BLACK CAT SCAFFOLD –– GENERAL EQUIPMENT RENTAL AGREEMENT, TERMS & CONDITIONS

This Equipment Rental Agreement (“Agreement”) is made between Black Cat Scaffold LLC (“Black Cat Scaffold,” “Owner”), organized under the laws of the State of Illinois, USA, and Renter (“Renter,” “Client,” “Customer”). Owner and Renter are collectively referred to as “Parties.” This Agreement is effective as of the date of the signature on this order and the rental period term begins on the first day of delivery to Renter's jobsite location. The scaffolding equipment (“Equipment,” “Material”) provided to Renter is itemized under Black Cat Scaffold’s Equipment List. By signing, Renter agrees to the pricing provided in the relevant order and to the itemized Equipment List, Union Labor, Delivery Charges, Taxes, Fees, and all other services rendered. By signing, Renter is subject to and agrees to all the terms herein.

GENERAL TERMS AND CONDITIONS

1. Delivery & Location of Equipment / Jobsite. During the Term of this Agreement, the Equipment will only be located at the site of delivery and is considered to be under Renter’s supervision and responsibility. The estimated delivery date may vary based on weather, jobsite conditions, changes to orders, etc.; however, the start of the rental period will reflect the official date the equipment is delivered. Where scaffolding erection is required and to be provided by Black Cat Scaffold, the equipment rental begins the day the equipment has left Owner's warehouse and is delivered to Renter's site. Equipment will be considered in Renter's possession on the day of delivery.

2. Equipment. By signing, Renter acknowledges that the Equipment provided by Black Cat Scaffold is in safe, working condition and not in need of discontinuation or repair. The responsibility of Renter concerning the Equipment rented from Black Cat Scaffold is documented as follows:

a) Condition. All Equipment provided by Owner to Renter is in safe, working condition and not in need of discontinuation or repair, per the Equipment List. Renter acknowledges that they have examined the Equipment and that it is in good condition except as otherwise specified in writing and/or the Equipment List.

b) Care of Equipment. Equipment can only be used in a careful and proper manner; therefore, it shall not be used in any way that is inconsistent with the Manufacturer and OSHA’s guidelines and regulations for proper and safe scaffold use.

c) Repairs, Alterations, and Relocation. Alterations, repairs, and/or relocation of scaffolding Equipment by Renter is prohibited, unless authorized in writing as an addendum to this Agreement. The costs of all equipment repairs made during this Agreement’s term shall be paid by Renter, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired, and parts and accessories shall not be replaced without Owner’s prior, written consent.

d) Damage, Loss, and Stop-Work Clause. Any damage, theft, or missing Equipment caused by the Renter’s use, misuse, abuse, relocation, alteration, etc., will result in a charge for each individual item of Equipment not returned in the same condition to Owner––normal “wear and tear” excluded––and exceptions of charging for an individual item may be made only for fully repairable items, at Owner’s discretion. In the case of Equipment receiving any damage or theft while in Renter’s possession on the jobsite in the construction industry, beyond normal “wear and tear” as defined by Owner, Renter bears the responsibility. Furthermore, it is the sole responsibility of the Renter to notify the Owner of such damage, theft, or malfunction and cease use of Equipment until further written notice.

IN THE CASE OF EMERGENCY AND/OR PERSONAL INJURY, cease use of Equipment and call 911 and/or relative emergency services immediately; then notify Owner by means of verbal and written contact.

3. Restrictions on Use. Renter acknowledges that using scaffolding equipment may expose Renter and other individuals to risks of damage to property, loss of property, serious injury, disability and death. Renter agrees to handle and use the equipment in a safe and proper manner in conformity with all laws and ordinances, including Federal and State standards. Owner shall have no responsibility, direction, or control over the manner of Renter's use or operation of equipment, unless expressly provided herein. Renter acknowledges that it will require all users and / or operators of the equipment to use applicable fall protection and all other safety equipment required for the safe operation of the equipment, and that the equipment will only be used by competent and duly trained and qualified employees of Renter. Renter must allow Owner free access to the equipment in the possession of Renter for the purpose of inspection or service, and observing its safe use or operation.

Renter shall NOT:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment, per OSHA regulations to have scaffold user certification and proper Competent Person training;
b) operate or use the Equipment or permit it to be operated or used in violation of Illinois and Federal Law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of Illinois or Federal Law; and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment on the jobsite.

4. Insurance. Renter must carry insurance satisfactory to Owner equal to the value of the Equipment to ensure its full replacement or cover the cost of full repair, unless agreed otherwise in writing by Owner, as well as Insurance satisfactory to cover Renter’s use of Owner’s Equipment by OSHA trained and certified scaffold users. Black Cat Scaffold shall be listed as additional insured on Renter’s General Liability policy.

5. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause. Upon the completion of the labor required to assemble Equipment for Renter’s use, per labor agreement, both Parties are required to confirm the safe, proper, and give final signature or written communication as approval of the installation of scaffolding Equipment with a respective Competent Person with OSHA certifications of SCAFFOLD BUILDER (and Suspension Scaffolding whenever applicable). The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO RENTER’S LOSS OF PROFITS AND/OR REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

a) Additional Stop Work Clause. Renter assumes sole responsibility to examine and assess Equipment prior to each use, as this Agreement assumes Owner is not in the presence of Renter during the daily use of Equipment. It is the sole responsibility of the Renter to notify the Owner of any damage, malfunction and / or question they have regarding hazards or potential hazards and cease use of Equipment until further written notice. If in doubt, Renter shall not use Equipment and call Black Cat Scaffold immediately for inspection.

PAYMENT & FINAL TERMS AND CONDITIONS

6. Return of Equipment. Renter shall return Equipment by the order end-date in the same condition as Renter received it, except for normal “wear and tear” as defined by Owner. Renter shall schedule and confirm the retrieval / pick up of Equipment at the jobsite it was delivered to. If Equipment is not returned via Owner pick-up on agreed upon date, Owner reserves the right to take any legal action necessary to regain possession of the Equipment. As mentioned in Section 2, if Equipment is damaged, lost, repaired, altered, etc., then Owner reserves the right to charge Renter additionally to cover the cost of replacement, repair, and/or retrieval of relevant Equipment. Owner will provide the purchase price for every item given to Renter upon their request.

a) Extension of Rental. If Equipment is needed beyond the dates of the original Agreement, Owner requires Renter to notify Owner in writing or by phone and pay for all services rendered prior to the extension request of Renter, at Owner's discretion, unless otherwise stated in proposal. All equipment rentals start at a minimum 28-day rental period ("month," "four weeks") and after the initial 28-days of rental, Renter is responsible for a prorated weekly or daily rental cost for all equipment rented and it is the responsibility of Renter to notify Owner when they are finished using equipment.

7. Payment. Renter shall pay the full amount due for Equipment Rental, Union Labor, Delivery and all other services rendered by digital / ACH payment through online invoicing, cash, check, or wire transfer, no later than FIFTEEN or THIRTY BUSINESS DAYS (per individual order terms) following the initial delivery of equipment to Renter’s jobsite. At Owner's discretion, Renter may be required to pay a deposit or pay-in-full prior to the project start date.

a) Authorization. Renter authorizes Owner to charge the debit card or credit card on file if payment is not received within the applicable number of days, or otherwise agreed upon date on a contract-by-contract basis.

b) Declined Payment, Insufficient Funds, Returned Payment. If Renter’s authorized debit card or credit card is declined, returned, or shows insufficient funds after Owner processes payment, a fee of $25.00 USD or the maximum amount allowed by law, whichever is greater, at Owner’s discretion, will be applied to the final bill and charged accordingly.

c) Late Payment. If Renter fails to make full payment by the order / invoice due date, or if an additional plan with Owner is not made in writing and agreed upon, finance charges of 1.5% per month (18% annually) will be added to all amounts past due. Renter shall be responsible for the payment of all taxes (rental, sales, use, excise, etc).

d) Other Charges and Fees. Renter shall also pay other charges in accordance with this Agreement to the fullest extent allowed by law, including but not limited to:

1) applicable Cook County, Illinois, taxes;

2) applicable rental taxes;

3) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
4) unless due to the fault of the Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the equipment rental period;

5) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment (e.g., trucking, labor, etc.); and
6) all costs incurred to collect unpaid monies due.

8. Termination. This Agreement shall terminate at the end of the agreed upon rental period unless an extension is needed, whereby all payments due on original dates for this Agreement will not change. See 6a above. Owner reserves the right to terminate this Agreement if Renter has broken any clause prior to the end of the rental period.

9. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.

10. Assignment of Agreement. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof to another entity. Any attempt to do so shall be a material default of this Agreement and shall be void. Renter is responsible for the full payment of all services rendered regarding this Agreement.

11. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, (e.g., Equipment List, Pick List, Proposal, Shop Drawings, etc) each of which shall be deemed an original, but all of which shall constitute one and the same Agreement where applicable.

12. Receipt. Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood this Agreement in its entirety.