The terms that govern your use of our website and your engagement of our equipment hire services.
These Terms and Conditions ("Terms") govern your use of the website located at statewesthirepty.site ("Site") and your engagement of any equipment hire services provided by State West Hire Pty Ltd (ABN 77 697 008 816 / ACN 697 008 816) ("State West Hire", "we", "us", or "our").
By accessing our Site, hiring our equipment, or engaging our services, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree, please do not use our Site or hire our equipment.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Work Health and Safety Act 2020 (WA), and applicable Australian Standards for plant and equipment.
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
State West Hire provides equipment and machinery hire services (including excavators, loaders, compaction equipment, generators, trucks, and attachments) for construction, civil, mining, and landscaping projects. Equipment availability, specifications, and delivery lead times may vary according to fleet capacity and demand.
All equipment is maintained in compliance with the Work Health and Safety Act 2020 (WA), the Work Health and Safety (General) Regulations 2022 (WA), and applicable Australian Standards. You must use hired equipment in accordance with manufacturer guidelines, applicable laws, and safe work practices.
Nothing on this Site constitutes engineering, safety, or professional advice. Equipment specifications are provided as general guidance only.
All hire engagements are subject to acceptance by State West Hire and the availability of equipment. Hire rates are confirmed via a written quote or hire agreement.
We will use reasonable endeavours to deliver equipment within the timeframes provided, however delivery times are estimates only. Risk in the equipment passes to the Customer on delivery to the nominated site. You are responsible for the care, security, and proper use of all hired equipment from the time of delivery until collection by State West Hire.
You must inspect the equipment promptly upon delivery and notify us of any damage, defects, or discrepancies within 24 hours.
You must not sub-hire, modify, tamper with, or allow unqualified persons to operate the hired equipment.
You acknowledge and agree that you are responsible for ensuring the safe use of hired equipment on your site, including compliance with the Work Health and Safety Act 2020 (WA), the Work Health and Safety (General) Regulations 2022 (WA), and any relevant Codes of Practice. This includes ensuring operators hold appropriate licences and tickets.
Where we provide wet-hire services (equipment with operator), our operators will comply with all applicable WHS requirements. However, you remain the Person Conducting a Business or Undertaking (PCBU) responsible for the overall safety of the worksite.
All intellectual property rights in the content of the Site — including text, graphics, logos, and software — are owned by or licensed to State West Hire. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services are provided with due care and skill, fit for purpose, and completed within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
You are liable for any damage to, loss of, or theft of hired equipment during the hire period (excluding fair wear and tear). You must maintain adequate insurance for the hired equipment for the duration of the hire period and provide evidence of insurance upon request.
In the event of damage, breakdown, or loss, you must notify State West Hire immediately and must not attempt to repair or modify the equipment.
Subject to clause 9 and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless State West Hire, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Either party may terminate a hire engagement by providing written notice as specified in the relevant hire agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or engagement of our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by State West Hire to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any written hire agreement and our Privacy Policy, constitute the entire agreement between you and State West Hire with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: