Equip Up, LLC – Sales Policy

for Equip-Up.com

Equip Up, LLC

Effective Date: 01/05/2024
Important Notice

This Sales Policy ("Policy") applies to all quotes, sales, and deliveries of products and services provided by Equip Up, LLC ("Equip Up," "we," "us," "our") through www.equip-up.com, email, phone, or any other channel. By placing an order or accepting a quote, the customer ("you," "Customer") agrees to this Policy.

This Policy is written for practical business use. It is not legal advice.

1) What we sell

Equip Up provides:

Products: industrial parts, materials, tools, and equipment (including, when available, surplus/used equipment).

Services: sourcing, procurement support, consolidation, logistics coordination, inspection coordination, documentation support, and related services.

Availability may change without notice.

2) Quotes and validity

Quotes are typically valid for [7/14/30] days unless stated otherwise.

Quotes may change due to supplier price changes, freight, duties, availability, lead times, or currency movement.

A quote is not a binding contract until Equip Up issues an order confirmation or invoice and receives any required payment.

3) Order acceptance

We may accept or reject any order at our discretion (including due to credit, compliance, export restrictions, or supply constraints).

An order is accepted only when Equip Up provides written confirmation (order confirmation, invoice, or acceptance email).

4) Pricing

Prices are shown in USD unless otherwise stated.

Unless the quote says "delivered," pricing is typically exclusive of freight, insurance, duties, taxes, export fees, bank fees, and special packaging/crating.

If supplier costs or logistics costs increase after you place an order (especially on long lead-time items), we will notify you and request approval before proceeding where applicable.

5) Payment terms

Unless otherwise stated on the invoice:

  • Standard terms: due before shipment (prepay).
  • Wire/ACH: Customer is responsible for all bank fees.
  • Credit terms (if approved): Net [15/30] from invoice date, subject to credit review and ongoing eligibility.

We may require deposits for special orders, large orders, international shipments, or new customers.

Late payments

Late balances may incur a late fee of [1.5% per month/maximum allowed by law].

We may suspend work, hold shipments, or cancel open orders if invoices are overdue.

6) Taxes and exemptions

Sales tax may apply based on shipping location and applicable law.

If you claim exemption, you must provide a valid exemption certificate before invoicing.

7) Lead times, backorders, and substitutions

Lead times are estimates and not guaranteed.

If items are backordered, we may ship partials unless you request "ship complete only."

If a specified brand/model becomes unavailable, we may propose an equivalent substitute for your approval.

8) Shipping, delivery, and risk of loss

Shipping terms (Incoterms or domestic terms) will be stated on the quote/invoice.

If shipping terms are not stated, default is Ex Works (EXW) / FCA origin (or FOB Shipping Point for domestic), meaning risk of loss transfers when the shipment leaves the origin point or is tendered to the carrier.

Delivery dates are estimates. We are not liable for carrier delays, port congestion, customs delays, weather, or force majeure events.

Freight and insurance

Freight may be billed at actual cost or estimated then reconciled.

Cargo insurance is optional unless required by the quote; if not included, it is the Customer's responsibility.

9) International shipments, export controls, and compliance

Customer agrees to comply with all applicable laws and regulations, including but not limited to:

  • U.S. export controls (EAR/ITAR as applicable), sanctions, and restricted party screening
  • anti-bribery laws (FCPA, UK Bribery Act where relevant)
  • customs requirements and end-use/end-user restrictions

We may require documentation such as end-use statements, consignee details, and identification for compliance screening. We may cancel orders that cannot be completed legally.

10) Inspection, discrepancies, and claims
Receiving inspection

You must inspect shipments promptly upon delivery.

Damage or loss in transit

Note visible damage on the delivery receipt and take photos immediately.

File carrier claims within the carrier's required time window.

Notify Equip Up within 48 hours of delivery for visible issues and within [5] business days for concealed damage.

Shortages or incorrect items

Notify Equip Up within [5] business days of delivery with photos and packing slip details.

11) Returns and restocking
Return authorization required

No returns accepted without a written RMA (Return Material Authorization) from Equip Up.

Standard stocked items

Eligible returns may be accepted within [15/30] days of delivery if:

  • items are unused, unopened, and in original packaging,
  • serial-numbered items match shipped records,
  • the item is not non-returnable (see below).

Restocking fees may apply: [15–30%], plus shipping both ways.

Non-returnable items

Special orders, custom items, cut-to-length materials, hazardous materials, and items marked "non-cancellable / non-returnable (NCNR)" are not returnable.

12) Special orders and cancellations

Special orders typically require a deposit and may be NCNR.

Cancellation requests must be in writing and are subject to supplier cancellation terms, restocking, and administrative costs.

If cancellation is accepted, Customer is responsible for costs already incurred (materials, labor, freight, crating, inspections, documentation, etc.).

13) Surplus / used equipment policy (important)
Important Notice

For surplus or used equipment, unless Equip Up explicitly states otherwise in writing:

  • Sold AS-IS, WHERE-IS, with all faults, and without guarantees of fitness for a particular purpose.
  • Customer is responsible for inspection (in-person or third-party) before purchase.
  • Descriptions (hours, condition, photos, yard notes) are provided for convenience and may be approximate.
  • Removal, loading, and transport may be Customer's responsibility unless included in the quote.
14) Warranty

New items may carry manufacturer warranties only, if applicable.

Equip Up does not provide additional warranties unless stated in writing.

Important Disclaimer

EXCEPT AS EXPRESSLY STATED, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15) Limitation of liability

To the maximum extent permitted by law:

  • Equip Up is not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, downtime, or project delays).
  • Equip Up's total liability for any claim is limited to the amount paid to Equip Up for the specific order giving rise to the claim.
16) Force majeure

We are not responsible for failure or delay caused by events beyond reasonable control, including supplier disruptions, strikes, transportation disruptions, war, terrorism, pandemics, natural disasters, port closures, power outages, or government actions.

17) Confidentiality

Pricing, quotes, and sourcing information may be confidential. Customer agrees not to disclose Equip Up quotes or pricing to third parties without written consent, except as required for internal approvals or compliance.

18) Fraud prevention and account security

We may request additional verification for new accounts, high-value orders, or changes to shipping/banking details.

If you receive a request to change banking details, confirm by calling our published number on Equip-Up.com.

19) Governing law and disputes

This Policy is governed by the laws of the State of Texas, without regard to conflict-of-law rules.

Disputes will be resolved in [Harris County, Texas] unless otherwise agreed in writing.

20) Updates to this policy

We may update this Policy from time to time. The version posted on Equip-Up.com at the time of order governs that transaction unless a separate written agreement applies.

21) Contact
Equip Up, LLC
Phone
832-407-1666
Address
11261 Richmond Avenue, Suite G108
Houston, TX 77082 USA