Terms And Conditions

Please read the following terms and conditions prior to ordering:

LEAD EXPOSURE POSES SERIOUS HEALTH HAZARD

CAUTION: Shell casings almost always have lead residue on them. Lead exposure is a serious health hazard, especially to children. Lead exposure can lead to serious injury and even death. Lead exposure can occur not only via the direct handling of shell casings or the direct ingestion of lead dust or particulate that becomes airborne during activities involving shell casings, but also in many other ways—some of which are indirect and not obvious. For a non-exclusive list of examples in which you and others might become exposed to lead as a result of your activities involving the Product, see the websites below. Therefore, appropriate precautions must be taken when handling, storing, using (including reloading and shooting), selling, shipping, disposing, and taking any other activity involving the Product (any such matter, a “Product Activity”).

The U.S. Department of Health and Human Services, Public Health Service (“HHS”) notes, “Lead can affect almost every organ and system in your body. The main target for lead toxicity is the nervous system, both in adults and children. Long term exposure of adults can result in decreased performance in some tests that measure functions of the nervous system. It may also cause weakness in fingers, wrists, or ankles.  Lead exposure also causes small increases in blood pressure, particularly in middle-aged and older people and can cause anemia. Exposure to high lead levels can severely damage the brain and kidneys in adults or children and ultimately cause death. In pregnant women, high levels of exposure to lead may cause miscarriage. High level exposure in men can damage the organs responsible for sperm production.” 

ToxFAQs for Lead, HSS Agency for Toxic Substances and Disease Registry, Division of Toxicology and Environmental Medicine (August 2007).

The California Department of Public Health’s Occupational Lead Poisoning Prevention Program (“Cal OLPPP”) cites recent studies as showing that even “low levels of lead in adults can:

• increase blood pressure — may increase your chances of having a heart attack or stroke.
• decrease brain function — making it more difficult to think, learn, and remember.
• decrease kidney function — making it more difficult to get rid of toxic waste products through your urine.
• harm the physical and mental development of your baby before it’s born.
• increase chances of having a miscarriage.

Workplace Hazard Alert – New Health Hazards from Lead, Cal OLPPP (June 2010),

http://www.cdph.ca.gov/programs/olppp/Documents/LeadHazAlert.pdf.

You acknowledge that you are aware of the risks of lead contamination and agree to take all appropriate precautions in connection with Product Activities, to minimize the risks of (a) exposing yourself and others to lead poisoning, and (b) contaminating water, soil, other real property, personal property, the air, and the environment generally. Further information regarding lead risks and required or recommended methods for mitigating those risks and dealing with lead can be obtained from the

following websites and agencies:

Centers for Disease Control and Prevention

1600 Clifton Road

Atlanta, GA 30333

Phone: 800-CDC-INFO (800-232-4636)

Fax: 770-488-4178

Email: cdcinfo@cdc.gov

http://www.cdc.gov/niosh/topics/lead/Publications.html

Occupational Lead Poisoning Prevention Program

California Department of Public Health

Occupational Health Branch

850 Marina Bay Parkway

Building P, Third Floor

Richmond, CA 94804

Phone: 510-620-5757

Fax: 510-620-5743

Email: olppp@cdph.ca.gov

http://www.cdph.ca.gov/programs/olppp/Pages/default.aspx

United States Department of Labor

Occupational Safety & Health

Administration

200 Constitution Avenue NW

Washington, DC 20210

Phone: 800-321-OSHA (6742)

http://www.osha.gov/SLTC/lead/

United States Environmental Protection

Agency National Lead Information Center

422 South Clinton Avenue

Rochester, NY 14620

Phone: 800-424-LEAD (5323)

Fax: 585-232-3111

http://www.epa.gov/lead/index.html

Information can also be found at your state, regional, and local public health and occupational safety departments.

This is not a complete discussion of lead risks or a complete list of lead resources; it is merely intended to be a starting point for your independent research.

LIMITED WARRANTY

We warrant that the shell casings you purchase will be of the caliber you Select.  This is the exclusive warranty we are making in connection with any sale of shell casings. This warranty applies at the time of shipping, and all breach of warranty claims must be delivered to us in writing at:

Diamond K Brass
7291 E Adobe Drive STE 105
Scottsdale, Arizona 85255

or delivered to us via e-mail at:

dk@diamondkbrass.com

within 10 days after your receipt of the nonconforming shell casings. We disclaim all other warranties of any nature whatsoever, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. Except as warranted above, the shell casings are sold in a strictly “AS IS” condition.

EXCLUSIVE REMEDY

As the exclusive remedy for a breach of the above limited warranty, we will—at our election—either (a) replace the nonconforming shell casings with conforming casings at no cost to you, in which case you must immediately return the nonconforming shell casings at our cost, or (b) refund your purchase price and shipping charges in full, in which case you must immediately return the entire shipment at our cost. You waive all other rights to any other remedy or recovery (monetary or otherwise), including lost profits, loss of use, consequential damages, “benefit of bargain” damages, incidental damages, or other economic damages.

INDEMNITY, ASSUMPTION OF RISK, AND RELEASE

The following are conditions of, and material considerations for, purchasing the shell casings at the agreed price:

• You agree to indemnify, defend, and hold harmless Diamond K Brass LLC and its owners, managers, employees, representatives, attorneys, other agents, and suppliers. 
  
• You assume all risks related to Product Activities, including the risk of lead contamination of yourself, other persons, water, soil, other real property, personal property, the air, and the environment generally.
  
• You hereby release Diamond K Brass LLC and its owners, managers, employees, representatives, attorneys, other agents, suppliers, and insurers—and the heirs, successors, and assigns of any of the foregoing parties—from any and all claims, demands, actions, causes of action, judgments, obligations, damages, liabilities, losses, costs, fees, and expenses (including fees of investigators, attorneys, and consultants and experts) that are related to or arise out of any Product Activity by you or your owners, managers, employees, representatives, attorneys, or other agents. The matters hereby released include those which all known, unknown, suspected, unsuspected, certain, uncertain, liquidated, unliquidated, accrued, unaccrued, past, present, and future.
  

TYPOGRAPHICAL ERRORS

In the event that a www.diamondkbrass.com product is mistakenly listed at an incorrect price, www.diamondkbrass.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.diamondkbrass.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.diamondkbrass.com shall issue a credit to your credit card account in the amount of the incorrect price.

SEVERABILITY

Except as noted below, if any portion of these terms is unenforceable or only partial enforceable in any particular circumstances, the remaining terms shall nevertheless be enforced to the maximum extent permitted by law in those circumstances, and such non-enforcement or partial enforcement shall not affect the application of the same terms in other circumstances. Notwithstanding the foregoing, if the nonenforcement or partial enforcement of a term would yield an inequitable result, in that limited circumstance, the parties’ rights shall be equitably adjusted.   

For mistaken orders, the purchaser is responsible for shipping and handling costs in returning product(s) back to Diamond K Brass LLC.  After 30 days from when the order was recieved - Diamond K Brass LLC reserves the right to refuse a return.  Returns that are accepted may be subjected to a 15% restocking fee.

Reloading is a dangerous hobby.  Diamond K Brass LLC does not assume any responsibility for injury or death by means of the purchasing of our brass.  We advise that all brass received be inspected, as any recreational or commercial reloader should know, prior to reloading.  Please reload with care.  

In agreeing to our Terms and Conditions, you also agree to our Shipping and Privacy policies.