Terms of Service

1. About these Terms

1.1 These Terms of Service (Terms) apply to the use of the website badrockmachinerysalesandhire.site and to all quotations, machinery sales and equipment hire provided by Badrock Machinery Sales & Hire Pty Ltd (ABN 87 702 096 875) (we, us, our), based in Perth, Western Australia.

1.2 By accessing this website, requesting a quotation, purchasing machinery or hiring equipment from us, you (the customer) agree to be bound by these Terms. If you do not agree with these Terms, you must not use this website or our services.

1.3 These Terms apply in addition to any quotation, order confirmation, hire agreement, purchase agreement or other document agreed between you and us. If there is any inconsistency between these Terms and a signed agreement, the signed agreement prevails to the extent of the inconsistency.

1.4 In these Terms, hire equipment means any machinery, plant, attachment, trailer, accessory or other item supplied by us on a hire basis, and machinery means any item supplied by us on a sale basis.

2. Our services

2.1 We sell new and used machinery, plant and earthmoving equipment, and provide equipment hire services, including dry hire (equipment only) and wet hire (equipment supplied with a qualified operator), to commercial, civil, construction, agricultural and private customers across Perth and, by arrangement, regional Western Australia.

2.2 Equipment offered may include, without limitation, excavators, loaders, skid steers, tippers, rollers, plate compactors, generators, attachments and related machinery, subject to availability.

3. Website information

3.1 The content on this website is provided for general information only. It does not constitute an offer, a recommendation or professional advice, and must not be relied upon as a substitute for your own assessment of the suitability of any machinery or hire equipment for your project.

3.2 Specifications, capacities, photographs and descriptions may change without notice. Equipment availability is subject to prior booking, servicing schedules and stock on hand. Images are indicative only and may show optional attachments or configurations.

3.3 To the extent permitted by law, we do not warrant that the website will be uninterrupted, error-free or free of harmful code, and we may update, suspend or discontinue any part of the website at any time.

4. Quotations and orders

4.1 All prices are quoted in Australian dollars (AUD). Unless expressly stated otherwise, quotations exclude GST, delivery, collection, fuel, consumables, operators and any optional loss and damage waiver.

4.2 Unless otherwise stated in writing, a quotation is valid for 14 days from the date of issue, after which we may revise pricing to reflect availability, freight, fuel and market conditions.

4.3 A quotation or listing on this website is an invitation to treat only. A binding contract arises only when we accept your order or booking in writing (including by email), or when hire equipment is collected or delivered to you, whichever occurs first.

4.4 We may decline any order or booking, in whole or in part, at our discretion, including where equipment is unavailable, where we consider site conditions unsafe, or where identification, licensing or payment requirements have not been satisfied.

4.5 Where equipment of the type booked becomes unavailable, we may offer a comparable substitute of equal or better specification. If no suitable substitute is available and we cannot perform, we will refund any deposit or prepaid hire fees for the affected period.

5. Equipment hire terms

5.1 Hire period. The hire period begins when the hire equipment leaves our depot or is delivered to your nominated site, and ends when the equipment is returned to and accepted by us. Minimum hire periods may apply as stated in your quotation or hire agreement. Unless we agree otherwise in writing, part days are charged as full days.

5.2 Inspection and condition report. Before use, you must inspect the hire equipment and sign any condition report, pre-hire checklist or delivery docket provided. Existing damage, defects or missing items must be recorded at the time of collection or delivery. If you do not record defects, the equipment is taken to have been supplied in good working order and condition, fair wear and tear excepted.

5.3 Your obligations. During the hire period you must use the equipment only for its intended purpose and within its rated capacity, operate it in accordance with the manufacturer's instructions and operating manual, keep it secure when unattended, carry out daily pre-start checks (including fluid levels, tracks, tyres and safety devices), and comply with all applicable work health and safety laws, site rules and regulatory requirements.

5.4 Prohibited conduct. You must not, without our prior written consent: sub-hire or part with possession of the equipment; remove, relocate or take the equipment outside the site or area stated in the hire agreement; alter, modify, repair or interfere with the equipment; remove, obscure or deface labels, serial numbers or safety decals; or allow the equipment to be operated by unlicensed, untrained or impaired persons or used for any unlawful purpose.

5.5 Fuel and consumables. Unless agreed otherwise, hire equipment is supplied with a stated fuel level and must be returned at the same level. Fuel, oils, grease, fluids and consumables used during the hire period are at your cost. Equipment returned with insufficient fuel may be refuelled by us at our published rates plus a service fee.

5.6 Return of equipment. You must return the equipment at the end of the hire period in a clean and serviceable condition, fair wear and tear excepted. Additional cleaning charges may apply if equipment is returned with excess mud, debris or contamination. If equipment is not returned on time, hire charges continue to accrue until the equipment is returned and accepted by us.

