Terms of Service

Terms of sale, delivery and pickup

Last updated October 10, 2026

These Terms explain how ordering, payment, delivery, pickup and this website work, and what Darby Pit and you are each responsible for. You agree to them by checking the box at checkout, on a Darby Pit quote link or when you create a Darby Pit account. They then apply to your orders, together with our Refund Policy and Privacy Policy. If you agree to receive texts from us, our Text Messaging Terms & Consent also apply.

The short version

• Before you pay, checkout shows your delivered price, which includes the material, delivery, any sales tax and a fuel surcharge that follows diesel prices (section 3). Online orders are paid in full up front.
• You choose a delivery option at checkout, such as a day and a broad time window. We don’t promise an exact arrival time.
• You pick a safe, firm spot for the truck and tell us about anything buried, soft or overhead. The driver makes the final safety decision.
• If a truck has to wait more than 10 minutes at your site before it can dump, we charge that truck’s hourly rate for the extra time (section 6).
• Loaded trucks are heavy and can damage driveways, curbs, lawns, septic systems, sprinklers and buried lines. When you have us drive onto your property, you accept that risk, except for damage caused by our negligence.
• Sand, gravel, rock and soil are natural materials that vary, and tons-to-yards conversions are estimates.
• You can cancel within 24 hours of your purchase for a full refund, unless your order is already out for delivery or delivered.
• If we let you pay after delivery, a balance still unpaid 30 days after its due date may accrue interest (section 10).

This summary is here to help. The full Terms below are what apply.

Jump to a section

1. Who we are
2. Placing an order
3. Prices and payment
4. Amounts and natural material
5. Delivery scheduling
6. Site access and where the truck dumps
7. Property damage
8. Picking up at the pit
9. Cancellations, changes and refunds
10. Late payment
11. Payment problems and disputes
12. Warranties
13. Limits on our liability
14. Events outside our control
15. Text messages
16. Customer accounts
17. Using this website
18. Idaho law and disputes
19. Other terms
20. Which version applies
21. Contact us

1. Who we are

Darby Pit LLC (“Darby Pit,” “we,” “us”) is an Idaho limited liability company. We sell and deliver gravel, sand, rock, topsoil and other earth products in the Teton Valley area. Our pit is near Driggs, Idaho.

“You” means the person or business placing the order. If you order for a business or for someone else’s property, you confirm that you have the authority to do so. You must be at least 18 years old to place an order.

2. Placing an order

• An online order is placed when you complete payment at checkout: your card payment is approved or your bank payment is submitted. If you don’t complete payment, no order is placed.
• Before you pay, check the materials, amounts, delivery address or map pin, delivery choice and your notes. You’re responsible for giving us accurate information, including an address or pin that shows where the material should go.
• Read the notes on each material’s page and at checkout. They explain what a material is and isn’t, for example whether it is washed or screened or contains fines.
• We may decline or cancel an order, for example if the address is outside the area we serve, the site can’t be reached safely, or a material becomes unavailable. If we cancel all or part of an order, we refund what you paid for the part we cancel.
• Large commercial jobs, difficult access, mixed materials and unusual requests may need to be arranged with our office by phone.

3. Prices and payment

• Materials are priced per ton or per cubic yard, as shown on each material’s page. Delivery is priced by truck time from the pit, so it depends on your address and the trucks and loads your order needs.
• Before you pay, checkout shows a delivered price for each material, which includes the material, delivery, any sales tax and the fuel surcharge, then any coupon or bank-payment discount and your final total. That total is the price of your order as placed.
• Fuel surcharge. Our prices include a fuel surcharge that follows the price of diesel. Each week we use the average on-highway diesel price for the Rocky Mountain region published by the U.S. Energy Information Administration (EIA): under $4.50 a gallon, the surcharge is 1%; from $4.50 to under $5.50, 2%; from $5.50 to under $6.50, 3%; and $6.50 or more, 4%. It is a percentage of the material, delivery (or pickup loading) and sales tax, and it is included in the delivered price checkout shows before you pay. A new week’s percentage applies once EIA publishes that week’s price, usually on Monday; until a newer price is published, the last one applies. The surcharge in the price you pay, or in your Darby Pit quote, stays with that order. For trucking billed by the hour, customers new to Darby Pit on or after October 12, 2026 pay the same weekly percentage on truck time for the week the work is done, unless a signed bid or contract sets the price.
• Online orders are paid in full up front by card or bank account through our payment processors, Elavon (U.S. Bank) and Stripe. They handle your card and bank details; we never see or store full card numbers.
• Paying by bank account may lower your total, and larger orders may need to be paid by bank account. Checkout shows both when they apply.
• The card or bank account you use to pay online may be saved securely with the payment processor that handles it, Elavon (U.S. Bank) or Stripe, so future orders can be paid faster. We use a saved payment method only for orders you approve. If you don’t want it saved, contact us before you pay, or remove it later in your account or by asking us.
• Coupon codes are checked again when you pay and follow any conditions that come with them.
• If you ask to change an order after paying, for example to add material, we’ll confirm any price difference with you before we make the change.

