(Updated: 10/23/18) EKNIVES Terms & Conditions
These terms and conditions apply to all purchase agreements that you, as buyer, enter into
with Claymerica LLC D/B/A EKNIVES, a Tennessee limited liability company as seller.
Legal compliance with state, local and federal restrictions regarding the products you purchase from EKNIVES is your responsibility. You should become familiar with all laws, including local ordinances, which may apply to you. Several organizations offer some guidance on knife laws across this great country. See, for instance, The American Knife & Tool Institute (AKTI) www.akti.org. Please note that AKTI is an independent entity and EKNIVES does not vouch for the accuracy of the information presented on its website or offer legal advice.
The shipment of automatic knives, pejoratively referred to as “swithchblades”, across state lines, is subject to the Federal Switchblade Act of 1958. The Act was amended in 2009. The objective of that amendment was to the emerging technology of “assisted opening.” Knives from the scope of the Act. The wording of the 2009 amendment refers to knives “having a bias toward closure” and which require manual exertion to in initiate opening the knife.
It is unclear whether double action out-the-front knives are covered by the 2009 amendment. We err on the side of caution and treat double-action OTF knives as automatics.
The original 1958 provisions regarding persons or entities who could receive interstate shipment of an automatic knife were not disturbed by the 2009 amendment, and require application and interpretation of federal, state and local law. Among the issues presented is composition of the militia. (The Switchblade Act does contain provisions pertaining to militias.) It may be that a large majority of US citizens are considered to be militia members. Purchasers of knives which may be subject to the 1958 Federal Act, and who are beyond the borders of Tennessee, must represent and certify to EKNIVES the eligibility to receive automatic knives.
Knives are often offered as an example of an “unavoidably unsafe product.” Without a sharp edge and/or a tip, a knife is not practical, either as a tool or as a weapon. It might be a spatula, for instance, but not a knife.
You, the purchase, acknowledge and assume all necessity of due care, caution and safe handling of the knife. Many other unavoidably unsafe products, such as prescription medications and chemical drain cleaning products, are sold in containers fitted with appropriate “childproof” caps or lids. People exercising due care keep such items out of the reach of children. Knives must be handled and kept with the same – if not greater – degree of care.
EKNIVES will not be responsible for use or misuse of the products you purchase from us.
EKNIVES will not sell or ship knives to any individual under the age of eighteen years. You hereby represent and certify that you are of the required age, as a condition of placing an
Manufacturers of the various knives sold by EKNIVES warrant their respective products. (see the manufacturers’ websites for additional information.)
You, as the retail purchaser, acquire the benefit of those warranties. Similarly, representations made by the manufacturers as to dimensions, materials use of a given alloy, etc., are neither made nor adopted by EKNIVES.
EKNIVES does not make or extend any warranty, express or implied. EKNIVES disclaims any implied warranties of merchantability or fitness for a particular purpose.
RESERVATIONS BY EKNIVES
We reserve the right at our sole discretion, to refuse offers to purchase. We reserve the right to change prices or offerings without notice.
We reserve the right to rescind or cancel any purchase agreement and to issue a full issue credit or refund at our discretion.
CHOICE OF LAW
EKNIVES is located within the State of Tennessee. You agree that Tennessee law will apply to any and all disputes regarding the above Terms and Conditions, as well as any claims you may assert against EKNIVES as arising or deriving from goods purchased from EKNIVES. You further agree that any such claim may be brought only in Hamilton County, Tennessee or in the U.S. District Court in which EKNIVES is located. You agree that such claim must be commenced within one year after the cause of action arises.