If tower gives you a heading and altitude, they have taken you off the DP so any DP restrictions no longer apply unless they direct you to resume the DP. Yes, turn at 400 agl.No problem but would still like your inputs to the above questions. My understanding is if a dp says "clb to xxx ft prior to turning" that doesn't apply if given a hdg and alt from clnc or twr and I would disregard what was published and turn at 400agl. As for my second question if it states in the alternate takeoff min section that xxxft/nm is required for that rwy that min clb gradient does apply to any type of departure out of that rwy (even a vector) unless told otherwise.
Am I on the right track on this?
Any required climb gradient would be listed on the each individual DP. If the tower is giving you radar vectors, they are responsible for your terrain avoidance and would give you any minimum needed rate of climb if other than normal. The gradient listed on the obsticle clearance departure is only valid for that procedure. However, when would you ever really use an obsticle clearance departure procedure? You would have to be taking off IFR without an assigned DP and not under radar control/contact (for example, an uncontrolled airfield with no DPs). Maybe if taking off IFR on vectors and you immediately go lost comm. Other than from a podunk airport with no tower and no DPs, I've never done it. It's mostly a general aviation or small commuter airline thing.
Disclaimer: I've only used Jeppesen charts for the last 14 years but from what I remember of NOAA and DOD, any required climb gradients are listed on the individual DPs and also missed approach instructions. It makes sense that it is this way as different DPs have different ground paths and therefore different terrain.