(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.
Updates to this Agreement. EKNIVES RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. EKNIVES may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.
Some items on the Website may be illegal in your or other areas for possession by those under the age of 21. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on this Website. 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 “switchblades”, 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.
Automatic Knife Laws & Assisted Knife Laws. The Switchblade Act, (Pub.L. 85-623, 72 Stat. 562, enacted on August 12, 1958, and codified in 15 U.S.C. § 1241–1245), as may be amended, (the “Act”) prohibits shipment of automatic knives across state lines, with the following exceptions:
(a) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;
(b) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;
(c) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory;
(d) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (a), (b), and (c).
Sections 1242 and 1243 of the Act shall not apply to:
(e) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(f) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces.
(g) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(h) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(i) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand wrist, or arm to overcome the bias toward closure to assist in opening the knife.
EKNIVES will not sell to any individual or group outside the State of Tennessee without the above conditions being met. This does not apply to automatic knives manufactured, distributed, purchased or sold within the State of Tennessee. Proper identification may be required before the order is shipped in cases where restricted items are purchased.
NOTE: There are some areas within the United States of America where we cannot ship certain restricted items (e.g. defense sprays, automatic knives, stun guns, police batons, etc.). These areas include, but are not limited to: California, Delaware, Hawaii, Ohio, Hawaii, Massachusetts, New Mexico, New York, New Jersey, Virginia, Wisconsin. Exceptions are made as local laws permit (proper ID may be required at the time of purchase).
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 order.
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.
Shipping - International Orders.
Prior to placing an international order (defined as outside the United States of America), you must contact us at the information listed under the “contact us” section of the Website. There are numerous export and import restrictions regarding tactical and outdoor Products. International purchasers assume all risk of loss, theft, customs seizures, clearance, duties, levies, fees, taxes, storage charges, broker fees, and the like associated with international shipments (the foregoing collectively, “International Shipping Events”), and you agree that EKNIVES shall not be held liable for any International Shipping Events.
International Customer Conditions:
- Customer must pay all shipping fees
- Customer must pay any and all taxes, duties, etc.
- Customer must pay via Wire Transfer
- If items get lost, stolen, or seized by customs, we are not accountable, and cannot give a refund.
- Customer must understand their own/carry laws in their country and have proper permits where applicable
- Customer must pay all shipping fees for returns & exchanges, as well as warranty work
- Please note that we do not falsify customs documents. We will list exact items and exact values, in accordance with national and federal laws. If you believe that your items will be seized at customs when labeled appropriately, we urge you to carefully consider this.