with an
instrument of similar quality to the one originally rented. Hickeys will replace said instrument provided that the theft or destruction is reported to the proper civil
authorities, and a written police or fire report is made within twenty-four (24) hours of the event. Hickeys will require a copy of this report documenting
any theft or destruction.
- Any claim for repair or replacement hereunder shall not be construed to alter or diminish the terms of this Agreement. If you default in any payment of the
accompanying Agreement, this POM Waiver will lapse as of such default and may be reinstated only by permission of Hickeys.
- This Waiver is not in effect outside of New York State, with the sole exception of school-sponsored travel that requires the use of the instrument. Hickeys will NOT
replace any instrument that is lost outside of New York State, whether the travel is school-sponsored or not.
- All repairs and replacements for which claims are made under this Waiver must be made by Hickeys. No others will be honored. Under no circumstances may any
other party or repair shop perform work on this instrument other than Hickeys, unless prior written consent is given by Hickey's authorizing such work.
- IMPORTANT: Under no circumstances will POM apply to an instrument which has been subject to intentional or malicious damage or destruction; lost, forgotten
or misplaced; unauthorized repair attempts; and/or shipment in inadequate packaging, by the Lessee or their agent. Hickeys shall be the sole judge in all cases.