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Terms Of Service

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Effective May 8, 2025

1. General

The rental of all Equipment by the customer and extension of credit by BETCO Scaffolds (“BETCO”) shall be subject to these Terms and Conditions and shall not be governed by any other document unless agreed to in writing by a corporate officer for BETCO.

Use of scaffolding and access equipment incurs the risk of danger.

A copy of the codes of safe practices are available upon request and may be viewed and/or downloaded at the following link: https://scaffold.com/safety-information/.

It is the customer’s responsibility to review and comply with the codes of safe practices which may be updated from time to time.

Sale or rental of access equipment is made upon the assumption that the customer is experienced in the use of such equipment.

2. Definitions

  1. “Rental Rates” means the amount to be paid for rental of Equipment during the Rental Term, as set forth in the quote and incorporated herein. Rental Rates shall cover the initial twenty-eight (28) days of the Rental Term (which shall be the minimum amount payable, even if the Rental Term is shorter than twenty-eight (28) days) and shall be prorated on a per day basis thereafter.
  2. “Rental Term” is the period during which the Equipment is rented by the customer, as described herein.

3. Extension of Credit

All quotes and/or orders are subject to approval by BETCO’s credit department. New customers must complete a credit application, signed by an authorized representative of the customer. BETCO may request additional information for the purpose of underwriting the application. For projects involving labor performed by BETCO, the customer must provide requested information specific to such project including but not limited to the owner of the property, chain of agreements, and bond information for public jobs. Existing customer accounts must be in good standing or credit privileges may be restricted. Acceptable forms of payment are checks, money orders, ACH, wire transfer and debit or credit cards. Credit card payments will incur a convenience processing charge.

4. Orders

  1. The minimum single order for rental without labor is $150.00. The minimum single order for rental with labor is $3,500.00. Job identification must be provided when the order is placed and when the equipment is returned.
  2. Restrictions on signature authority for delivery or pickup of leased equipment must be made in writing by the customer at the time the order is placed. An authorized agent for the customer must sign all deliveries and returns. We do not deliver or pickup without signatures. Any claims of discrepancies in the type of number of items delivered must be made at the time of delivery after inspection by the customer or else such claims shall be waived. All credits for material returned are subject to a final yard count and inspection by BETCO.

5. Rental Term

The Rental Term shall commence on the date that the customer takes possession of the Equipment at BETCO’s facility or accepts delivery of such Equipment at the jobsite (“Site”), as applicable (such date being the “Commencement Date”). Subject to the provisions of Section 6, the Rental Term ends on the date that the customer returns the Equipment to the same BETCO facility (unless another delivery point is agreed upon by the Parties in writing) or, if BETCO has agreed in writing to take delivery of the Equipment at the Site or some other location, the date on which BETCO takes such delivery.

