These Terms of Sale govern direct purchases from Copper Holler Surplus, LLC ("Copper Holler," "we," "us," or "Seller") made through our website, by email, by telephone, by invoice, or in person. A person is not bound merely by asking a question or requesting a quote. The buyer ("Buyer") agrees to these Terms by affirmatively accepting them during checkout, signing or otherwise accepting an invoice that incorporates them, or submitting payment after being given a conspicuous opportunity to review them. Buyer represents that Buyer is at least 18 years old and, when acting for an organization, is authorized to bind that organization.
ACCEPTANCE OF TERMS: BY SUBMITTING OR AUTHORIZING PAYMENT FOR ANY ITEM, BUYER ACKNOWLEDGES THAT BUYER RECEIVED OR WAS GIVEN ACCESS TO THESE TERMS OF SALE, HAD AN OPPORTUNITY TO REVIEW THEM, AND AGREES TO BE BOUND BY THE VERSION OF THESE TERMS INCORPORATED INTO OR PROVIDED WITH THE APPLICABLE LISTING, QUOTATION, ORDER CONFIRMATION, OR FINAL INVOICE.
Purchases originating through eBay or another online marketplace are also governed by that marketplace's applicable rules. See Section 16.
1. About Copper Holler Surplus, LLC
Copper Holler Surplus, LLC is an independent surplus reseller located near Sparta, Tennessee. We acquire and resell surplus, overstock, new-old-stock, and used equipment and merchandise. We are not an authorized dealer, distributor, or representative of any manufacturer named in our listings unless a listing expressly says otherwise.
Manufacturer names, trademarks, model numbers, part numbers, and documentation are used only to identify the item offered. Their use does not imply affiliation, endorsement, current manufacturer support, or a manufacturer warranty.
2. Sale classes
Every listing is designated as one of the following sale classes. The applicable designation appears on the listing and should also appear on the final invoice.
Class A — Industrial / Commercial. Sold only to buyers acquiring the item for business, commercial, industrial, institutional, or resale purposes. By purchasing a Class A item, Buyer represents that the purchase is made in the course of a business or trade and not primarily for personal, family, or household use. Class A items are industrial components intended for installation, service, or resale by qualified personnel. They are not offered as consumer products and may lack guards, enclosures, controls, certifications, documentation, or other features required for a particular application.
Class B — General Merchandise. Available to any buyer. A Class B designation does not create a warranty or alter any item-specific condition disclosure.
All items in both classes are sold subject to these Terms, including the AS-IS disclaimer in Section 10. A sale-class designation does not excuse an inaccurate description or waive any right that applicable law does not permit the parties to waive.
3. Listings and item descriptions
We prepare listings from our direct visual inspection and from markings, nameplates, packaging, records, and documentation available to us. Buyer acknowledges:
- Unless a listing says otherwise, photographs show the actual item or items from the offered lot. In a multiple-quantity listing, photographs may show only some or representative units from that lot.
- Specifications attributed to a manufacturer are normally transcribed from labels, nameplates, packaging, or available documentation. We do not independently verify every specification, and nameplate information may not reflect a later modification or repair.
- Only the item, quantity, and accessories expressly identified as included in the listing and final invoice are included. Objects appearing in the background of a photograph are not included.
- Unless specific test results are stated, we have not tested the item and its operational condition is unknown.
- Service history, hours of use, prior repairs, completeness, and storage conditions may be unknown. If we report information received from another person or company, we will identify it as third-party or historical information when practical.
- A description such as "new old stock," "unused surplus," "appears unused," or "sealed packaging" describes observed condition or packaging only. It is not a promise of remaining shelf life, current manufacturer support, operability, suitability, or warranty coverage.
- A description such as "rebuilt," "rewound," "serviced," or "tested" refers only to the date, source, and scope stated in the listing. It is not a representation of present operational condition unless the listing expressly documents a current test.
- Visible-condition statements are based on external inspection unless the listing expressly says that the item was opened or disassembled. The absence of a noted defect is not a representation that no defect exists.
- Dimensions, weights, freight classes, and shipping measurements are approximate unless the final invoice expressly guarantees them.
If a specification, measurement, connection, included component, or condition point is important to Buyer's intended use, Buyer must ask about it before purchasing. When practical, we will provide additional photographs or measurements before the sale.
4. Inspection, testing, and suitability
Buyer is encouraged to inspect the item before purchase or arrange a qualified third-party inspection at Buyer's expense and by appointment.