4. Amounts and natural material

• Most materials are sold by the ton (2,000 pounds); some are sold by the cubic yard.
• When we convert between tons and yards, we use a typical weight for that material. Real weight per yard changes with moisture, size and compaction, so conversions, calculators and project estimates are approximate.
• Material is loaded in bulk, so the amount delivered may be slightly more or less than the amount ordered. Small differences are normal.
• Sand, gravel, rock and soil are natural materials. Color, size, shape, moisture, fines and texture vary from load to load and may differ from the photos on our site. Unscreened and fill materials can contain rocks, roots, debris or other material, as described on their pages.
• If you think we delivered the wrong material or a load that is clearly short, tell us right away, before you spread, mix or use it, so we can check.
• You’re responsible for choosing the right material and amount for your project. Our website helper, calculators and staff give general guidance and estimates, not engineering, drainage, septic or code advice. If your project must meet a written specification, such as a septic drain field, drainage, structural fill or engineered plans, send it to us before you order. We don’t promise that a material meets a specification unless we have agreed to that in writing for your order.

5. Delivery scheduling

• When you order online, you choose from the delivery options checkout offers, such as the earliest available delivery, delivery before a date you pick, or a delivery day and a broad time window. If checkout can’t book your delivery online, we’ll call you to schedule it.
• Time windows are requested time frames, not appointment times. Loading, traffic, weather, road conditions and earlier deliveries can change the actual arrival time, and we don’t promise an exact arrival time.
• If weather, road restrictions, equipment problems, safety concerns or other events outside our control delay your delivery, we’ll contact you to reschedule.
• Keep your phone handy on delivery day in case the driver needs directions or has a question about the dump spot.

6. Site access and where the truck dumps

You choose where the material goes. The spot must be safe, firm and large enough for a loaded dump truck to get in, raise its bed, dump and get out. Before delivery, you must:

• tell us about, or clearly mark, anything the truck could damage or that could damage the truck, including septic tanks and drain fields, sprinkler lines and heads, wells, and buried water, power, gas and propane lines;
• point out overhead wires, tree branches and roof edges;
• make sure gates are open and wide enough, and that there is room to turn around;
• tell us about soft or wet ground, steep slopes and tight turns; and
• keep people, pets and vehicles clear of the truck while it moves and dumps.

Use the dump-location notes, photos and map pin at checkout to show the driver where to dump. You’re responsible for having permission for the material to be delivered and placed where you ask, including any landowner, HOA or permit approval it needs.

Waiting time. Have the spot ready and the way in clear when the truck arrives. If a truck has to wait at your site before it can dump, for example because a gate is locked, the spot is blocked or no one is there to show the driver where to dump, the first 10 minutes are free. After that, we charge for the extra waiting time at that truck’s hourly rate. This applies to each truck and each load. We don’t charge for waiting we cause. Our office can tell you our current hourly truck rates.

The driver makes the final safety decision. If a spot looks unsafe, could damage the truck or the property, or can’t be reached, the driver may choose a different spot with you or decline to drive in or dump there. If there is no safe way to deliver, we’ll contact you to work out another plan.

Where checkout offers spread delivery for a material, the driver spreads the load from the truck instead of leaving one pile. Spreading from the truck is not finish grading or compaction, and the driver may leave a pile instead if spreading isn’t safe.

7. Property damage

Our trucks are heavy. Driving on a driveway, curb, lawn, field or other paved or unpaved surface can crack concrete or asphalt, leave ruts, and damage septic tanks and drain lines, sprinkler systems, and shallow buried pipes and cables.

When you direct or allow our truck onto your property or to a spot you choose, you accept the risk of this kind of damage, and Darby Pit is not responsible for it, except for damage caused by our negligence. This includes damage to buried or hidden items that were not marked or pointed out to us.

If you’re not the property owner, you confirm that the owner has agreed to the delivery and to this section. If you believe we caused damage, tell us as soon as you notice it and send photos, so we can look at it.

8. Picking up at the pit

• Pickups at the Darby Pit, 1795 S 1500 E, Driggs, ID 83422, are by appointment only, Monday–Saturday, 8 AM–5 PM. Set up your appointment with us ahead of time.
• Bring a truck or trailer in safe working order that is rated for the weight you’re buying. You’re responsible for staying within your vehicle’s weight ratings and legal load limits. Our loader operator may refuse to load a vehicle that looks unsafe or would be overloaded.
• Before you leave the pit, secure your load and cover it with a tarp where needed. You’re responsible for your load once it is on your vehicle.
• At the pit, follow the loader operator’s instructions, stay with your vehicle, keep children and pets inside it, and stay clear of moving equipment.
• Pickup loads of five tons or less that we load at the pit have a $15 load fee per load.

