Gadsden Music Company, Inc.

(800) 264-7228

Since 1971

Terms & Conditions

Terms and Conditions


Buyer agrees: that the seller may assign this Agreement to a Holder; that no assignment of this Agreement, or any interest hereunder, or loss, damage, injury or destruction of goods shall release Buyer from his obligations hereunder: to keep the goods free of all taxes, liens, and encumbrances; to take good care of the goods and maintain them at Buyer’s address shown on this contract; not to transfer any interest in the goods without prior written consent of the Holder hereof; that the goods or any part thereof shall not be considered a fixture or a part of real property to which they may be affected; to immediately notify the Holder of the sale or other deposition of any real property on which the goods are placed; that all rights of exemption in Homestead and other laws except as to garnish are hereby waved; that Holder is authorized to correct patent error in this Agreement; that Seller’s assignee is entitled to all rights of Seller.

Time is of the essence of this agreement. If the Buyer defaults as to any obligations hereunder, then the entire indebtedness shall become immediately due and payable, and Seller may, without notice, demand or legal process, take possession of the merchandise wherever located, which possession Lessee covenants and agrees to peacefully surrender to Lessor or its duly authorized agent, and Lessor may retain all monies paid thereon for use of said merchandise, Buyer agrees to pay all reasonable expenses incurred by the Holder in connection with any repossession, or sale of the goods or otherwise incurred by reason of the Buyer’s default, and when the unpaid balance after default exceeds $300, the Buyer further agrees to pay a reasonable attorney’s fee provided the attorney is not salaried employee of the Holder, except that in no event shall attorney’s fee exceed fifteen (25%) of the unpaid balance after default. All notices or statements required to be given to Buyer shall be properly given if mailed to Buyer’s address shown on the face hereof.

This Agreement constitutes the entire agreement between the parties and shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, executors, administrators, successors and assigns. Any provision of this Agreement which is prohibited by law shall be automatically reformed to be in compliance therewith and shall be ineffective to the extent so prohibited without invalidating the remaining provisions of this agreement.

Default: You will be in default under this contract if:

  1. You do not make any payment on time;
  2. You break any promise made under the contract;
  3. You have made any false or misleading statement in your credit application;
  4. The goods are lost or destroyed (unless covered by casualty insurance);
  5. You do not keep the goods properly insured;
  6. You are (or any other person puts you) in bankruptcy, insolvency, or receivership.

Effect of Default: When you are in default, we may require that the entire unpaid balance of your obligation, less a refund of unearned Finance Charges, be paid at once without prior notice or demand. The refund will be computed by the Rule of 78’s method.

If we require you to pay the balance or your obligation, we can take possession of the Goods. You will deliver the Goods to us at any time and place we choose. If you don’t or if we wish, we can take possession of the Goods without giving you advance notice. If we take possession of the Goods we won’t be responsible for any of your property that is not covered by this contract hat you may leave inside the Goods, but we will try to return the property to you. After we have taken possession of the collateral, we can sell it and apply our obligation. We will give you notice of any public sale r the date after which we will be free to have a private sale. You will have to pay the costs we incur in taking possession of an selling the collateral. If the sales proceeds are not enough to pay us the unpaid balance of your obligation, and to reimburse us for these expenses, you will have to pay the difference. You are entitled to any excess if the sales proceeds are more than you owe us. If this contract is referred to an attorney who is not our employee for collection, you also agree to pay attorney’s fees not exceeding 15% for the unpaid balance plus court costs.

Interest After Maturity: If any portion of the balance remains unpaid after maturity, you agree to pay finance charges (currently 15%) on the balance at the rate as specified under Alabama law until the balance is fully paid. or we obtain a judgment against you.

Other Rights: We can delay enforcing any of our rights under this agreement any number of times without losing them. We can enforce this agreement against your heirs and legal representatives. If we agree to change the terms of your loan, you agree that this agreement will continue to protect us.

If this agreement is with more than one buyer, we can waive or delay enforcing a right as to one buyer without waiving it as to any other. Also, we can release one of your from his or her responsibilities under this contract without releasing the other. we need not give any notice of our waiver, delay or release.

Applicable Law: This agreement will be governed by Alabama law. If any part of this agreement is unenforceable, this will not make any other part unenforceable.

Form A
In Case of Errors or Inquiries About Your Bill

The Federal Truth in Lending Act requires prompt correction of billing mistakes.