When feasible, additional testing may be arranged at the prospective buyer's expense. The test scope, facility, transportation, cost, packaging impact, and other terms must be agreed in writing before testing. Unless the written agreement states otherwise, the requesting party pays the testing, transportation, packaging, and related charges regardless of the result or whether a purchase follows. We may refuse destructive, hazardous, or impractical testing. We will not perform powered, destructive, pressure, load, or similar testing without advance written agreement. A test result describes only the item, procedure, conditions, and date within the scope of that test; it is not a continuing warranty. A statement made by an independent testing facility is that facility's statement and not a separate guarantee from Seller.
Buyer is solely responsible for determining suitability and compatibility and for safe inspection, testing, reconditioning, installation, guarding, permitting, commissioning, operation, maintenance, and disposal. Electrical, mechanical, pressure, process, and other specialized equipment should be evaluated and handled only by qualified personnel under applicable laws, codes, standards, and manufacturer guidance.
5. Prices, taxes, and quotations
Prices are stated in U.S. dollars and exclude sales tax and all parcel shipping, freight, crating, handling, insurance, accessorial, and delivery charges unless the applicable listing or final invoice expressly states that a specified shipping or delivery service is included.
When a listing states that standard shipping or commercial delivery is included at the full asking price, Seller selects the carrier and standard service. Freight delivery requires a commercial address with a loading dock or forklift unless otherwise agreed in writing. Residential delivery, liftgate service, limited-access delivery, expedited service, special handling, testing, and other nonstandard services are additional. Shipping terms for an accepted offer below the asking price will be confirmed in writing before purchase.
Applicable sales tax will be applied to the item price and to taxable shipping, freight, handling, or other charges as required by law. Any additional agreed delivery charges will be shown separately on the final invoice. A business purchase is not automatically tax-exempt. A buyer claiming a resale or other exemption should provide a valid exemption certificate for review before invoicing. A certificate or refund request submitted after payment will be handled only as permitted by applicable law and our documented tax procedures; no post-sale exemption or tax refund is guaranteed.
Website prices and quotations may change before a sale is accepted. Reasonable offers are considered.
6. Availability and acceptance of orders
A website listing is an invitation to submit a purchase request, not a binding offer. A direct sale is accepted only when we issue a final invoice or other written order confirmation and receive any required payment.
Inventory may be offered through multiple channels and may sell before a listing is updated. We may cancel an unpaid invoice before payment. Before shipment or release, we may decline a transaction or cancel and refund an accepted sale because an item is unavailable, a material listing or pricing error occurred, payment cannot be verified, or the transaction cannot lawfully be completed. If we cancel an accepted sale, we will promptly refund the amount paid to us for that sale.
7. Payment
The payment methods available for a transaction will be stated on the invoice or marketplace checkout. Unless we agree otherwise in writing:
- Bank wire transfer is required for freight shipments, higher-value machinery, and direct sales over $2,500.
- Credit or debit card may be accepted through an authorized Copper Holler Surplus, LLC invoice for eligible direct sales under $2,500, or by chip or tap at local pickup.
- Cash may be accepted at appointment-only local pickup. A receipt will be issued before the item is released.
- A purchase originating on a marketplace must be paid through that marketplace's required checkout.
We do not accept personal or business checks, money orders, peer-to-peer payment applications, cryptocurrency, or screenshots as proof of payment. Items are shipped or released only after payment is confirmed as received and available.
Invoices are payable within five business days unless the invoice states otherwise. An unpaid invoice may be cancelled and the item relisted.
Payment security
Do not send card numbers, card security codes, passwords, online-banking credentials, or your bank-account credentials by email or text. Wire instructions will be provided through our official invoice or another verified channel. We will not change wire instructions during a transaction by an unsolicited email or text. Independently verify any suspected change by calling the telephone number published on our website.
8. Title, shipping terms, and risk of loss
Seller transfers good title to the item upon receipt of payment in full, subject to any different term expressly stated on the final invoice.
The final invoice may identify the shipping method, carrier, insurance, packaging, freight terms, and allocation of risk. Unless the invoice expressly requires delivery at a destination, a shipped sale is a shipment contract, FOB Seller's shipping location. Subject to applicable law, risk of loss for conforming goods passes when the item has been appropriately prepared and tendered to the carrier.