  1. If the customer notifies BETCO in writing of any damage, defects or nonconformities with respect to such Equipment within two (2) days after the Commencement Date and prior to the customer’s initial use of such Equipment, BETCO will replace any such damaged, defective or nonconforming Equipment. Subject to the foregoing, all Equipment shall be deemed to be accepted by the customer in clean condition, and in good working order.
  2. Rent shall be payable with respect to such Equipment in accordance with the Rental Rates, subject to the following: (i.) rent for the initial twenty-eight (28) days of the Rental Term (which shall be the minimum amount payable for rental of such Equipment, even if the Rental term is shorter than twenty-eight (28) days), shall be due and payable net thirty (30) days after the date of invoice; and (ii.) rent for any subsequent days of the Rental Term shall be prorated on a per day basis thereafter and shall be payable net thirty (30) days from the date of invoice. BETCO reserves the right to charge a late fee and/or dunning fee on delinquent balances.
  3. During the Rental Term, the customer shall (and shall cause its employees, agents, contractors, subcontractors, and invitees to (i.) comply with all safety regulations promulgated by federal, state or local authorities, and (ii.) conduct operations in a manner to avoid the risk of bodily harm to any persons and the risk of damage to any Equipment. The customer shall inspect the Equipment no less frequently than daily to discover any conditions which might involve such risks.
  4. The customer shall be solely responsible for providing training in the safe and proper use of the Equipment to any persons using such Equipment during the Rental Term. The customer shall require its employees, agents, contractors, subcontractors, and invitees to wear appropriate personal protection equipment when using the Equipment, in accordance with applicable safety rules and regulations. The customer shall, at the customer’s sole cost, provide to its employees, agents, contractors, subcontractors and invitees using such Equipment, all necessary or required safety equipment relating to the use of the Equipment, including but not limited to nets, lanyards, belts, harnesses, ropes, and grabs, and further agrees to cause such persons to always use such safety equipment when using the Equipment.
  5. The customer shall use the Equipment, and shall cause its employees, agents, contractors, subcontractors and visitors to use such Equipment, in a safe manner at all times, in strict accordance with standard industry practices and applicable law and regulations. The customer shall not use the Equipment, or allow the Equipment to be used, during the Rental Term in an unsafe, manner or for any purpose other than in the conduct of the customer’s business. The customer shall not remove, alter, disfigure or cover up any numbering, lettering, or insignia displayed on the Equipment. The customer shall immediately notify BETCO of any loss or injury (including death) to persons or property occurring on or otherwise involving, the Equipment. The customer shall not remove any item of Equipment from the Site without the prior written approval of BETCO. BETCO shall have the right to enter the Site at any time during normal working hours to inspect the Equipment and observe its use, as long as such activities do not materially interfere with work being conducted at the Site.
  6. The customer is solely responsible for any loss of or damage to the Equipment occurring during the Rental Term, due to any reason including but not limited to (i) corrosion, (ii) the negligent or intentional acts or omissions of any party, (iii) the weight of a load exceeding rated capacity of the Equipment, and (iv) any collision or upset involving the Equipment.
  7. All Equipment must be returned to BETCO in a clean condition, and in good working order, reasonable wear and tear excepted. If any item of Equipment is not returned to BETCO in such condition, the customer shall be responsible for the costs of cleaning, repairing or replacing such Equipment.
  8. EQUIPMENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. BETCO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  9. Nothing herein shall be construed to grant the customer an ownership or other interest in the Equipment except for the rights of a lessee as set forth herein. The customer’s rights and interests under this these Terms and Conditions may not be encumbered, assigned, or transferred, in whole or in part, either by act of the customer or by operation of law or otherwise, nor may any sublease be granted by the customer without BETCO’s prior written approval. Any purported encumbrance, assignment, transfer, sublease, or other arrangement involving the Equipment without BETCO’s prior written approval shall not be binding on BETCO and shall constitute a breach of these Terms and Conditions by the customer.
  10. The Rental Rates do not include applicable taxes. BETCO will charge and collect from the customer any sales taxes due and payable in connection with the rental of the Equipment and the provision of Services unless, and until such time as, the customer provides BETCO with a valid sales tax exemption certificate or valid resale certificate. Any certificate provided must be reviewed and approved by BETCO. In the event a submitted certificate is not approved by BETCO, or if is approved but is subsequently disallowed the government, the customer agrees to pay the applicable tax.
  11. The customer shall bear the risk of any Casualty Occurrence (defined as the item of Equipment being lost, stolen, destroyed, taken by government action or irreparably damaged) or other damage occurring during the Rental Term. The customer shall give BETCO prompt notice of a Casualty Occurrence. In the event of a Casualty Occurrence, the customer shall, within thirty (30) days after written demand, pay to BETCO the replacement cost of such Equipment had such Equipment not been subject to such Casualty Occurrence. Upon making this payment, the Rental Term with respect to the Equipment subject to such Casualty Occurrence shall terminate and the customer shall be entitled to possession of such Equipment.
  12. The customer shall, at its sole cost, maintain “all-risk” insurance policies covering any loss of or damage to Equipment during the Rental Term, with policy limits sufficient to cover the customer’s liability therefor. The customer shall also maintain at its sole cost adequate insurance policies covering injury or death to persons, and damage to property, occurring in connection with use of the Equipment by customer, its employees, agents, contractors, subcontractors, and invitees, with policy limits sufficient to cover customer’s liability therefor.
  13. THE CUSTOMER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS BETCO, ITS PARENT AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE DIRECTORS, STOCKHOLDERS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS AND ASSIGNS FROM AND AGAINST ANY CLAIMS OF CUSTOMER’S EMPLOYEES AND THIRD PARTIES, INCLUDING CLAIMS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, STRICT LIABILITY OR NEGLIGENCE, FROM ANY LOSS, DAMAGE OR INJURY CAUSED BY OR RELATING TO THE DESIGN, MANUFACTURE, SELECTION, CONDITION, OPERATION, USE, OWNERSHIP, MAINTENANCE OR REPAIR OF ANY EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY BETCO’S NEGLIGENCE OR WILLFUL ACTS OF MISCONDUCT. FURTHER, THE CUSTOMER SHALL BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING ATTORNEYS’ AND PROFESSIONALS’ FEES, INCURRED BY BETCO, ITS PARENT AND AFFILIATED COMPANIES OR ANY OF THEIR RESPECTIVE DIRECTORS, STOCKHOLDERS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION.

6. Termination for Breach

  1. In the event that the customer has breached its agreement with BETCO or these Terms and Conditions or otherwise failed to perform any obligation hereunder, BETCO may terminate this the Rental Term immediately upon written notice to the customer, provided that BETCO has previously provided written notice of such breach or failure to the customer (describing such breach or failure in reasonable detail) and the customer has failed to cure such breach or remedy such failure within fifteen (15) days after receipt of such notice (the “Cure Period”). Notwithstanding the foregoing, no Cure Period shall be provided with respect to payment of any sums due hereunder. Upon termination of the Rental Term, pursuant to this Section, the customer shall promptly return all Equipment to BETCO.
  2. If any Equipment rented to the customer hereunder is not returned to BETCO within three (3) days after the effective date of termination of the Rental Term, BETCO will bill the customer for the replacement cost of such Equipment and BETCO will have no obligation to accept any Equipment back for credit after such date. Any invoice billed to the customer for replacement cost will be due 30 days from the date of the invoice. If the customer fails or refuses to perform or comply with any obligation under these Terms and Conditions, or otherwise breaches their agreement with BETCO, BETCO may, at BETCO’s option, in addition to all other rights and remedies given herein or by law or equity, enforce performance of this Agreement in any manner provided by law or in equity.

7. Labor Work

  1. BETCO’s labor pricing is calculated at Straight Time rates unless otherwise stated (Mon-Fri 7:00 AM to 3:30 PM with a 30-minute break, holidays excluded) and based on direct access for crews and trucks for the erection, dismantle and removal of equipment. Any work performed at the request of the customer, that is not deemed to be during the designated Straight Time period for the job, will be charged at Overtime or Double Time rates as applicable.
  2. BETCO’S labor pricing is bid on a single erection and single dismantle phase with free and clear access to the site where the equipment is to be constructed. Any additional phases requested by the customer will require a written authorization modifying the scope and price of the work to be performed prior to mobilization.
  3. BETCO requires 5 business days’ notice to schedule mobilization of labor.
  4. Any permits or services needed such as sidewalk permits, electrical re-routing, etc. are the responsibility of others and must be addressed before construction can begin.
  5. An authorized representative of the customer is required to be on site during the erection, dismantle and removal of equipment from the site.
  6. BETCO will construct all access equipment to either meet or exceed OSHA standards (Article 1926.451 Subpart L). Any screening or netting that may be required by OSHA due to the type of work being performed, is the responsibility of those needing it, or can be provided and installed by BETCO at an additional cost. Any safety standards above OSHA or BETCO that may be contractor or jobsite specific are not included unless otherwise stated. BETCO is not responsible for latent defects or hidden conditions that impede progress at the jobsite.
  7. BETCO is not responsible for filling and/or patching holes from anchoring points or wall ties upon dismantle.
  8. Any requested deviation from the scope of work must be authorized by BETCO and the customer in writing prior to performance by BETCO. The customer will be charged for the changes at Time & Material rates unless otherwise agreed upon in writing. (Time & Material rates are available upon request.) Any agent, employee or representative of the customer authorizing a deviation (change) in scope shall be deemed to be vested with the necessary authority and the customer shall be bound thereby.
  9. All labor quoted is for an agreed upon time frame. Any delays or work shutdown due to others that result in additional work or cost to BETCO will be documented and charged at Time & Material rates unless otherwise agreed.
  10. Any repair, change, or maintenance to the equipment after erection has been completed will be charged at Time & Material rates unless otherwise agreed to by BETCO, with a 4-hour minimum charge plus drivetime for call outs for labor.
  11. Although BETCO will use the utmost care during erection and dismantle, we will not be responsible for damage to any structures, surfaces, landscaping, etc. that have not been adequately protected by the customer.
  12. The customer will be liable for all damages incurred due to changes made to the scaffold or equipment not performed by BETCO, and customer will indemnify and defend BETCO for any claims made due to such changes.
  13. The customer shall provide suitable access for unloading and staging area at the jobsite.

8. Swing Stages

  1. A minimum of a 220-volt power source with a 30-amp breaker is required to operate any Power Swing Stage. It is the responsibility of the customer to install & return, or have installed, by a licensed electrician, the electrical pigtail connector if supplied by BETCO Scaffolds.
  2. The customer is responsible for determining the strength and adequacy of any surfaces or structures on which the swing stage is to be placed, including davits or anchoring points.
  3. The swing stages/scaffolding must be made free from debris by the customer, prior to dismantle.
  4. Damaged or missing power cables and other accessories will be charged to the customer.
  5. Any equipment damage repair or replacement required to any swing stage(s) moved or relocated by the customer after the installation is complete will result in additional material charges.

