Terms and Conditions
Last modified: September 1, 2017
Welcome to DP Equipment!
Thanks for using our products and services (“Services”). The Services are provided by DP Equipment LLC, located at 1257 Meece Mill Road Pickens, SC 29671, United States.
By using our Services, you are agreeing to these terms. Please read them carefully. Any and all of these terms can be altered or modified at any time.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not DP Equipment’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your DP EQUIPMENT Account
You may need a DP EQUIPMENT Account in order to use some of our Services (e.g. to purchase products or services). You may create your own DP EQUIPMENT Account. If you learn of any unauthorized use of your password or account, please contact us.
Purchasing, e-Commerce and Sales
All sales, whether transacted online, in-person, over the phone or in any other manner, are subject to the following policies:
- Orders may be fulfilled from multiple drop-ship locations, third-party vendors, or other entity to ensure high availability and fast shipping.
- All returned items must be returned within 14 days for a refund (less shipping costs and a 15% restocking fee).
- Shipping costs (outbound or return) will not be refunded unless approved by DP EQUIPMENT.
- All electrical components are not returnable unless approved by DP EQUIPMENT.
- All items sold “For Parts” or as Salvage are not returnable under any circumstances and all sales of these items are final. Buyers are encouraged to inspect in person these items for defects. Non-Inspection by the buyer does NOT change the final nature of these sales.
- All orders over $2000.00 must be made by a non-credit card transaction.
- All payments must be made in USD.
What We Sell
Many of the parts and products DP EQUIPMENT sells are surplus from Government or Commercial sources. As such, items when stated as “NEW” have not been used for their intended purpose. Because this is surplus the Government or other entity was the first purchaser of the item, you are the second purchaser. With surplus a new item may or may not be in its original packaging. Unless you see the packaging in the picture assume it is not present. A lack of packaging does NOT mean the item is used or that it is not new. Surplus generally sells at a significant discount over list prices and the lack of packaging or a few scuff marks are the reasons. If you are expecting pristine items with sealed packaging like you would get at Wal Mart, Lowes, etc you need to go pay the full price at those stores!!!. Along these lines we have developed the following condition codes that apply to surplus material from the Government so you know what to expect:
New – Never used for its intended purpose. May have a few minor blemishes due to a lack of packaging. Original packaging materials may or may not be present. Example – Wrench never used on a bolt
Very Good – An item used a few times shows normal wear from its intended purpose. New items which have a users ID engraved on the item would also fall in this category. 100% functional not bent or broken.
Good – An item that shows significant use but is useable for its intended purpose. Item is not bent or broken.
Parts Only / Broken – An item that does not function as intended may need repair or is sold for parts. These items are sold as is No Returns are accepted EVER for ANY Reason on Parts Only / Broken items.
As Is – We cannot verify operation / condition of item. These items are sold as is No Returns are accepted EVER for ANY Reason on As Is Items.
Military Equipment Warning
DP EQUIPMENT sells surplus military equipment and parts thereof. Many military items do NOT comply with Governmental and Safety requirements for consumer and commercial products due to the original intended use of the product. It is the purchaser’s responsibility to be aware of these differences and take action to protect themselves, their employees, and sub-contractors. Some examples to non-compliance are around: guarding of rotating or other sharp parts, noise, and exhaust emissions.
CARC Paint Warning
DP EQUIPMENT sells surplus military equipment and parts thereof. Many military items and parts are painted with CARC Paint. CARC is an abbreviation for Chemical Agent Resistant Coating hereafter referred to as CARC. Due to its intended purpose CARC paint contains lead, other heavy metals and silica sand not normally found in commercial and consumer rated paints and coatings. Sandblasting, sanding and other dust producing activities involving CARC paint may create hazardous dust. The user must take all necessary precautions to protect their health, the health of their employees, the health of sub-contractors and to comply with Governmental environmental pollution laws regarding the disposal of paint residue.
International Sales
International Buyers – Import duties, taxes VAT, and charges are NOT included in the item price or shipping charges. These charges are the buyer’s responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to bidding/buying. Items which are sold as used are marked as such on the shipping manifest. Most countries do not charge import duties on used goods. Check your local regulations for more information. These charges are normally collected by the delivering freight (shipping) company or when you pick the item up – do not confuse them for additional shipping charges. We do not mark merchandise values below sale value or mark items as ‘gifts’ – DO NOT ASK…. United States and International government regulations prohibit such behavior.
Not all products we sell are exportable to every country. We comply with US State Department, DOD, and US Commerce Control regulations. All international sales are verified against restricted and banned entity lists maintained by various agencies of the US Government. If buyer provided information is not sufficient to verify your identity DP EQUIPMENT may request additional documentation and verification information to satisfy Government regulations.
The cost and delays for export permits if required are the responsibility of the buyer. We will advise you if you need to apply for export license or permits for any products you wish to purchase.
Returns and Limited Warranty
DP EQUIPMENT values its relationships with current and future customers. DP EQUIPMENT is committed to helping customers. DP EQUIPMENT does not warrant used equipment unless a separate specific written warranty document is provided. All used equipment is sold as is where is without a warranty of merchantability or fitness for any specific purpose. Used equipment is available for the purchaser’s inspection and operation prior to purchase. Once the equipment is fully paid and leaves our premises the equipment is deemed to have been transferred to the new owner and is NOT returnable.
DP EQUIPMENT will accept returns for part purchases (not equipment purchases) within 14 days of the transaction date. Customer must return the part and bear all return shipping costs. Restocking fees up to 25% may apply depending on the specific product or service purchased. Shipping costs associated with the initial purchase will not be refunded and will be deducted from the refund amount. This pertains to all products purchased with “free shipping.”
Privacy and Copyright Protection
DP EQUIPMENT’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that DP EQUIPMENT can use such data in accordance with our privacy policies.
Your Content in our Services
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give DP EQUIPMENT (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service.
You can find more information about how DP EQUIPMENT uses and stores content in the privacy policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. DP EQUIPMENT may also stop providing Services to you, or add or create new limits to our Services at any time.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DP EQUIPMENT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
The aforementioned includes all products and services sold by DP EQUIPMENT or its partners, whether they are service or product partners. Many products and services purchased on our website are drop-shipped from third parties. DP EQUIPMENT is not responsible and will not be held responsible for delivery on or by any specific date or via any specific method. The condition or quality of all services shipped by third parties is their responsibility and not the responsibility of DP EQUIPMENT.
Liability for our Services
WHEN PERMITTED BY LAW, DP EQUIPMENT, AND DP EQUIPMENT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS ALSO INCLUDES PHYSICAL DAMAGE, INJURY OR DEATH TO CUSTOMER, CUSTOMER’S PROPERTY, AND THOSE WHO COME INTO CONTACT DIRECTLY OR INDIRECTLY WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH DP EQUIPMENT.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DP EQUIPMENT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, DP EQUIPMENT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THIS INCLUDES PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH THAT MAY BE ASSOCIATED WITH THE USE OF DP EQUIPMENT PRODUCTS. THIS ALSO INCLUDES FIRES OR ELECTROCUTIONS RELATED TO THE USE OF ANY DP EQUIPMENT PRODUCT.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify DP EQUIPMENT and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between DP EQUIPMENT and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of South Carolina, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts that oversee the state of South Carolina, USA, and you and DP EQUIPMENT consent to personal jurisdiction in those courts.
For information about how to contact DP EQUIPMENT, please visit our contact page.