KAElV1PFER 

CRO\VELL 

ATfOR.t~EYS AT LAW 

RENO OFFICE 

JOSH D. CORRELL! 

jcorrelli@kcnvlaw .com 

775.398.4732 

December 30,2019 

Via Certified Mail, Return Receipt Requested 

Richard J. Fiato 

LAW OFFICES FIA TO 

550 E. Merrill Street, Suite 200 

Birmingham, Michigan 48009 

Re: Response to Akai Custom Guns ("Akai") Demand 

Dear Mr. Fiato: 

LAS VEGAS OFFICE 1980 Festival Plaza Drive 

Suite 650 

Las Vegas, NV 89135 

Tel: 702.792.7000 

Fax: 702.796.7181 

RENO OFFICE 

50 West Liberty Street 

Suite 700 

Reno, NV 89501 

Tel: 775.852.3900 

Fax: 775.327.2011 

CARSON CITY OFFICE 

510 West Fourth Street 

Carson City, NV 89703 

Tel: 775.884.8300 

Fax: 775.882.0257 

Please be advised that we have been retained to represent KKM Precision, Inc. ("KKM") 

with respect to the matters raised in your letter dated December 5, 2019. Our client denies the 

factual allegations contained in your letter (which did not include the test results or Exhibit A). 

Our client is not insured and therefore does not have any insurance policy to provide you. In the 

event your client chooses to proceed with its threat to initiate litigation, we are prepared to 

vigorously defend and assert meritorious counterclaims. To the extent, that your client has taken 

any action to modify KKM's products, it will be held accountable for the likely substantial 

damages resulting therefrom. 

Since you referenced KKM' s website, you know that all products sold by KKM are 

warranted against defects in material and workmanship to the original purchaser. This warranty 

does not apply to defects resulting from any customer actions, such as mishandling, improper 

installation, operation outside of design limits, misapplication, improper repair, or unauthorized 

modification. No other warranties are express or implied. UCC § 2-316. Furthermore, KKM 

specifically disclaims any implied warranties of merchantability or fitness for a specific purpose. 

ucc § 2-316. 

In addition to the foregoing, per the website, in the event a customer purchases or uses 

any KKM product for any such unintended or unauthorized application, the customer shall 

indemnify and hold harmless KKM and its officers, directors, employees, agents, affiliates, 

successors and assigns against all claims, costs, damages and expenses (including reasonable 

attorneys' and expert witness' fees) arising out of or in connection with, directly or indirectly, 

any claim for property damage, personal injury or death associated with such unintended or 

unauthorized use, even if such claim alleges that KKM was negligent regarding the design or 

manufacture of the subject product. 

2476123_2.docx Client/Matter19290.1 

Case 0:20-cv-61469-RS Document 207-32 Entered on FLSD Docket 12/05/2023 Page 1 of 4
KAEMPFER 

CROWELL 

Richard J. Fiato 

December 30, 2019 

Page2 

Pursuant to UCC § 2-608(2), Akai has failed to timely revoke its acceptance. Under 

UCC § 2-608(2) revocation of acceptance must occur within a reasonable time after the buyer 

discovers the ground for revocation and before any substantial change in condition of the goods 

which is not caused by its own defects. Akai orally notified KKM a couple months ago of the 

alleged problems with the products purchased. KKM requested that Akai send the alleged 

defective products to KKM for testing and Akai failed to send the products. Akai's revocation of 

acceptance has not occurred within a reasonable amount of time-Akai has known and spent the 

"entirety of 2019 repairing and replacing pistols for its customers." Thus, by its own admission, 

Akai has failed to timely revoke its acceptance. 

We suspect that Akai's independent QC metallurgy lab testing was inadequate or resulted 

in the destruction of products. Enclosed please find the proper step by step process of testing 

Rockwell hardness. 

KKM demands that Akai immediately cease and desist all further defamatory statements 

against KKM. 

In summary, Akai did not purchase any products from KKM in 2019, Akai substantially 

modified any products manufactured by KKM, and any revocation is invalid as untimely and 

directed to the incorrect party. Please direct all future communications regarding these matters 

to my attention. Nothing contained herein shall be deemed a limitation, waiver, or election of 

any rights and/or remedies by KKM, all of which are expressly reserved. 

Sincerely, Y2eLL 

Josh D. Correlli 

BEM/ 

2476123_2.docx 19290.1 

Case 0:20-cv-61469-RS Document 207-32 Entered on FLSD Docket 12/05/2023 Page 2 of 4
5201 Convair Dr., Carson City, NV 89706

Office: 775-246-5444 | KKMPrecision.com

KKM PRECISION ROCKWELL TESTING PROCEDURE

5201 Convair Dr., Carson City, NV 89706 | support@kkmprecision.com

General Information

1. Standard test method for Rockwell Hardness (HRC) of type 416R Stainless Steel 1911/2011 pistol barrels shall be performed 

on an ISO/ASTM certified automatic hardness testing machine i.e. Innovatest Verzus 720RS and adhere to ASTM E18-19 

standards.

2. Testing shall be performed after heat treating and before any surface finishing has been applied. For best results, both 

the test surface and the bottom surface of the test barrel must be smooth, even, and free from any dirt, oil, or lubricants. 

3. The use of a certified Diamond Indenter and 5mm Spot Anvil must be used for proper test results i.e. (IN/6005, 5mm 

Innovatest UN-Anvil/100).

4. Machine setup and operation will adhere to ASTM E18-19 standards consisting of Preload dwell time of 2 seconds, 

Mainload dwell time of 4 seconds, Recovery dwell time of 2 seconds with shape correction off.

5. Testing shall be within area shown in figures 1and 2. Position is approximately .500 inch from link pin hole on lower lug. 

6. Make at least two preliminary indentations on a 45RC gauge block before barrel testing to ensure the indenter and anvil 

are properly seated.

7. Stacking or the use of blocks and V-blocks is not acceptable under ASTM E18-19 standards. Only a certified indenter and 

anvil can be used.

8. Testing shall not be performed on any cylindrical surfaces of the barrel as severe deformation of the internal bore can 

result. Because type 416R has sulfur stringers that run length wise through the barrel, any tests performed on the 

cylindrical surfaces can cause micro cracks to form rendering the barrel unsafe for use and void all warranties. Please 

contact KKM Precision at 775-246-5444 for assistance.

9. Operator must be properly trained in ASTM E18-19 standards and procedures.

KKM Precision Rockwell Testing Procedure:

- Install barrel into Innovatest Verzus 720RS or equivalent and position according to figures 1 

and 2, allowing 1mm space between barrel surface and indenter. 

- Perform test and remove once finished. Test is automatic and only needs to be monitored for 

operator errors etc. (Tilting barrel greater than 1-degree, foreign object on surface etc.).

- Record and print test report. KKM Precision testing tolerance is 39RC to 45RC ±1. Average

value is 42RC.

- If results are outside nominal tolerances, contact KKM Precision at 775-246-5444 for 

assistance. 

Note:

Common Problems in Rockwell Hardness Testing on 1911/2011 Pistol Barrels:

- Operator error, environment, sample preparation, etc.

- Stacking or the use of blocks and V-blocks will result in below normal readings.

- Use of a noncertified or non-accredited ISO/ASTM E18-19 testing machine.

- Deflection caused by testing on cylindrical surfaces with no interior bore support, see figure 

3. Test results can be 10+ points lower than actual results from material deflection.

- Surface is not smooth (Surface has been blasted with silicone carbide, glass beads etc.).

- Testing a surface that is coated with DLC, Tin, TiAln, Blacknitride etc. will result in damage to 

the diamond indenter and produce false results. 

- Rockwell testing is a skill and may take many tries to perfect. Contact KKM Precision for 

assistance. 

Case 0:20-cv-61469-RS Document 207-32 Entered on FLSD Docket 12/05/2023 Page 3 of 4
5201 Convair Dr., Carson City, NV 89706

Office: 775-246-5444 | KKMPrecision.com

Figure 1 Figure 2

Figure 3

Case 0:20-cv-61469-RS Document 207-32 Entered on FLSD Docket 12/05/2023 Page 4 of 4