RENTAL AGREEMENT
By entering into the Rental Agreement, you (the “Renter”) agree to rent the equipment as specified in the invoice (the “Equipment”) issued by Beara Group, Inc. (the “Owner”) to the Renter (the “Invoice”) according to these terms and conditions:
Rental Period: The term of this Rental Agreement begins from the date and time the Equipment is delivered to the Renter to the date and time the Equipment is picked up by the Owner (the “Rental Term”). The pickup and delivery locations will be set forth in the Invoice unless both the Owner and the Renter agree otherwise.
Warranty: The Owner warrants to Renter that the Equipment when delivered to Renter is in good operating condition and free of damages, including dents, marks, and holes, but excluding minor scratches. Defects or discrepancies in Equipment must be reported to the Owner within 24 hours after Renter receives the Equipment. If the Renter fails to inform the Owner in such time, the Equipment shall be deemed to be received by Renter in good condition and Owner shall not be responsible for any damages to the Equipment during the Rental Term. If any Equipment is determined to be defective, the Owner’s sole liability and the customers’ sole and exclusive remedy shall be for the Owner to replace any such defective Equipment with non-defective Equipment, at no additional cost to the Renter, as soon as practicable. The Owner makes no warranty expressed or implied that the Equipment is fit for any particular purpose.
Liability: Owner shall not be responsible for any loss or damage to Renter’s business or property or for injury or death to persons resulting or arising from the operation, use, possession, or transportation of Equipment. Renter shall indemnify, defend and hold harmless Owner, its owners, directors, officers, employees and agents from any claims, and/or resulting damages and losses and expenses, including associated legal fees and expenses arising from Renter’s breach of this Rental Agreement, or Renter’s misconduct or negligence in connection with this Rental Agreement. In no event will Owner be responsible for lost profits, or any special, incidental or consequential damages in connection with this Rental Agreement. The maximum liability of the Owner, its owners, directors, officers, employees and agents to Renter or any third party in any circumstance is limited to the amount of fees the Renter paid Owner in connection with this Agreement. This paragraph shall survive the expiration or termination of the Rental Agreement.
Payment: Renter shall pay Owner for the rental of the Equipment the sum or sums specified in the Invoice. In addition, Renter acknowledges that he/she shall be liable to pay to the Owner any applicable additional charges which include, but are not limited to:
(a) Charges for cleaning Equipment if it is returned in a dirty condition that requires extra cleaning. This includes, but is not limited to, adhesive labels, spillage of fluids, food, pen marks, other stains, and unpleasant odors.
(b) Charges for rescheduling within 24 hours or no-show. A charge of may be assessed if Renter does not give 24 hour prior notice to reschedule or cancel a delivery or pick-up or if Renter is not present at the delivery or pickup location at the time of delivery or pickup.
(c) Charges for replacement of lost, unreturned or damaged Equipment due to excessive wear and tear, mishandling or improper use. Equipment is deemed unreturned under this provision if not returned within 28 days after the pick-up date specified in the Invoice or the rental extension pick-up date if applicable. The replacement cost excluding sales tax per Equipment are supplied upon request.
(d) Charges for Rental Extension. Renter may extend the Rental Term for up to two weeks so long as the Renter notifies Owner in writing of his/her intent to extend the rental period within 48 hours prior to the pick-up date indicated on the Invoice. Owner is under no obligation to grant extension and any extension will be solely at Owner’s option. The rental charge excluding sales tax per week per Equipment are supplied upon request.
(e) Charges for Late Returns. Any Equipment not returned by the initial pick-up date or the rental extension pick-up date if applicable will be billed at a daily rate. Rental charges cease on the day Equipment is picked up by Owner or when the Equipment is deemed to be not returned, which is 28 days after the initial pick up date specified in the Invoice or the rental extension pick-up date if applicable.
Security Deposit: Renter acknowledges his/her credit card will be kept on file for the duration of the Rental Agreement. Renter acknowledges and authorizes Owner to charge any permitted amount according to the above stated terms and conditions.
Title: Equipment is, and shall at all times, remain the sole and exclusive property of Beara Group, Inc.
Assignment: Renter may not assign or transfer any rights, duties, or obligations herein without the prior written consent of Owner.
Loss or Damage: Renter shall not abuse, damage, or misuse the equipment. From the receipt of the Equipment until it is returned to the Owner, Renter assumes and bears the entire risk of loss, theft, destruction, or damage of or to any part of Equipment from any cause whatsoever.
Equipment Usage: Renter shall not make any alterations, additions, modifications, or improvements to the equipment. Renter agrees to keep the Equipment solely in his/her custody and not to sublease, rent, assign, gift, lend or sell Equipment to any other person.
Default: The occurrence of any of the following events shall constitute a default under this Rental Agreement:
(a) Renter’s failure to make a required payment when due;
(b) Renter breaches any term or condition of this Rental Agreement
(c) Renter files for insolvency or bankruptcy. If Renter is in default under this Rental Agreement, Owner may retake the Equipment as provided by law, deduct the costs of recovery (including reasonable attorneys' fees and costs), repair and related costs and terminate all or part of this Rental Agreement.
Entire Agreement: This Rental Agreement and any amendments constitutes the entire agreement between Owner and Renter with respect to the subject matter hereof. If any part of this Rental Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of that part will not affect the validity of the rest of this Rental Agreement, which shall remain in full force and effect.
Governing Law: This Rental Agreement shall be governed by the laws of the State of New York, without reference to conflicts of law principles.
I have read and agree to the terms and conditions set forth above.
___________________________
Terms & Conditions
Welcome to bearabins.com. This website is owned and operated by Beara Group, Inc. By visiting our website and accessing the information, resources, services, products, and tools (the "Resources") we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (the 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of January 15, 2016.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the Resources, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
c. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
d. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
e. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
f. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
I. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
II. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
III. Contains any type of unauthorized or unsolicited advertising;
IV. Impersonates any person or entity, including any bearabins.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
g. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Beara Group, Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
h. You agree to indemnify and hold harmless Beara Group, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Beara Group, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Beara Group, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on bearabins.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Beara Group, Inc. or of 3rd party used with permission by Beara Group, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Beara Group, Inc.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Beara Group, Inc. from our offices located in the state of New York, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of New York, by accessing our website, you agree that the statutes and laws of New York, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, New York You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, BEARA GROUP, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Beara Group, Inc.
Privacy Policy
What information do we collect?
We collect information from you when you place an order or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
Like most websites, we use cookies to enhance your experience, gather general visitor information, and track visits to our website. Please refer to the 'do we use cookies?' section below for information about cookies and how we use them.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience;
(your information helps us to better respond to your individual needs)
To improve our website;
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service;
(your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested by the customer.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you submit a request or place an order.
These security measures include: SSL (Secure Sockets Layered) technology to ensure that your information is fully encrypted and sent across the Internet securely or PCI Scanning to actively protect our servers from hackers and other vulnerabilities.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at bearabins.com.
Your Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will update the Privacy Policy modification date below. Policy changes will apply only to information collected after the date of the change.
This policy was last modified on October 7, 2022
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
Beara Group, Inc
PO Box 921238
Arverne, NY 11692