9. Cancellations, changes and refunds

Our Refund Policy explains cancellations, changes and refunds. In short, you can cancel within 24 hours of your purchase for a full refund, unless your order is already out for delivery or has been delivered. After that, all sales are final except as the Refund Policy describes. You can still ask us to change your delivery before your order is out for delivery.

10. Late payment

Most orders are paid in full before delivery. This section covers balances we let you pay later.

Overdue balances and interest. This section applies only to orders placed on or after August 24, 2026, when the customer either accepted these Terms while creating a Darby Pit customer account or agreed to these Terms before placing the order, and Darby Pit allowed payment after delivery or otherwise extended payment terms. Any unpaid balance remaining 30 days after its stated due date will accrue simple interest at 5% per month (60% per year), or the highest rate permitted by applicable law if lower, until paid. Interest does not compound. Creating an account before this acceptance requirement was added does not apply the charge retroactively. Any disclosure, grace period, or lower limit required by applicable law will control.

11. Payment problems and disputes

• If a payment is declined, returned or reversed, for example a bank payment that bounces, the order is not paid. We may hold or cancel an undelivered order until it is paid. For an order already delivered, you still owe the amount due, plus any fee our payment processor charges us because the payment was returned or reversed.
• If something looks wrong with a charge, contact us first. We can usually fix it faster than a card or bank dispute. If you dispute a charge for an order we delivered as agreed, you still owe the amount for that order.

12. Warranties

We describe our materials as accurately as we can and deliver the material listed on your order.

Except as stated in these Terms or agreed in writing for your order, our materials and services are provided “as is,” without any other warranty. To the fullest extent the law allows, we disclaim all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose.

13. Limits on our liability

To the fullest extent the law allows: (a) Darby Pit’s total liability for any claim relating to an order, a delivery, a pickup or this website is limited to the amount you paid for that order; and (b) Darby Pit is not liable for indirect, incidental, special or consequential damages, such as lost profits, project delays, equipment rental, crew time or the cost of substitute materials.

Nothing in these Terms limits any liability that the law does not allow to be limited.

14. Events outside our control

We’re not responsible for delays or failures caused by events outside our reasonable control, such as weather, snow, mud, fire, flood, seasonal road weight limits or closures, equipment breakdowns, fuel or supply shortages, illness, or government action. We’ll contact you to reschedule. If we can’t deliver within a reasonable time, either of us may cancel the undelivered part of the order, and we’ll refund what you paid for it.

15. Text messages

Text messages are optional. We text you only as described in our Text Messaging Terms & Consent, and you can reply STOP at any time. Opting out of texts doesn’t cancel an order or change what you owe.

16. Customer accounts

If you create a Darby Pit account, keep your sign-in secure and don’t share it. You’re responsible for activity in your account, and you should tell us right away if you think someone else is using it. Your account remembers which version of our policies you accepted; when they change, you’ll be asked to agree again before your next order.

17. Using this website

• Prices, availability and delivery days on this site can change until you pay.
• Calculators, the material helper and other tools give estimates and general information only.
• Don’t misuse the site: don’t use it to break the law, don’t interfere with how it works, don’t try to reach accounts or information that aren’t yours, and don’t use automated tools to copy the site or place orders.
• The Darby Pit name, logo, photos and text on this site belong to Darby Pit or to the people who licensed them to us. Don’t copy them for commercial use without our permission.
• Links to other websites, such as maps and payment pages, are provided for convenience. We’re not responsible for their content or practices.
• We may change or pause parts of this website at any time.

18. Idaho law and disputes

Idaho law governs these Terms and every order, without regard to conflict-of-law rules. If a disagreement comes up, please contact us first so we can try to resolve it. If we can’t, any court case must be brought in the state courts in Teton County, Idaho, or in the federal court for the District of Idaho, unless the law requires otherwise.

19. Other terms

• If any part of these Terms can’t be enforced, the rest still applies.
• If we don’t enforce part of these Terms right away, we can still enforce it later.
• These Terms, the policies they link to and your order details are the whole agreement about your order, unless we agree to something different in writing.

20. Which version applies

We may update these Terms. The version you agreed to when you placed an order applies to that order, and we record that version with your order. Changes apply only to orders placed after they are posted. The date at the top shows when these Terms last changed.

21. Contact us

• Darby Pit LLC
• Phone (call or text): 208-313-5337
• Email: info@darbypit.com
• Office hours: Monday–Saturday, 8 AM–5 PM Mountain Time; closed Sunday
• Pit (pickups by appointment): 1795 S 1500 E, Driggs, ID 83422
• Mail: 415 E 1000 S, Driggs, ID 83422