5.7 Breakdowns and defects. If hire equipment malfunctions, breaks down or becomes unsafe, you must immediately stop using it, make the area safe and notify us as soon as practicable. You must not attempt any repair or adjustment unless we authorise it in writing. Where a breakdown is not caused by your act, omission, misuse or negligence, we will repair or replace the equipment within a reasonable time and, subject to these Terms, adjust hire charges for verified downtime.

5.8 Recovery of equipment. If you fail to return equipment when due, or if hire fees remain unpaid, you irrevocably authorise us and our agents to enter any premises where the equipment is located during reasonable hours to inspect or recover it, and you are responsible for our reasonable recovery costs.

6. Machinery sales terms

6.1 Machinery advertised for sale is subject to availability and prior sale. Used and second-hand machinery is sold on an as-inspected basis unless expressly agreed otherwise in writing. We encourage all purchasers to inspect the machinery, request any available service records and, where appropriate, arrange an independent mechanical inspection before purchase.

6.2 Title to machinery passes to you when we receive the purchase price in full in cleared funds. Risk in the machinery passes to you on collection from our premises or on delivery to your nominated carrier or site, whichever occurs first.

6.3 Unless otherwise agreed in writing, you are responsible for loading, transport, permits, insurance and any registration or plant compliance requirements from the point of collection or delivery.

6.4 Where machinery is advertised as new, any applicable manufacturer warranty will be passed on to you to the extent we are able to do so, and the terms of that warranty apply in addition to your rights under the Australian Consumer Law.

7. Payment, bonds and late accounts

7.1 Hire rates and purchase prices are as set out in your quotation, order confirmation or hire agreement. Unless otherwise stated, invoices are payable within seven (7) days of issue.

7.2 We may require a bond, deposit or prepayment before equipment is released or an order is confirmed. Bonds will be refunded within a reasonable time after the equipment is returned in acceptable condition and all outstanding amounts are paid.

7.3 Overdue accounts may, to the extent permitted by law, attract interest and reasonable administration and recovery costs. We may suspend further hire, decline new bookings or withhold equipment pending payment of overdue amounts.

7.4 You must review invoices promptly and notify us of any disputed item within 14 days of the invoice date. Undisputed amounts remain payable when due.

8. Delivery, collection and transport

8.1 Delivery, collection and freight charges are as quoted. Delivery dates and times are estimates only, and we are not liable for delays caused by transporters, traffic, weather, site conditions or other circumstances beyond our reasonable control.

8.2 You must ensure the delivery or collection point has safe, legal and adequate access, firm ground and sufficient clearance for the machinery, the transport vehicle and any lifting equipment, and that an authorised person is available to sign delivery documentation where required.

8.3 If we attend a site and are unable to deliver or collect because of unsafe access, inadequate ground conditions, permit issues or the unavailability of an authorised person, reasonable redelivery or return freight fees may apply.

9. Operator licensing, training and site safety

9.1 You are responsible for ensuring that every person who operates hire equipment holds the licences, certificates or competencies required by law for that equipment, including any high-risk work licences, and has received adequate familiarisation and instruction on the specific machine.

9.2 All use of hire equipment must comply with the work health and safety legislation applicable in Western Australia, relevant codes of practice, site safety management plans, traffic management requirements and the manufacturer's safety instructions.

9.3 You must ensure that appropriate personal protective equipment is worn, and that exclusion zones, spotters and other risk controls are in place as required for the work being performed.

10. Damage, loss and theft

10.1 You accept responsibility for hire equipment from the time it is collected or delivered until it is returned to and accepted by us, and you are liable for any loss, theft of, or damage to the equipment during that period, fair wear and tear excepted.

10.2 You must notify us as soon as practicable, and in any event within 24 hours, of any damage, breakdown, incident, near miss or theft involving the equipment. Theft must also be reported to the Western Australia Police, and a police report number provided to us on request.

10.3 You remain liable for hire charges on equipment that is damaged, lost or stolen until the equipment is recovered and returned, or until the agreed repair cost or replacement value is paid, in accordance with the hire agreement.

11. Maintenance, servicing and breakdowns

11.1 We are responsible for scheduled servicing of hire equipment between hires and for supplying equipment that has been serviced, inspected and is in safe working order at the commencement of the hire period.

11.2 You must perform the routine checks described in the operating documentation, including daily pre-start checks, and keep the equipment in reasonable condition during the hire period. Damage caused by neglect, contamination, overloading or failure to perform routine checks may be rectified at your cost.

12. Insurance

12.1 Unless we agree otherwise in writing, you must insure the hire equipment for its full replacement value against loss, theft, damage and destruction for the duration of the hire period, and must provide evidence of that insurance on request.