9. Shoring

  1. The customer is responsible for determining the strength and adequacy of any surfaces or structures on which the equipment is to be placed or any load that is to be shored or re-shored. BETCO does not perform any calculations or verification of customer or owner’s property for integrity or load capacity.
  2. BETCO does not provide engineering services to determine site conditions and/or loads to be supported.
  3. BETCO will not calculate or assume any responsibility for the load carrying capacity and/or the existing foundations, slabs on grade, or footing due to load transfer from the shoring legs.
  4. All shoring is designed to resist vertical loads only. BETCO will not assume uplift, lateral, and dynamic loads resulting from wind or impact.
  5. Protection of the shoring from debris and/or impact is the sole responsibility of the customer.
  6. All Shoring components supplied by BETCO will be designed with a 2.5 to 1 safety factor verses failure.
  7. BETCO will not provide professional engineer sealed drawings without receipt of all relevant structural drawings and calculations of the loads to be supported at the location of the shoring points from the customer.
  8. When structural information is not available from the customer, then BETCO will not provide drawing but will provide the maximum vertical load capacity of the shoring only. BETCO will not be responsible for the structural behavior (such as shear, bending, bearing, local buckling, torsion, or permanent deflection) of the existing member due to the new support point created by the shoring.
  9. BETCO drawings are for assembly information only.
  10. BETCO may require soil compaction test results for a medium or heavy-duty shoring tower placed on the ground. This is to be supplied by customer or owner.
  11. The customer is responsible for protecting any shoring tower placed on ground to be protected from surface runoff so as not to undermine stability of tower.

10. Material and Transport Platforms

  1. A minimum of a 220-volt, three-phase power source with a 40-amp breaker is required to operate the 2000-pound capacity material platform. A minimum 480-volt, three-phase power source with a 50-amp breaker is required to operate the 3000-pound capacity transport platform. It is the responsibility of the customer to install or have installed, by a licensed electrician.
  2. Electrical power should be within 3 feet of hoist location prior to the erection with a proper grounding device.
  3. The customer shall supply an adequate pad to support the hoist. Weights and loads to be provided by BETCO.
  4. The customer is to provide a forklift or suitable means to unload, load and place transport platform on pad and scaffolding material.
  5. The customer is to provide a forklift or suitable means of hoisting the counterweights for the initial load test and periodic testing.
  6. The hoist must be made free from debris by the customer, prior to dismantle.

11. Debris Chutes

  1. The customer shall provide necessary ramps, railings and safety barricades wherever required, in accordance with your local safety regulations.
  2. The customer shall carefully dispose of any metal studs and other sharp objects, (i.e. bend metal studs into manageable sizes and throw into chute bent end first).
  3. Do not allow debris to accumulate in chute. Always confirm that the debris thrown into the chute, exits the chute.
  4. The customer shall ensure the chute is clear of debris and untied from dumpster prior to removal of dumpster.
  5. No lighted or ignited materials shall ever be thrown into the chute. All plastic debris chutes are flammable.
  6. If the chute does get clogged despite customer taking precautions, the customer shall stop using it immediately and call BETCO. The obstruction must be cleared before any more debris is introduced into the chute. BETCO will charge T&M rates to unclog the chute.
  7. The customer is to ensure that no one enters the chute, puts their head, arms or legs into the chute, stands under chute nor stands in the dumpster attempting to unclog the chute.
  8. The customer shall check that the outlet opening is always free from obstructions in order to prevent clogging and overloads.

12. Edge Protection

  1. It is the customer’s responsibility to conduct daily inspections of the edge protection. Any changes or repairs to the edge protection will be performed by BETCO at T&M rates.

13. Fence

  1. The customer is to provide the location of underground utilities and any geotechnical reports available to BETCO if installation of posts is required.

14. Miscellaneous

  1. Any delinquent amounts owed to BETCO by shall incur interest at the lesser of eighteen percent (18%) per annum or the highest rate allowed by law. Such interest shall accrue from the date when such payment was due, until paid in full. The customer shall be liable for any costs of collection, including reasonable attorney’s fees and court costs. All amounts due from the customer to BETCO shall be payable at BETCO Scaffolds, P.O. Box 2885, Houston, Texas 77252-2885.
  2. A waiver of a specific default shall not be a waiver of any other or subsequent default. No waiver by BETCO of any provisions hereof shall constitute a waiver of any other matter and all waivers shall be in writing and executed by an officer of BETCO. No failure on the part of the BETCO to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof.
  3. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN NO EVENT SHALL BETCO, ITS PARENT AND/OR AFFILIATED COMPANIES, AND THEIR RESPECTIVE DIRECTORS, STOCKHOLDERS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS AND ASSIGNS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THE EQUIPMENT OR THIS AGREEMENT, EVEN IF NOTICE WAS GIVEN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
  4. If any provision of these Terms and Conditions are found by a court of competent jurisdiction to be unenforceable for any reason, the remainder shall continue in full force and effect.
  5. In the event of any controversy, claim or dispute between BETCO and the customer arising out of or relating to these Terms and Conditions, the Equipment or the Services, the prevailing party shall be entitled to recover from the other reasonable expenses, attorney’s fees, and costs.
  6. These Terms and Conditions and all claims or causes of action arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law provisions, and the exclusive jurisdiction for such shall be in the federal or state courts located in Harris County, Texas.