Welcome to DPx Gear

Terms of Purchase

The Sale of products and/or services ("Products") by DPx Gear, Inc’s, its parent company, licensees, and affiliates (collectively "We", "Us", or "Our") to customer ("Customer") are subject to these terms and conditions ("Agreement").

1. ORDERS
All orders ("Order") are subject to Our acceptance. Contracts between Customer and Us are formed upon Our written acceptance or execution of Customer's Order and shall be subject to this Agreement. We reserve the right to allocate the sale of Products among Our customers.
2. PRICES
Prices are subject to change at any time. Prices are for Products only and do not include taxes, shipping charges, duties, and other charges or fees.
3. TERMS OF PAYMENT
Payment is due at time of sale. Unless otherwise provided by applicable law, any credit issued by Us to Customer in respect of any of Customer's accounts will expire if unused for twelve (12) months following the date of issuance of such credit.
4. TERMS OF DELIVERY
Risk of loss transfers Customer when Products are transferred to the carrier from Our warehouse. Title transfers to Customer when Products are paid in full. Our delivery dates are estimates only. We are not liable for delays in delivery. We reserve the right to make partial deliveries.
5. CHANGES
We may at any time, and without notice, make changes within the general scope of Products, in any one or more of the following: (a) drawings, designs, or specifications; (b) method of shipment or packing; and (c) price.
6. WARRANTY
Products are warrantied for the lifetime of the original Customer. We will repair or replace at Our discretion. Products must be used as instructed.
7. PRODUCT RETURN
Please fill out a Warranty Claim Form if there is a manufacturer defect (Warranty Claim Form may be found online). Customer must return the Products to Us shipping prepaid in original manufacturer's shipping cartons or equivalent, along with acceptable proof of purchase.
8. LIMITATION OF LIABILITY
To the extent permitted by law, neither We nor Our employees or agents are liable for and Customer is not entitled to any indirect, special, incidental or consequential damages. To the extent permitted by applicable law, Customer's recovery from Us for any direct damages will not exceed the price of the Product at issue. To the extent the preceding limitation of liability is deemed invalid under applicable law, Our total liability in any event will not exceed USD 25,000 or the equivalent thereof. Customer will indemnify, defend and hold Us harmless from any claims based on;
  • (i) modification of any Product by anyone other than Us, or
  • (ii) use of Products deviating from suggested or authorized use.
9. USE OF PRODUCTS
Customer shall comply with the manufacturers' or Our Product specifications.
10. GENERAL
  • a. This Agreement shall be governed, construed, and enforced in accordance with the laws of California. The United Nations Convention for the International Sale of Goods shall not apply.
  • b. Customer may not assign this Agreement without Our prior written consent, and Our affiliates may perform Our obligations under this Agreement.
  • c. Our failure to object to any document, communication, or act of Customer will not be deemed a waiver of any of these terms and conditions.
  • d. The unenforceability of any of these terms or conditions will not affect the remainder of the terms of this Agreement. e. Products, including software or other intellectual property, are subject to any applicable rights, such as patents, copyrights and/or user licenses, and Customer will comply with such rights.