12.2 Where we offer an optional loss and damage waiver, its terms, exclusions and limits (including any applicable excess) will be set out in the quotation or hire agreement. A waiver is not insurance and does not cover theft, unauthorised use, tyre and track damage, or damage caused by misuse, negligence or breach of these Terms, unless expressly stated.

13. Australian Consumer Law guarantees

13.1 Nothing in these Terms excludes, restricts or modifies the application of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other consumer protection laws that cannot lawfully be excluded.

13.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

13.3 Where you acquire goods or services from us for the purposes of a business, the application of certain consumer guarantees may be limited in accordance with the Australian Consumer Law.

14. Limitation of liability

14.1 Subject to clause 13 and to the maximum extent permitted by law, we are not liable to you for any indirect, incidental, special or consequential loss or damage, including loss of profits, revenue, anticipated savings, contracts, business opportunity or data, however arising, in connection with this website, any machinery sale or any equipment hire.

14.2 Subject to clause 13 and to the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the supply of goods or services is limited, at our option, to the resupply of the goods or services, or the payment of the cost of resupplying the goods or services, or, in the case of goods, the repair or replacement of the goods or the payment of the cost of repairing or replacing them.

14.3 This clause does not apply to any liability that cannot be excluded or limited by law.

15. Indemnity

To the extent permitted by law, you indemnify us, our directors, employees and agents against all claims, demands, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with: your breach of these Terms or any signed agreement; the misuse, negligent operation or unauthorised relocation of hire equipment by you or your personnel; or personal injury or property damage caused by equipment while in your possession or control, except to the extent caused by our negligence or breach of these Terms.

16. Cancellation, variation and extensions

16.1 If you cancel a confirmed hire booking with less than 24 hours' notice, or fail to take possession of equipment at the agreed time, a cancellation fee may apply as set out in the quotation or hire agreement.

16.2 Extensions of the hire period are subject to equipment availability and must be agreed with us before the scheduled return time. Rates for extended periods will be confirmed in writing.

16.3 Deposits paid for machinery orders may be forfeited, to the extent we have incurred committed costs, freight or preparation expenses, if you cancel an order for custom-sourced, imported or specially prepared machinery.

16.4 We may adjust hire rates for ongoing or long-term hires to reflect changes in fuel, freight, insurance or regulatory costs, with reasonable prior written notice.

17. Suspension, recall and termination

17.1 We may suspend hire, terminate a hire agreement or recall hire equipment immediately by notice to you if: hire fees are overdue; you breach these Terms or the hire agreement and do not remedy the breach within the time we specify; the equipment is being used unsafely, unlawfully or in breach of clause 5.4; or we reasonably consider the equipment, your personnel or the site to be at risk.

17.2 Suspension, recall or termination does not affect fees accrued to the date of recovery, our rights under clause 5.8, or any other right or remedy available to us at law.

18. Force majeure

We are not liable for any failure or delay in performing our obligations to the extent caused by events beyond our reasonable control, including natural disasters, flood, fire, storm, industrial action, supply shortages, epidemics, government restrictions, cyber incidents, or failures of utilities, transport or communications.

19. Privacy

We collect and handle personal information, such as your name, contact details, delivery address, identification and payment information, in accordance with our Privacy Policy. That policy explains what we collect, why we collect it, who we disclose it to and how you can request access to or correction of your personal information.

20. Intellectual property

20.1 All content on this website, including text, graphics, logos, page layouts and images, is owned by or licensed to us and is protected by Australian and international copyright and trade mark laws.

20.2 You may view, download and print pages from this website for your own personal or internal business use. You must not otherwise reproduce, republish, modify, distribute or exploit any content without our prior written consent, and you must not use the name, logo or branding of Badrock Machinery Sales & Hire without our written permission.

21. Governing law, disputes and general

21.1 These Terms are governed by the laws applicable in Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia.

21.2 If a dispute arises, the parties agree to attempt in good faith to resolve it by direct discussion. If the dispute is not resolved within 30 days, either party may pursue the remedies available to it at law.

21.3 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.

21.4 These Terms, together with any quotation, order confirmation and signed hire or purchase agreement, constitute the entire agreement between the parties regarding their subject matter, to the extent permitted by law.

22. Changes to these Terms

We may amend these Terms from time to time by publishing an updated version on this page. The version published at the time you request a quotation or place an order applies to that booking, unless you and we agree otherwise in writing. For continuous or long-term hire, the version current at the start of the hire period continues to apply for the remainder of that hire period.

23. How to contact us

Questions about these Terms, or any notice required under them, may be directed to:

Badrock Machinery Sales & Hire Pty Ltd
ABN 87 702 096 875
Perth, Western Australia
Email: ceo@badrockmachinerysalesandhire.site

You can also send a written enquiry through our contact page. We aim to respond to written enquiries within two business days.