Agreement

Effective Feburary 13, 2022

 

Binding Agreement: By purchasing or otherwise receiving the product, you agree to be bound by the terms of this Agreement. It is a contract between you and Modell Design LLC, its consignment and other authorized resellers (a reseller is only authorized if it obtains the product directly from Modell Design LLC), and Ironman Steel with respect to products made by/at it (together, “we”, “us” or “our”), as applicable. It also binds all subsequent transferees of the product. If you had no advance opportunity to review these terms and decline to be bound, return the product to your seller or transferor immediately. We reserve the right to amend this Agreement at our discretion, so be sure to look at it immediately prior to making your purchase. This Agreement, as in effect at the time of purchase (i.e., not subject to later amendments), applies to you (and your transferees) and supersedes any terms that might be printed on the product’s packaging.

Blunt Warning: The product is a real weapon and, therefore, inherently dangerous at all times. Even our blunt and training swords are real weapons. The weight, balance and design make them capable of applying lethal or maiming force and the tip of a specific model might be able to easily penetrate vital organs. A blunt edge or rounded tip might be able to cut under particular circumstances. Treat the product like a cocked pistol with a bullet in the chamber and no safety. Bladed weapons, like firearms, can degrade through normal wear and tear, or fail, so inspect carefully prior to every use. If you find a structural flaw, you agree to discontinue use immediately.

You are solely responsible for all personal injury, property damages, losses, fees and expenses (including but not limited to attorneys’ fees and other litigation expenses), other incidental and consequential damages, incurred by you or others, arising from any and all possession, ownership, use, improper use, access, transport, storage, cleaning, sharpening, maintenance, or failure thereof, and other activities related to the product, to the maximum extent permitted by law.

Age 18: You must be at least 18-years old to purchase or otherwise receive this product. Doing so constitutes a representation to us that you are at least 18-years old.

Legality and Customs: You are solely responsible for knowing the laws relevant to your purchase, import (if applicable), ownership, possession, holding, carrying, transport, and other use of this product. You represent to us that you can lawfully purchase, own and possess the product, that you will only use it in a legal manner, and that the product can lawfully be sold and, if applicable, shipped, to you at the address you have provided with your order. For international sales, you are solely responsible for securing any necessary permissions, certificates or permits required for import, and for all customs fees, duties, import taxes, other import costs and penalties. We are not responsible for any product seized by local authorities or customs agents, nor will we replace, or refund for, any product confiscated by local authorities or customs agents. 

Intended Use:

Swords and Sai: We provide blunt and training version swords and Karate Sai for martial arts exercise, and form/kata practice, in the air by medically-fit martial arts practitioners under the supervision of qualified instructors or who are themselves qualified to train with the product. They are not intended for contact beyond the light, controlled contact of a single-person form/kata. If you are accustomed to soft-steel construction martial arts weapons that are about as dangerous as a spoon, this product is entirely different and requires a new, serious mindset.

You are solely responsible for selecting a model with the appropriate design and blade length. If you are in doubt or concerned that the blade might be too long, don’t buy. Many martial arts have techniques that can result in self-mutilation if the blade is too long. Too short and your training becomes unrealistic.

You are obligated, and solely responsible, to use the product properly and under safe conditions. That means, inter alia, that you need to adequately maintain the product, inspect prior to every use as previously noted, select an appropriate training space with a healthy safety margin between your maximum range and all other individuals, and keep an eye out for children who might close for a better look or attempt to cut across your training area. If you are physically tired, your hands are sweaty, you are mentally fatigued, you have an injury or condition that might produce involuntary movement, or are otherwise impaired, you should stop training with weapons.

Swords with a sharp cutting edge are sold for display purposes only.

Knives: Our combat, bomb disposal, and law enforcement knives are intended for use by professionals or display purposes.