If Buyer selects or contracts directly with the carrier, Buyer is responsible for pursuing the carrier claim. If Seller purchases the transportation service, Seller will submit or reasonably assist with a claim as required by the carrier's procedures. The invoice and shipping documents should identify the arrangement and the party entitled or required to submit a claim. A transfer of transit risk does not excuse Seller from responsibility for shipping the wrong item, materially misdescribing the item, or failing to perform Seller's agreed packaging obligations.
For local pickup, risk of loss passes when the item is released to Buyer or Buyer's carrier. Buyer or Buyer's carrier is responsible for a suitable vehicle and for final load placement, restraints, tie-downs, and securement. We may refuse to load a vehicle that we reasonably believe is unsuitable or unsafe.
9. Shipping, freight, pickup, and delivery timing
Parcel shipping, freight, crating, handling, insurance, and accessorial charges are buyer-paid and quoted separately unless the applicable listing and final invoice expressly identify a specified shipping or delivery service as included. An included-delivery listing does not include residential delivery, liftgate service, limited-access delivery, expedited service, special handling, testing, or other nonstandard services unless the final invoice expressly says otherwise. Freight pricing and service availability depend on destination, dimensions, weight, freight class, commercial or residential delivery, dock or liftgate needs, limited access, and other shipment requirements.
Local pickup near Sparta, Tennessee is by appointment only. Pallet-loading assistance is available, but Buyer remains responsible for transport suitability and final load securement.
Buyer must inspect a shipment at delivery. Visible damage or shortage should be described on the delivery receipt before it is signed. Buyer must photograph the item, packaging, pallet or crate, and delivery receipt; preserve all packaging; and notify us promptly. Concealed transit damage should be reported in writing no later than two business days after delivery. Failure to document damage promptly may prejudice a carrier claim.
Cargo insurance or declared-value coverage is not included unless the invoice expressly states otherwise. Any available coverage, cost, and Buyer's acceptance or rejection should be documented before shipment.
Shipping and delivery dates are estimates unless we expressly guarantee a date in writing. When a legal right to consent to a delay or receive a refund applies, these Terms do not limit that right.
Paid items awaiting pickup must be collected within 14 days unless otherwise agreed. No storage charge will be imposed unless the amount or method for calculating it was disclosed on the invoice or separately accepted in writing before it accrued.
10. AS-IS SALE AND DISCLAIMER OF WARRANTIES
EXCEPT FOR SELLER'S TRANSFER OF GOOD TITLE AND THE SPECIFIC ITEM-IDENTIFICATION, QUANTITY, AND CONDITION FACTS EXPRESSLY STATED IN THE APPLICABLE LISTING AND FINAL INVOICE, ALL ITEMS ARE SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
SELLER DOES NOT WARRANT THAT AN ITEM IS OPERATIONAL, COMPLETE, SAFE, FREE OF LATENT DEFECTS, FIT FOR BUYER'S APPLICATION, OR COMPLIANT WITH ANY CODE, STANDARD, CERTIFICATION, OR CURRENT MANUFACTURER SPECIFICATION UNLESS THE FINAL INVOICE EXPRESSLY STATES OTHERWISE. BUYER ASSUMES THE RISK AS TO THE ITEM'S QUALITY, CONDITION, AND PERFORMANCE.
No manufacturer warranty is represented, adopted, or transferred unless the listing and final invoice expressly state that a specific warranty is included and transferable. Manufacturer literature or an earlier service record supplied with an item is provided as information and does not create a warranty from Seller.
Nothing in these Terms excludes or limits an express factual representation that legally forms part of the bargain, Seller's obligation to transfer good title, liability for fraud or intentional misrepresentation, or a right that applicable law does not permit the parties to waive.
11. Final sales; no discretionary returns
Except for an authorized discrepancy remedy under Section 12, a required shipping-delay remedy, a conflicting marketplace rule, or another right that cannot lawfully be waived, all sales are final. We do not accept returns, refunds, or exchanges.
In particular, we do not accept returns because Buyer changed its mind, ordered the wrong item, misjudged dimensions or shipping expense, selected an incompatible item, cannot install or use the item, dislikes disclosed cosmetic condition, or discovers that an item accurately listed as untested does not operate as hoped.
12. Material discrepancy procedure
This limited procedure is not a performance warranty or a general return policy. It applies when the delivered item materially differs from a specific written fact in the applicable listing and final invoice, including:
- the wrong item, model, part number, or quantity was supplied;
- a component expressly stated to be included is missing; or
- the item's delivered physical condition is materially inconsistent with a specific condition statement or the listing photographs, excluding transit damage.
A hidden or internal defect, by itself, is not a material discrepancy when the item was accurately sold as untested or with unknown operating condition.
Buyer must notify us in writing within five business days after delivery or pickup, identify the inventory number and claimed discrepancy, and provide reasonably requested photographs or documentation. Buyer must stop use and preserve the item and packaging while the claim is reviewed. We may deny the voluntary remedy to the extent installation, energizing, disassembly, repair, modification, or continued use caused or worsened the condition or materially prevents verification. Limited inspection reasonably necessary to discover a discrepancy does not automatically bar a claim. These procedural requirements apply only to the extent permitted by law.
If we confirm a material discrepancy, we may, as appropriate, correct the error, provide an available missing component or replacement, offer a mutually accepted price adjustment, or authorize return of the affected item. If a return is authorized because of our confirmed material error, we will pay the agreed return shipping and refund the amounts paid to us for the affected item, applicable tax, and any outbound shipping charge that we collected for it.
No return may be sent without written authorization. Unauthorized or collect-on-delivery returns may be refused.
13. Limitation of liability
Except for Seller's express refund and authorized-return obligations under Section 12, and to the maximum extent permitted by applicable law, Seller's aggregate liability arising from a commercial sale will not exceed the amount paid to Seller for the affected item. For a consumer sale, this limitation applies only to the extent permitted by applicable law.
To the maximum extent permitted by applicable law, Seller will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of use, downtime, substitute equipment, damage to other property, or removal, reinstallation, or recommissioning costs, even if advised that such damages may occur.
These limitations do not apply to Seller's obligation to transfer good title; fraud or intentional misrepresentation; gross negligence or willful misconduct; personal injury or death to the extent liability cannot lawfully be limited; or any other liability or remedy that applicable law does not allow the parties to exclude or limit.
14. Compliance, regulated items, and export
Some items may be subject to safety, export-control, environmental, pressure-vessel, radiation, refrigerant, hazardous-material, or other regulation. Each party is responsible for its own obligations under applicable law. We may require end-use, destination, or other compliance information and may decline or cancel a transaction that cannot lawfully be completed.
Buyer is responsible for lawful possession, transport, installation, use, export, re-export, and disposal after the item is released. Buyer must not export or re-export an item contrary to United States law.
15. Resolving concerns and payment disputes
Buyer should contact us promptly about an invoice, delivery, or item concern so we can review the listing, invoice, photographs, and shipping records and determine whether Section 12 applies. Nothing in this section waives or restricts a legally protected payment-dispute right.
16. Marketplace purchases
A purchase originating on eBay or another online marketplace is governed by that marketplace's applicable checkout, return, buyer-protection, and dispute policies. If a marketplace rule conflicts with these Terms, the marketplace rule controls for that transaction. Payment must be made through the marketplace's required checkout.
17. Governing law and venue
Except where applicable law requires otherwise, these Terms and direct sales are governed by Tennessee law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to any non-waivable right, exclusive venue for a dispute concerning a direct sale will lie in the state courts serving White County, Tennessee, or the United States District Court for the Middle District of Tennessee, as applicable. The parties consent to the personal jurisdiction of those courts.
18. Entire agreement, priority, severability, and changes
The dated version of these Terms provided or incorporated with the sale, the applicable listing as it existed when the sale was accepted, and the final invoice form the agreement concerning that sale. A specifically negotiated term in the final invoice controls, followed by the listing solely as to item identity, included quantity, and affirmative item-specific facts, followed by these Terms. Any additional or different term in Buyer's purchase order, vendor form, email footer, or other document is rejected and does not become part of the agreement unless we expressly accept the identified change in writing. Buyer should retain copies for its records.
The agreement supersedes prior or contemporaneous discussions concerning that sale, but it does not exclude a representation that cannot lawfully be disclaimed. A modification must be in a writing accepted by both parties.
If a provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect.
For a vehicle or other titled item, the item-specific bill of sale, title, odometer disclosure, and other legally required transfer documents also apply and control if they conflict with these general Terms.
We may revise these Terms prospectively. A revision does not change an earlier sale; the version accepted for that transaction governs.
19. Contact
Copper Holler Surplus, LLC
Email: sales@copperhollersurplus.com
Phone: 931-400-8810
Mailing address: P.O. Box 1234, Cookeville, TN 38503
Please include the inventory number in correspondence about a specific item.