Terms and Conditions – Pricing and Availability – Patents

TERMS AND CONDITIONS OF USE

Some of the products that Drake Associates Inc. sells can be hazardous to health. ALWAYS CAREFULLY READ AND UNDERSTAND ALL CAUTION STATEMENTS AND PRODUCT USE DIRECTIONS SHOWN ON PRODUCT LABELS BEFORE USING.

Ammunition contains lead. Exposure to lead may result in health problems. Discharging firearms in poorly ventilated areas, and cleaning of firearms may result in exposure to lead. Use sufficient ventilation when firing and wash your hands after handling.

It is your responsibility to know the legality of the items you are ordering. Some items in this online store may be restricted to adults only, or may be restricted in the area where you live. These items include ammunition, firearms, and some magazines. You can only place an order if you agree to and accept the following:

To receive ammunition, a person must be someone who over 21 years old or over needs to be present to sign for the package when it is delivered. Adults between 18-20 cannot order ammo, but can order rifle or shotgun ammunition only with the understanding that someone else over 21 would need to personally receive and sign for it. Your date of birth must be entered when purchasing. Orders for restricted items from persons under 18 will be canceled.

You are not prohibited from purchasing or owning these products by any local, state, or federal laws regarding your criminal background, drug use, domestic violence protective orders, or other prohibitions, and you are over 18 for long gun purchases. Firearms are only sent to license FFL dealers and you must have permission before ordering (or we can ship to C&R if applicable), and federal background checks are required when transferred.

Drake Associates Inc. does not warrant that its products will meet your requirements. Furthermore, Drake Associates Inc. does not warrant or make any representations regarding the use or the results of the use of any of our products or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Drake Associates Inc. shall create a warranty or in any way increase the scope of this warranty.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Drake Associates Inc. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF ITS PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Drake Associates Inc.’s total liability to you for all damages exceed the amount of $100.00.

You agree to indemnify and hold Drake Associates Inc. harmless from any and all damages, liabilities, costs, and expenses, including but not limited to attorneys fees and costs of suit, incurred by Drake Associates Inc. as a result of any claim, proceeding, and or judgment to the extent it arises out of or is connected in any manner with the operation, use, distribution or modification of any of Drake Associates Inc.’s products.

ONLINE PRICE AND DESCRIPTION ERRORS

Our online inventory changes every day. Occasionally an item may appear on the site by mistake or the item’s description may contain a typographical error. We do not guarantee that titles, descriptions or pictures on our site are error-free. We reserve the right to refuse any order including but not limited to orders for items with errors in the description or price. In the event that we cancel an order we will not charge the customer’s credit card or we will return the money.

If an item’s description contains an error such as incorrect price and a customer orders one, we will not process the order without first contacting the customer. If the order is mistakenly shipped, we may advise the customer to return the item in an unopened condition and we will not bill the customer. By placing an order, the customer agrees that Drake Associates Inc. will be the final arbiter of discrepancies in the online catalog.

ITEM AVAILABILITY (Guaranteeing you will get the item)

Occasionally we have only one item in stock and more than one person orders it. We will honor the first funded order. If we run out of stock we will contact you and either ship the item when it becomes available or cancel your order and refund your money.

Drake Associates Inc will provide price quotes to qualified FFL holders. Weapon systems may be purchased by Military, Federal, State and Local Law Enforcement agencies. Civilian sales must be transferred through valid FFL holder where legal to possess.

ADDITIONALLY SEE FIREARMS TERMS AND CONDITION ORDERING INFORMATION – refer tp tab located on PGM Sniper Weapon Systems page – ALSO APPLIES TO RANGEMASTER and ANY OTHER FIREARM sold by DRAKE ASSOCIATES.

NYS AGENCIES:

As per the NYS Dept. of Taxation and Finance, you must provide a completed “NYS TAX EXEMPT ORGANIZATION CERTIFICATE” along with your PO, If you submit your PO without the requisite form, we must charge you sales tax. Once we have your certificate on file, all your future purchases will be covered. We are extremely sorry for this inconvenient red tape, but without it, we are required to charge you 8.625% Sales Tax on your purchases.

FOR AGENCIES OUTSIDE NYS:

the following universal state “SALES TAX EXEMPT ORGANIZATION CERTIFICATE” is provided. If you can provide your state’s approved form in place of this universal form, please do so. We have the duty to collect, report and remit sales tax on sales made outside the domicile state of the vender (at the tax rate of the state to which items are delivered), unless the entity is an EXEMPT organization. This will be a paperwork nightmare!

Federal Forms Required for Restricted Weapons

For weapons and/or ammunition (including LESS-LETHAL), we will need in addition to the Sales Tax Exempt Organization Certificate as listed above, a completed federal Excise Tax Exempt Certificate #5300.28A and “Federal Tax Exempt Certificate #5300.28B”, your formal Purchase Order as well as a “Statement of Intended Use”

To all U.S. law enforcement agency Customers:

It is imperative that you supply us with your correct IRS EIN. We cannot complete any orders unless we have that number. We have recently been given EIN’s by purchasers, that are incorrect, either having too many numbers, incorrect prefix numbers, extra letters and numbers after the EIN, etc. Some have submitted state or federal sales tax exemption numbers, used when purchasing products or services, not their EIN. The EIN is the IRS “Employer Identification Number”. It is the 9 digit account number issued by the IRS to every U.S. employer, government and civilian alike, for payroll source deduction purposes (income tax and other deductions from employees, and remittance back to the Internal Revenue Service of these deductions). The payroll department or accounting/ finance branch of every government employer has this number and uses it weekly, bi-weekly or monthly, for remittances of Withholding Taxes. It is up to the customer, (such as the contracting officer), to verify it through one of these offices in their agency or company. However, please verify with them to be sure they are not mistaking providing the number issued by your state’s Department of Finance /Taxation as your state Tax Exempt Organization ID number. The format of this number is a 2-digit prefix, followed by a dash, followed by 7 additional digits.

It is all numbers, no letters.
For example: 53-1234567

An Employer Identification Number (EIN) is also known as a Federal Tax Identification Number, and is used to identify a business or governmental entity. If we are required to pay any IRS / CBP penalties through our provision of an incorrect or non-existent EIN — and they can be quite substantial–we will consider passing them back to you for reimbursement to us. Please take care that the correct number is obtained from your agency’s Comptroller/Finance Director. We must include the correct EIN on courier waybills, commercial invoices and external shipping labels of every package we ship.

Federal Express and United Parcel Service now require that consignees of “restricted items” shipments must be identified on all shipping documentation with your agency’s EIN.

PATENTS