Using a knife’s glass breaker is an inherently dangerous activity that should be reserved for life and death emergencies since even proper use risks serious or mortal injury to you and those near you. It is solely your responsibility to know how to use a glass breaker properly. Two basic points are: (1) pick a target so the window frame serves as a bumper stop to keep your wrist and forearm from brushing the broken glass, and (2) use eye protection and heavy long-sleeve clothing. Never use the tip of a knife to attempt to break glass. You are solely responsible for all injuries and damage resulting from use of a glass breaker.

Allocation of Responsibility and Liability: This Agreement is intended to protect us from liability related to the product beyond the cost of repair, replacement, or refund, as set forth in the limited warranty below, to the maximum extent permissible by law. In plain language, assuming we are not grossly negligent or evil, you won't sue us successfully for injury or damages resulting from the product for any reason whatsoever, and we really mean it.

Indemnity and Hold Harmless: You agree to indemnify, defend, and hold us harmless, from any and all losses and damages (including, but not limited to, attorney’s fees and other litigation expenses, in the event we prevail) arising from or related to any false representation by you in this Agreement, any matter that is explicitly set as your responsibility in this Agreement, or other breach of this Agreement by you, to the maximum extent permitted by law. 

Limited Warranty: This product has a limited warranty to the original retail purchaser extending for 30-days from the date of purchase against defects in materials and workmanship in lieu of all other warranties, express or implied, including but not limited to fitness for an intended use, subject to the following terms and conditions. It only applies if the purchase is made from Modell Design LLC or an authorized reseller. This limited warranty does not apply to any failure of, defect in, or damage to the product caused by normal wear and tear or improper use. Under the limited warranty, Modell Design LLC will replace, repair, or refund the price paid to it for the product, the option at its discretion, for non-compliant product. If you bought the product from an authorized reseller, you should consider looking to them first for a refund since you likely paid more for your retail purchase from them than the wholesale price they paid to Modell Design LLC. If you decide to initially pursue your claim against the authorized reseller, you should also promptly notify Modell Design LLC as the limited warranty time period continues to run until it receives notice of a claim. There are no warranties which extend beyond the description on the face hereof. No refund, replacement, service, warranty, limited warranty or claims, if otherwise available, will be honored unless the claimant has the original packaging. We may require that the claim include an original proof of purchase showing the seller, price and date of purchase. We may require return of the product, at our expense, prior to issuing any replacement or refund.

Improper Use: Improper use immediately voids the limited warranty and cancels all obligations we might otherwise have to you. As used herein, abuse also constitutes improper use. If this Agreement specifies an intended use, or intended uses, for the product, using it for any different purpose constitutes improper use. Herein follows a non-comprehensive list of some activities that constitute improper use:

• Blocking steel with the cutting edge of a bladed weapon. Blocking steel on steel if alternatives are available such as avoidance or cutting the opponent’s wrist.
• Chopping at stone with a steel sword, smashing a blade with a sledge hammer, putting a blade in a vice and bending it, smashing sword blades into sword blades, and other dangerous or destructive testing.
• Cutting a bagel with the sharp edge aimed towards your hand.
• Doing two-person training with steel swords. The industry standard is to use foam or plastic blunt practice weapons.
• Dropping a fine-tipped bladed weapon on its tip. Transporting same in a fashion that does not protect the tip.
• Dropping a knife off a cliff.
• Failing to properly clean and maintain your cutlery.
• Leaving a knife or sword in your car for long-term storage. This subjects it to changes of temperature and humidity, causing expansion, contraction and corrosion.
• Prying with a knife unless it was specifically designed for such purpose.
• Putting any knife, including a kitchen knife, into an automatic dishwasher unless the maker states it is dishwasher safe. Weapons-grade steels, including, for example but not limited to, 440C used by high-end custom knife makers on kitchen knives, should be carefully washed by hand.
• Putting your hand on a table then sticking the knife in the table immediately adjacent to parts of your hand.
• Stabbing a rib cage with a bladed weapon held vertically instead of horizontally.
• Sticking a bladed weapon in a tree, then bending it until the tip cracks or breaks.
• Storing a bladed weapon in a leather sheath. Use sheaths for transport only.
• Throwing a knife that was not specifically designed for throwing.
• Training with a sharp sword or sharp swords.
• Using a knife as a piton.
• Using a knife as a screwdriver.
• Using a knife designed to penetrate 7 layers of clothing and soft flesh to stab a ceramic plate.
• Using a sword of improper design or size for your martial arts activities, physique and health.
• Using a sword with a concave/hollow grind for anything other than open air practice or soft targets.
• Using a weapon that has a visible structural flaw.
• Using two knives, tip stuck in the ground and each hand holding the grip of one knife, to do pushups.

Forge Master K. Ali: Forge Master K. Ali shall have no personal liability for any product made by or at Ironman Steel regardless of whether his name (or email address) is used on the packaging, product, in advertising or otherwise in connection with the product. 

Third-Party Beneficiaries: The limitations on liability, indemnity and hold harmless provisions of this Agreement are intended to also afford protection to Modell Design LLC’s consignment resellers, other authorized resellers, and Ironman Steel with respect to products made by/at it. If an authorized reseller or Ironman Steel offers terms of sale more advantageous to the purchaser, including but not limited to a longer limited warranty, than those set forth in this Agreement, that is not a modification of this Agreement rather it is a waiver solely on their part of those relevant third-party beneficiary rights under this Agreement, if any, that otherwise protect them, but just to the minimum extent necessary to honor their terms of sale.

Unauthorized Sellers: Unless you purchased this product directly from Modell Design LLC or from one of its authorized resellers, Modell Design LLC has no relationship with you relevant to the product and no limited warranty, warranty or other obligation to you with respect to the product.

Not Product Defects:  This product was made by hand. Normal variations in construction, appearance and weight that are characteristic of the materials or hand work are not defects.

Swords: There will be slight imperfections on most swords. For example, you might have a few dot-sized blackened pits and/or a small scratch on the D-Guard; there may be some filler around an exposed tang; there will be minor variations in weight, blade length and/or total length between paired swords; and there may be a minor difference in the precise shape of a blade, quillon or other component.

All Cutlery: The composition of some exotic steels impacts their potential finish. Most handle materials expand and contract with environmental conditions. The degree to which this occurs depends on the type of material and, in some cases, whether it has been aged.

These types of things are NOT defects. They are the result of humans making and shaping every aspect of the product and the inherent characteristics of the materials. Said imperfections have been factored into the pricing. We firmly believe the price is excellent for the product and quality you receive, and welcome you to consult other clients and any high-end custom knife-makers for their opinions. Note that if the variations between two swords of a matched pair are material to their use, there is a product defect.

Books: We sell books produced using on-demand printing. They exhibit the quality level customary for this method of production.

Advice on Steel Care: Our products are made with weapons-grade blade steels. This steel requires more care to prevent corrosion than most individuals think necessary based on their prior experience with production knives and lower-quality martial arts weapons. For example, a pregnant woman touched the blade of a high-end 440C shop-made knife at a knife show. Overnight her fingerprint etched itself onto the blade. If you don’t know how to properly maintain the product, find out! You are welcome to contact us for our opinions, but they are not guaranteed or part of this Agreement. Properly maintaining the product is your sole responsibility.

Law and Forum:  This Agreement is governed by the laws of the State of Michigan, USA without regard to its conflict of law rules, and any dispute shall be finally resolved by the courts of the State of Michigan. You agree to submit to the jurisdiction of the courts of said state.

Blue Pencil: If any provision herein is held to be unenforceable, then this Agreement shall be construed or deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to so construe or amend this Agreement, the invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision(s) had not been included in this Agreement.

Words: Regardless of the capitalization, number and gender specifically used, words used in this Agreement shall be deemed and construed to include any other capitalization, number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires. A reference to us shall include our member(s), owner(s), personnel, agent(s), supplier(s) and reseller(s), in corporate, personal and all other capacities, as appropriate, when doing so will reduce the obligations and legal responsibilities of such person or entity.

Headers: Headers, Titles and Captions herein are for reference only and shall not be considered as a part of this text for legal purposes.

 

Click here to download pdf copy of Agreement.